AuthorTitleCitationSummaryYearKey Term
Matt Reynolds AMERICA'S LOST CHILDREN 108-JUL ABA Journal 42 (June/July, 2022) When researchers began the painstaking work of identifying Indigenous children who died at the Genoa U.S. Indian Industrial School in Nebraska, they kept making chilling discoveries. Although old newspaper clippings, student newsletters and death records revealed students had died of flu, complications from tuberculosis, measles, polio and... 2022  
Hannah Stambaugh America's Quiet Legacy of Native American Voter Disenfranchisement: Prospects for Change in North Dakota after Brakebill V. Jaeger 69 American University Law Review 295 (October, 2019) In 2013, North Dakota passed one of the country's most restrictive voter ID laws. This law requires voters to present a photo ID containing a residential street address to vote and does not contain any fail-safe mechanisms to allow voting without a qualifying ID. The North Dakota law was part of a wave of new, restrictive voter ID laws passed; Search Snippet: ...For example, from 1860 through the passage of the 1978 Indian Child Welfare Act, the federal government commonly forced Native American youth to attend federally-operated Indian boarding schools. [FN48] These schools existed to assimilate Native American youth... 2019  
Affie B. Ellis AN "ENDURING PLACE" 46-OCT Wyoming Lawyer 20 (October, 2023) On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of tribal sovereignty and the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen. Congress enacted ICWA in 1978 to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster... 2023  
Chante Westmoreland An Analysis of the Lack of Protection for Intangible Tribal Cultural Property in the Digital Age 106 California Law Review 959 (June, 2018) This Note analyzes how the current push for digitization of library and museum collections exacerbates the infringement and appropriation of intangible tribal cultural property and how current statutory schemes fail to adequately protect such property. Cultural property includes any sacred traditional knowledge essential to tribal ways of life and; Search Snippet: a Tool for Cultural Protection: The Example of The Indian Child Welfare Act 978 3. Inadequacy of Existing Tangible Cultural Property... 2018  
Amanda B. Westphal An Argument in Favor of Abrogating the Use of the Best Interests of the Child Standard to Circumvent the Jurisdictional Provisions of the Indian Child Welfare Act in South Dakota. 49 South Dakota Law Review 107 (2003) The South Dakota Supreme Court has always recognized the needs of the children are paramount and that their best interests must prevail. However, in cases dealing with the Indian Child Welfare Act the South Dakota Supreme Court has the right answer but to the wrong question. Under ICWA, the question state court judges should be asking is not what; Search Snippet: ...THE CHILD STANDARD TO CIRCUMVENT THE JURISDICTIONAL PROVISIONS OF THE INDIAN CHILD WELFARE ACT IN SOUTH DAKOTA. Amanda B. Westphal Copyright ©... 2003 Child Welfare
Gerald L. “Jerry” Brown, ; Reeve Love, ; and Bradley Scott An Historical Overview of Indian Education and Four Generations of Desegregation 2 Journal of Gender, Race and Justice 407 (Spring 1999) From time immemorial, indigenous people of this country have established their own educational system in accordance with their cultural ways. Today several hundred Indian nations still exist in the United States. It is important to start with that backdrop in examining the issues discussed in this article. This article will present an historical; Search Snippet: ...the purpose of Indian education, or the mainstream education of Indian children, was to de-Indianize the children. [FN17] Boarding schools were developed, the most famous of which is probably Carlisle Indian School. [FN18] One assimilation strategy was to take children from... 1999  
David Wilkins An Inquiry into Indigenous Political Participation: Implications for Tribal Sovereignty 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only; Search Snippet: ...A number of issues were addressed including taxation, education, appropriations, Indian child welfare, senior citizens, environmental issues and especially Indian gaming. But... 2000  
Christine Basic (Fall 2003) An Overview of the Indian Child Welfare Act of 1978 16 Journal of Contemporary Legal Issues 345 (2007) Here I walk the road of beauty with my little one as we wear beautiful, beaded moccasins. Let the sunrays be on us, among the carpeted colors of flowers. My child and I will be recognized by our little tiny friends--animals, birds, and butterflies. My child and I will touch the clear water of coolness in the stream as we live. Ha ho ya tahey. My; Search Snippet: ...Part Four: Termination of Parental Rights AN OVERVIEW OF THE INDIAN CHILD WELFARE ACT OF 1978 Christine Basic (Fall 2003) Copyright ©... 2007 Child Welfare
Rita Sabina Mandosa Another Promise Broken 40 Federal Bar News and Journal 109 (February, 1993) We still need our line of warriors, but now they've got to be legal warriors. That's the war now, and it's the only way we're going to survive. Tiger O'Rourke Yurok Indian The American Indian Religious Freedom Act of 1978 (AIRFA) signaled an awakening of the national conscience to its long history of indifference, ignorance, and often violent; Search Snippet: ...essential for cultural survival. The well documented killings of friendly natives and of their buffalo, the land steals, the violated treaties, the forcible removal of Indian children to boarding schools for assimilation (i.e., conversion) all form the basis for... 1993  
Kevin Heiner Are You My Father? Adopting a Federal Standard for Acknowledging or Establishing Paternity in State Court Icwa Proceedings 117 Columbia Law Review 2151 (December, 2017) This Note analyzes the difficulty that courts have in determining whether nonmarital fathers of Native American children are parents within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history leading to the enactment of ICWA and provides an overview of the subsequent interpretation of ICWA by the Supreme Court,; Search Snippet: ...Native American children are parents within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history... 2017  
Elizabeth Newland AROUND THE WORLD: INDIGENOUS CHILDREN IN CANADA'S FOSTER CARE SYSTEM: BILL C-92 AND THE IMPORTANCE OF CULTURAL IDENTITY 42 Children's Legal Rights Journal 59 (2021) This article addresses the historical colonization of Indigenous people in Canada and how this is continued through the Canadian child welfare system. It will examine the history of colonialism of Indigenous children in Canada, specifically through the creation of residential schools, the increase of Indigenous children in foster care through the... 2021  
Carly Minsky AROUND THE WORLD: RECENT CHANGES TO INDIGENOUS CHILD WELFARE IN CANADA 41 Children's Legal Rights Journal 79 (2021) Like the United States, Canada has a long and checkered history with Indigenous peoples. Much of this history between the Indigenous peoples and the Canadian government centered around the government's attempt to civilize the Indigenous peoples according to European standards. One way in which both nations sought to decimate tribes of Indigenous... 2021 Child Welfare
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy; Search Snippet: ...genocidal and ecocidal policies of almost unimaginable proportions. Generations of Indian children have been forcibly removed from their families and imprisoned in boarding schools where they were stripped of their culture, traumatized, and... 2002  
Ruthann Robson Assimilation, Marriage, and Lesbian Liberation 75 Temple Law Review 709 (Winter 2002) I. Introduction. 710 II. Assimilation and Legal Culture. 712 A. The Dominant and Idealized Group. 715 B. The Coercive Nature of Assimilation. 717 C. The Constitutional Interests of Equality. 719 D. Both Assimilation and Anti-Assimilation Can Be Repressive. 722 E. Segregation and Separatism. 725 F. The Disagreement Within Communities. 727 III; Search Snippet: ...first occurred through explicit policies administered by the Bureau of Indian Affairs, which forced Native children to attend boarding schools for eight years, during which time the children were not permitted to speak their native language, wear native clothes or keep their hair long. [FN64] State welfare agencies... 2002  
Addie C. Rolnick ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION 11 Columbia Journal of Race and Law 811 (July, 2021) A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... 2021  
Natsu Taylor Saito At the Heart of the Law: Remedies for Massive Wrongs 27 Review of Litigation 281 (Winter 2008) I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300; Search Snippet: ...FN65] to outlaw spiritual and cultural practices; [FN66] to strip Indian children of the connections to their families, communities and traditions in... 2008  
James T. Campbell AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" 131 Yale Law Journal 2542 (June, 2022) The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... 2022  
J.D. Cooley Baby Girl's Fate: Adoptive Couple V. Baby Girl - Placing a Child's Chosen Parental Path in the Hands of the United States Supreme Court 8 Southern Journal of Policy and Justice 99 (Spring 2014) Imagine the following scenario: A young couple anxiously await the arrival of their baby girl. She may not be their child biologically, but they will love her all the same. The young couple has gone through all of the red tape and jumped through every legal and procedural hoop. They have even begun to purchase the things their baby girl will need; Search Snippet: ...The law at the center of this case is the Indian Child Welfare Act (ICWA). [FN23] Enacted in 1978, ICWA is a federal law that aims to keep American Indian children with American Indian families. [FN24] ICWA also sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of, or eligible for membership in... 2014  
Shannon M. Morris Baby Veronica Ruling: Implications for the Indian Child Welfare Act in Indian Child Removals and Adoptions to Non-indian Custodians 72 National Lawyers Guild Review Rev. 1 (Spring, 2015) Let us put our minds together and see what life we can make for our children. --Chief Sitting Bull In 1978, the Indian Child Welfare Act (ICWA) was enacted to prevent the biased treatment of Indian children and families by public and non-Indian private child welfare systems. The assimilation policies of the 1950s and 1960s were all designed to; Search Snippet: ...Guild Review Spring, 2015 BABY VERONICA RULING: IMPLICATIONS FOR THE INDIAN CHILD WELFARE ACT IN INDIAN CHILD REMOVALS AND ADOPTIONS TO NON-INDIAN CUSTODIANS Shannon M. Morris... 2015 Child Welfare
Nicole Russo BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 55 Suffolk University Law Review 123 (2022) [T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... 2022 Child Welfare
Annette R. Appell Bad Mothers and Spanish-speaking Caregivers 7 Nevada Law Journal 759 (Summer 2007) Children are an essential but often overlooked bounty in the regulation of race, culture, and rights. The role of children in perpetuating and enriching culture, moral value, and political power is surprisingly under-theorized in the critical literature. Indeed, there is very little discussion about child welfare in civil rights and critical race; Search Snippet: ...Native Americans Beginning in colonial times, missionaries undertook to educate Indian children into Anglo, Christian ways. [FN7] By the early 1800s, the... 2007  
Angelique Townsend Eaglewoman (Wambdi A. Wastewin ) Balancing Between Two Worlds: a Dakota Woman's Reflections on Being a Law Professor 29 Berkeley Journal of Gender, Law & Justice 250 (Summer 2014) There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world, where I feel replenished and part of an on-going community experience stretching back to; Search Snippet: ...programs such as the Johnson O'Malley [FN4] education program for Indian children in public school systems, and later directly through my tribal... 2014  
Joshua Santangelo BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) 37 Emory Bankruptcy Developments Journal 325 (2021) This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... 2021  
Lloyd Burton ; and David Ruppert Bear's Lodge or Devils Tower: Inter-cultural Relations, Legal Pluralism, and the Management of Sacred Sites on Public Lands 8 Cornell Journal of Law & Public Policy 201 (Winter 1999) Seven young girls strayed from camp and were chased by bears. As the bears were about to catch them they sought refuge on a low rock about three feet in height. One girl prayed for the rock to take pity on them. As a result the rock began to grow skyward pushing the girls out of reach of the bears. The bears jumped and scratched at the rock [giving; Search Snippet: ...federal effort to obliterate tribal culture altogether. The government sent Indian children to English-only boarding schools many miles from home and family, and prohibited, under... 1999  
Martha Minow BEGIN WITH ADMITTING INHUMANITY 52 Southwestern Law Review 1 (2023) Humanity begins with admitting inhumanity. --Abhijit Naskar What does it take to survive and move forward after your community has lost one out of every six people? Terrible questions like this confront communities that have suffered massive natural disasters and wars. When the killings, torture, and rapes are at the hands of the national... 2023  
Katie L. Gojevic Benefit or Burden?: Brackeen V. Zinke and the Constitutionality of the Indian Child Welfare Act 68 Buffalo Law Review 247 (January, 2020) Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian; Search Snippet: ...OR BURDEN?: BRACKEEN v. ZINKE AND THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT Katie L. Gojevic Copyright © 2020 by Buffalo Law Review; Katie L. Gojevic Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian... 2020 Child Welfare
Glennas'ba Augborne Arents , April E. Olson BENT, BUT NOT BROKEN 57-AUG Arizona Attorney 62 (July/August, 2021) There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... 2021  
Lisa L. Atkinson Best Interest of the Child 58 Judges' Journal J. 6 (Winter, 2019) A great general has said that the only good Indian is a dead one, and that high sanction of his destruction has been an enormous factor in promoting Indian massacres. In a sense, I agree with the sentiment, hut only in this: that all the Indian there is in the race should be dead. Kill the Indian in him, and save the man. --Carlisle Indian School; Search Snippet: ...and that we have a direct interest in protecting our Indian children who are members of, eligible for membership, or descendants of... 2019  
Meera E. Deo, JD, PhD BETTER THAN BIPOC 41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... 2023  
Amy Reavis BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS 46 New York University Review of Law and Social Change 362 (2022) The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... 2022  
David Smolin BEYOND APOLOGIES: CHILDREN, MOTHERS, RELIGIOUS LIBERTY, AND THE MISSION OF THE CATHOLIC CHURCH 53 Cumberland Law Review 101 (2022-2023) Fulton v. City of Philadelphia was a rare unanimous United States Supreme Court victory for religious liberty within the contentious space of religious liberty in conflict with LGBTQ+ rights and equality. The case also provided a unanimous stamp of approval from the Supreme Court for the work of Catholic Social Services (CSS) with vulnerable... 2023  
Mitchell Forbes BEYOND INDIAN COUNTRY: THE SOVEREIGN POWERS OF ALASKA TRIBES WITHOUT RESERVATIONS 40 Alaska Law Review 171 (June, 2023) The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would... 2023  
William Bradford Beyond Reparations: an American Indian Theory of Justice 66 Ohio State Law Journal L.J. 1 (2005) It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain; Search Snippet: its stead. [FN150] Beginning in the late nineteenth century, Indian children were spirited off to boarding schools where their hair was cut, their tribal clothing was... 2005  
Lara Roetzel , Tifanie Petro , Erica Ramstad Beyond the Cages: Sex Trafficking in South Dakota 64 South Dakota Law Review 346 (2019) In each state and country, sex trafficking looks different. In South Dakota, a state of approximately 885,000 people, sex trafficking looks especially unique because the population is dispersed across small, rural communities. The state is also home to nine Native American reservations and five of the poorest counties in the nation, where; Search Snippet: sex trafficking. [FN81] The trafficking and sexual abuse of Native Americans in South Dakota can be traced back to Indian boarding schools scattered throughout the state in the 1900s after children... 2019  
Natsu Taylor Saito Beyond the Citizen/alien Dichotomy: Liberty, Security, and the Exercise of Plenary Power 14 Temple Political & Civil Rights Law Review 389 (Spring, 2005) [Since the attacks of September 11, 2001, t]here has been much talk about the need to sacrifice liberty for security. In practice, however, the government has most often at least initially sacrificed noncitizens' liberties while retaining basic protections for citizens. This is a politically tempting way to mediate the tension between liberty and; Search Snippet: ...other gross injustices, the forced removal of generations of American Indian children from their families and their imprisonment in boarding schools; [FN50] the involuntary sterilization of staggering numbers of women of child-bearing age by the Bureau of Indian Affairs' Indian Health Services; [FN51] the leasing of the most profitable native land and mineral resources at prices dramatically below market value... 2005  
Bethany R. Berger Birthright Citizenship on Trial: Elk V. Wilkins and United States V. Wong Kim Ark 37 Cardozo Law Review 1185 (April, 2016) In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man; Search Snippet: ...of individualism and freedom. [FN25] In the name of freeing Indians from the shackles of tribalism, federal officials governed the minutiae of reservation life, charting how many Indians wore citizen's dress and how many acres they farmed, [FN26] and removed Indian children to boarding schools, circulating photographs showing their transformation from savagery to civilization... 2016  
Sonia M. Gipson Rankin Black Kinship Circles in the 21 Century: Survey of Recent Child Welfare Reforms and How it Impacts Black Kinship Care Families 12 Whittier Journal of Child and Family Advocacy 1 (Spring, 2013) The Black American community has been celebrated for the historical success of kinship care. Children not living with biological parents are enveloped by relatives, friends, and community members in order to create a resilient people often reared in the harshest of American socio-economic conditions. Our federal government, states, and communities; Search Snippet: ...plays in the development of a child would be the Indian Child Welfare Act of 1978 ( 25 U.S.C. §§ 1901 1963 (1978... 2013 Child Welfare
Craig J. Dorsay , Partner, Dorsay & Easton LLP Blood Quantum Issues and Other Challenges for Tribal Attorneys and Their Clients 2013 Aspatore 5293044 (October, 2013) The Indian Self-Determination Education Assistance Act of 1975 (ISDEAA) essentially crystallized a requirement that tribes have formal membership regulations to receive federal benefits/services. Before that time, the provision of federal services was not dependent upon tribes being federally recognized. For example, the members of one of the; Search Snippet: ...Advisory Council, in Washington, under state rules, and the Local Indian Child Welfare Advisory Committee (LICWAC). Also, the Indian Child Welfare Act of 1978 has a couple of provisions that... 2013  
Patrice H. Kunesh Borders Beyond Borders -- Protecting Essential Tribal Relations off Reservation under the Indian Child Welfare Act 42 New England Law Review 15 (Fall 2007) Abstract: The year 2008 marks the thirtieth anniversary of the enactment of the Indian Child Welfare Act (ICWA), one of the most dynamic pieces of legislation in the field of federal Indian affairs, which irrevocably changed the traditional jurisdictional prerogatives of states in child custody matters. ICWA's jurisdictional scheme vests exclusive; Search Snippet: ...BEYOND BORDERS -- PROTECTING ESSENTIAL TRIBAL RELATIONS OFF RESERVATION UNDER THE INDIAN CHILD WELFARE ACT Patrice H. Kunesh [FNa1] Copyright (c) 2007 New... 2007 Child Welfare
Marcia Zug BRACKEEN AND THE "DOMESTIC SUPPLY OF INFANTS" 56 Family Law Quarterly 175 (2022-2023) In November 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland. The case concerns the constitutionality of the Indian Child Welfare Act (ICWA), a statute enacted in 1978 to help keep Indian children connected to their families and culture. Most Indian child and family advocates consider ICWA a success. The Act is routinely referred... 2023  
Kirsten Matoy Carlson BRINGING CONGRESS AND INDIANS BACK INTO FEDERAL INDIAN LAW: THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS 97 Washington Law Review 725 (October, 2022) Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This... 2022  
Benjamin Hochberg Bringing Jim Thorpe Home: Inconsistencies in the Native American Graves and Repatriation Act 13 Rutgers Race & the Law Review 83 (2012) Yes. That order did not come from God. Justice, That dwells with the gods below, knows no such law. I did not think your edicts strong enough To overrule the unwritten unalterable laws Of God and heaven, you being only a man. The body of the greatest Native American athlete was sold in a midnight exchange for the benefit of local tourism. In; Search Snippet: ...symbol of the triumph of European-American civilization over savagery. Boarding schools took before-and-after pictures of Indian children, first arriving in tribal dress and then arrayed in the... 2012  
The Honorable Korey Wahwassuck, The Honorable John P. Smith, The Honorable John R. Hawkinson Building a Legacy of Hope: Perspectives on Joint Tribal-state Jurisdiction 36 William Mitchell Law Review 859 (2010) I. Sowing Seeds Of Hope--Synopsis. 860 II. Necessity: The Mother Of Invention--Background. 861 III. Changing Attitudes, Creating Believers--Overcoming Obstacles. 867 IV. The Roots Of Joint Jurisdiction--Historical Analysis. 874 V. The Fruits Of Change--Benefits of Joint Jurisdiction. 887 VI. Looking Forward--Conclusion. 896; Search Snippet: ...of assimilation and civilization was the forced re-education of Indian children at boarding schools that were often long distances from the reservations. [FN86... 2010  
Robert B. Porter Building a New Longhouse: the Case for Government Reform Within the Six Nations of the Haudenosaunee 46 Buffalo Law Review 805 (Fall, 1998) L1-2Introduction 806. I. What is the Current State of Haudenosaunee Governance?. 814 A. Acceptance of the Gayanashagowa and Establishment of the Confederacy. 814 B. Transformation and Americanization. 821 C. Dysfunction and the Modern Era. 844 II. What are the Reasons for Haudenosaunee Governmental Dysfunction?. 889 A. The Change in Haudenosaunee; Search Snippet: ...later, in 1855, for the establishment of the State's first boarding schoolthe Thomas Asylum for Orphan and Destitute Indian Children. [FN74] The State Board of Charities was established to care... 1998  
Juan F. Perea Buscando América: Why Integration and Equal Protection Fail to Protect Latinos 117 Harvard Law Review 1420 (March, 2004) So you see it is up to the white population to keep the Mexican on his knees in an onion patch or in new ground. This does not mix well with education. The lessons of subordination formed the most vital part of the curriculum. The schools renewed the conquest every semester. During the 1940s, Gonzalo and Felícitas Méndez moved to Westminster,; Search Snippet: ...note 16, at 663-69; id. at 862 (discussing American Indian boarding schools). . See Carter Godwin Woodson, The Mis-Education of... 2004  
Richard Delgado ; Jean Stefancic California's Racial History and Constitutional Rationales for Race-conscious Decision Making in Higher Education 47 UCLA Law Review 1521 (August, 2000) Richard Delgado and Jean Stefancic examine the history of racial mistreatment of citizens of color in California. Beginning with incidents of racial brutality during the early Spanish colonial period and proceeding into the present, Delgado and Stefancic reveal that California has not been the egalitarian paradise many suppose. The authors write; Search Snippet: ...FN362] Indian schools, by contrast, seem to have done the Indian children sent there very little favor. As mentioned earlier, [FN363] Spanish... 2000  
  CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION 86 IUS Gentium 895 (2021) The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... 2021  
  CHAPTER 8 UNITED STATES OF AMERICA 86 IUS Gentium 345 (2021) The United States of America is a federation of 50 states and the District of Columbia, each of which is a separate jurisdiction with independent responsibility for enacting legislation, providing a judicial system and for managing programmes of service provision. Family law, a matter constitutionally reserved to the states, includes issues and... 2021  
Ralph W. Johnson , Berrie Martinis Chief Justice Rehnquist and the Indian Cases 16 Public Land Law Review Rev. 1 (1995) Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes in Indian law. He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to; Search Snippet: ...Civil War, and were subject to extreme discrimination after it. Indians were forcibly removed from their homelands, required to move onto reservations, surrender their children to boarding schools, deny their own language and religious heritage, and be... 1995  
Larry EchoHawk Child Sexual Abuse in Indian Country: Is the Guardian Keeping in Mind the Seventh Generation? 5 NYU Journal of Legislation and Public Policy 83 (2001-2002) When European settlers first came to the northeastern shore of America, they encountered the great Iroquois Confederacy. Through this contact, white men were intrigued and influenced by several principles of governance used by the Iroquois. One of these principles is reflected in a phrase that captures the spirit of the Iroquois's view toward; Search Snippet: ...Native American children and to bring those who sexually molest Indian children to justice. I Child Sexual Abuse in America A. Statistics... 2002  
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