AuthorTitleCitationSummaryYearKey Term in Title or Summary
Carl G. Hakansson Allotment at Pine Ridge Reservation: its Consequences and Alternative Remedies 73 North Dakota Law Review 231 (1997) Since European settlers first arrived in America, they have been faced with the dilemma of how to deal with the Native American Indians. In the United States, following colonial independence from England, the Constitution put Indian affairs in the hands of the federal government. The power of Congress to regulate commerce with the tribes and the; Search Snippet: ...begin the assimilation process as early as possible by sending Indian children to boarding schools, thus denying parents any opportunity to nurture their children... 1997  
Richard J. Ansson, Jr. American Indian Legal History and the American Indian Woman 21 American Indian Law Review 205 (1997) Changing Woman. By Karen Anderson. Oxford: Oxford University Press. 1996. Pp. 291. Changing Woman, by Karen Anderson, is a perspicuous book that yields a profoundly thorough, yet astoundingly thoughtful, insight into the historical aspects of federal Indian policy and the residual effect those policies have had on American Indian women; Search Snippet: ...the government sought to control the behavior of young American Indian children. Indeed, arguing that boarding schools were essential to acculturation, government officials began placing Indian children in such schools (p. 46). Young women, when the government... 1997  
Allison M. Dussias Ghost Dance and Holy Ghost: the Echoes of Nineteenth-century Christianization Policy in Twentieth-century Native American Free Exercise Cases 49 Stanford Law Review 773 (April, 1997) In the late nineteenth century, Native Americans were the subject of a United States government Christianization policy that attempted, with the help of Christian churches, to convert Native Americans to Christianity by assigning reservations to Christian groups for proselytization purposes and by suppressing Native American religious beliefs and; Search Snippet: ...enterprise of rescuing from lives of barbarism and savagery these Indian children, and conferring upon them the benefits of an educated civilization... 1997  
Jennifer L. Walters In re Elliott: Michigan's Interpretation and Rejection of the Existing Indian Family Exception to the Indian Child Welfare Act 14 Thomas M. Cooley Law Review 633 (Michaelmas Term, 1997) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) as a result of the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people. This legislation's policy is to protect the best interests of Indian children and to promote the stability and security of Indian; Search Snippet: ...AND REJECTION OF THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT [FN2] Jennifer L. Walters Copyright (c) 1997 Thomas... 1997 Yes
Rebecca Tsosie Negotiating Economic Survival: the Consent Principle and Tribal-state Compacts under the Indian Gaming Regulatory Act 29 Arizona State Law Journal 25 (Spring, 1997) I. Introduction. 26 II. Historical Look at the Consent Principle. 29 III. The Contemporary Application of the Consent Principle. 33 A. Negotiated Agreements Between States and Tribes in Natural Resources Disputes. 34 B. The Indian Gaming Regulatory Act and the Consent Principle. 43 1. The Nature of Tribal Gaming Rights. 43 2. The Impact of the IGRA; Search Snippet: ...divided among several reservations where they could be subdued. [FN27] Indian children were sent to distant boarding schools and forbidden to speak their native languages. [FN28] The federal government authorized Christian missionaries to serve... 1997  
Robert B. Porter Strengthening Tribal Sovereignty Through Peacemaking: How the Anglo-american Legal Tradition Destroys Indigenous Societies 28 Columbia Human Rights Law Review 235 (Winter 1997) Three Killed in Gunbattle Triggered by Seneca Feud --Headline, The Buffalo News State Court jurisdiction over the type of internal dispute present here would set a dangerous precedent that could severely undermine the (Seneca) Nation's sovereignty, usurp the authority of the Nation's courts, and erode the power of the Nation's leaders to govern for; Search Snippet: ...population. [FN163] Official federal government action, including the establishment of boarding schools, police agencies, and prisons also took place as means of ensuring native assimilation as quickly as possible. [FN164] One of the most... 1997  
Charmel L. Cross The Existing Indian Family Exception: Is it Appropriate to Use a Judicially Created Exception to Render the Indian Child Welfare Act of 1978 Inapplicable? 26 Capital University Law Review 847 (1997) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) in response to the unusual frequency with which Native American children were being separated from their families and tribes through adoption and foster care placement. Congress was concerned about the consequences of such a disproportionate removal rate, and the ICWA was recognition; Search Snippet: ...APPROPRIATE TO USE A JUDICIALLY CREATED EXCEPTION TO RENDER THE INDIAN CHILD WELFARE ACT OF 1978 INAPPLICABLE? Charmel L. Cross Copyright ©... 1997 Yes
B. J. Jones The Indian Child Welfare Act: in Search of a Federal Forum to Vindicate the Rights of Indian Tribes and Children Against the Vagaries of State Courts 73 North Dakota Law Review 395 (1997) The Indian Child Welfare Act (ICWA) was enacted by Congress in 1978 to curtail the massive removal (primarily by state agencies and courts) of Indian children from their homes. ICWA was also an attempt to assure that those children, who must be removed, be placed in homes that reflect their unique cultures and traditions. ICWA strives to accomplish; Search Snippet: ...NORTH DAKOTA LAW REVIEW North Dakota Law Review 1997 THE INDIAN CHILD WELFARE ACT: IN SEARCH OF A FEDERAL FORUM TO VINDICATE... 1997 Yes
Kirke Kickingbird Vanishing American-vanishing Justice: Indian Policies on the Eve of the 21st Century 14 Thomas M. Cooley Law Review 437 (Michaelmas Term, 1997) Well, I began teaching law school in 1988. I taught federal Indian law under tribal governments for years through a special program that I had developed with my private, non-profit organization named the Institute for the Development of Indian Law. While teaching, I have found that the material I used to be able to teach tribal governments' leaders; Search Snippet: ...there was considerable, the United States sold to white homesteaders. Indian children were shipped away to boarding schools and separated from the adverse influence of their parents... 1997  
Dr. Cynthia Price Cohen Development of the Rights of the Indigenous Child under International Law 9 Saint Thomas Law Review 231 (Fall 1996) In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young; Search Snippet: ...situations similar to those in the United States in which Indian children were sent to distant boarding schools or adopted by non- Indian families. [FN111] Article 11 addresses the protection of indigenous people... 1996  
Betty Pfefferbaum, Rennard Strickland, Everett R. Rhoades, Rose L. Pfefferbaum Learning How to Heal: an Analysis of the History, Policy, and Framework of Indian Health Care 20 American Indian Law Review 365 (1995-1996) C1-3Table of Contents I. Introduction. 366 II. New Diseases and Minimal Intervention: Pre-Nineteenth Century. 367 III. Government Intervention: Nineteenth Century. 368 IV. Health as a Priority: Early Twentieth Century. 373 V. The Beginnings of Public Health Practices: 1921 to 1954. 376 VI. Official Transfer to the Public Health Service: 1955. 380; Search Snippet: ...seemed to be a reasonable and feasible alternative. Although the boarding school system is often condemned for its role in the civilization of Indians, critics have not offered a satisfactory substitute for this means of educating Indian children. Unfortunately, the assemblage of young individuals fostered local epidemics, a... 1996  
Daniel E. Witte People V. Bennett: Analytic Approaches to Recognizing a Fundamental Parental Right under the Ninth Amendment 1996 Brigham Young University Law Review 183 (1996) C1-3Table of Contents I. INTRODUCTION. 186 II BACKGROUND: THE HISTORICAL EVOLUTION OF UNITED STATES PARENTAL RIGHTS JURISPRUDENCE. 190 A. English and Early American Common Law Pertaining to Parental Rights. 190 B. Analysis of Parental Rights Under the Constitution. 193 C. Emergence of an Alternative Education Subculture. 195 III. PEOPLE V. BENNETT; Search Snippet: ...the detriment of a loving and nurturing family situation . Native Americans have explained how public education was used as a tool in the United States campaign to undermine Native American culture: [T]he fall of each year was pretty similar... 1996  
Christine Metteer Pigs in Heaven: a Parable of Native American Adoption under the Indian Child Welfare Act 28 Arizona State Law Journal 589 (Summer, 1996) For eighteen years the Indian Child Welfare Act (ICWA) has provided protection against the removal of Indian children from their Indian culture. Such protection is afforded not only to Indian children and Indian parents, but also, and of equal importance, to Indian tribes. However, a recent California case, In re Bridget R., has raised questions; Search Snippet: ...IN HEAVEN: A PARABLE OF NATIVE AMERICAN ADOPTION UNDER THE INDIAN CHILD WELFARE ACT Christine Metteer [FNa1] Copyright (c) 1996 by the... 1996 Yes
Anastasia P. Winslow Sacred Standards: Honoring the Establishment Clause in Protecting Native American Sacred Sites 38 Arizona Law Review 1291 (Winter, 1996) L1-2Introduction 1292. M5I. Christian and Native American Religions Compared. 1294 A. On God. 1295 B. On Human Nature. 1297 C. On the Environment. 1297 D. On Time and Space. 1298 E. On Individuality. 1299 F. On Substance Use. 1299 G. On Universal Truths. 1301 II. Traditional Establishment Clause Rules and Their Application to Native American Sacred; Search Snippet: ...with a principal aim being their conversion to Christianity. [FN159] Native American children were removed from their homes, forced to attend church services, and sent to Christian boarding schools supported with federal funds and staffed with teachers supplied... 1996  
Carol Sanger Separating from Children 96 Columbia Law Review 375 (March, 1996) I. Introduction. 376 II. The Social History of Maternal Presence. 388 A. Regulating Separations: An Historical Overview. 389 1. Exposure, Oblation, and Abandonment. 390 2. Wet-Nursing. 395 3. Apprenticeships. 396 B. Inventing the Virtue: The Nineteenth Century. 399 C. The Grand Prerogative Today. 409 III. Reconsidering Separations. 420 A; Search Snippet: ...see Sanger, supra note 172, at 317, secondary schools for Native American children were provided only off reservations, see Margaret Connell Szasz, Federal Boarding Schools and the Indian Child: 19201960, in Growing Up in America: The Child in... 1996  
Robert J. Miller , Maril Hazlett The "Drunken Indian": Myth Distilled into Reality Through Federal Indian Alcohol Policy 28 Arizona State Law Journal 223 (Spring, 1996) [I]f it be the Design of Providence to extirpate these Savages in order to make room for Cultivators of the Earth, it seems not improbable that Rum may be the appointed Means. Benjamin Franklin I. Introduction: Myth of the Drunken Indian Versus the Reality. 225 II. Theories on Indian Alcohol Use. 229 A. Biologic or Genetic Predisposition. 229 B; Search Snippet: ...factors leading to alcohol abuse include lack of education, poverty, Indian child welfare practices, religious persecution, destructive educational practices, and the introduction... 1996  
Christine D. Bakeis The Indian Child Welfare Act of 1978: Violating Personal Rights for the Sake of the Tribe 10 Notre Dame Journal of Law, Ethics & Public Policy 543 (1996) To live under the American Constitution is the greatest political privilege that was ever accorded to the human race. One of the promises of the American Constitution is that states will not enforce any law that abridges a citizen's privileges. The American Constitution also guarantees that states will not deprive any person of life, liberty, or; Search Snippet: ...Public Policy 1996 Symposium on Law and the Family THE INDIAN CHILD WELFARE ACT OF 1978: VIOLATING PERSONAL RIGHTS FOR THE SAKE... 1996 Yes
Alana J. DeGarmo The Indian Child Welfare Act: its Impact on Unknowing Adoptive Parents 17 Journal of Juvenile Law 32 (1996) The Indian Child Welfare Act (hereinafter ICWA or Act) was enacted in 1978, giving members of Native American tribes the right to adopt their members' children before those children can be placed in non-Indian homes. The law was passed in response to a long history of religious groups and well-meaning agencies separating Indian children from; Search Snippet: ...LAW Journal of Juvenile Law 1996 Note and Comment THE INDIAN CHILD WELFARE ACT: ITS IMPACT ON UNKNOWING ADOPTIVE PARENTS Alana J... 1996 Yes
Patrice H. Kunesh Transcending Frontiers: Indian Child Welfare in the United States 16 Boston College Third World Law Journal 17 (Winter, 1996) Let us put our minds together and see what kind of future we can build for our children. These words were spoken by Sitting Bull, a Hunkpapa Lakota leader, following his peoples' victory over the army of the United States at the Battle of Little Big Horn in 1876. In the struggle to protect the Lakota lands against colonial expansion, Sitting Bull; Search Snippet: ...Boston College Third World Law Journal Winter, 1996 TRANSCENDING FRONTIERS: INDIAN CHILD WELFARE IN THE UNITED STATES Patrice H. Kunesh [FNa] Copyright... 1996 Yes
Dean B. Suagee Tribal Voices in Historic Preservation: Sacred Landscapes, Cross-cultural Bridges, and Common Ground 21 Vermont Law Review 145 (Fall, 1996) C1-3TABLE OF CONTENTS Introduction 147 I. Our Stories Matter. 149 A. Our Places in American History. 150 1. Owning Up to the Legacy of Cultural Genocide. 153 2. Celebrating Our Survival and Our Differences. 157 B. The Contemporary Need for Stewardship. 160 1. Our Stories About Nature. 162 2. Values in Conflict over the Use of Land. 163 a. Bighorn; Search Snippet: ...and massacres), the federal government attacked the core values of Indian tribal cultures on several fronts: traditional religious practices were outlawed; children were taken away to boarding schools; and tribal landholdings were confiscated and converted into individual... 1996  
  Young Once, Indian Forever 1 U.C. Davis Journal of Juvenile Law & Policy 16 (Fall, 1996) Several years ago, a young woman with a striking Navajo appearance walked into the offices of the National Indian Justice Center to inquire about her Native American heritage. For purposes of this story, call her Jane. In a soft, deliberate voice, Jane recalled the history of her young life. She had been told that her biological mother was a young; Search Snippet: ...YOUNG ONCE, INDIAN FOREVER Criticism of the Amendments to the Indian Child Welfare Act Copyright © 1996 by Regents of the University of... 1996  
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  
Angela R. Hoeft Coming Full Circle: American Indian Treaty Litigation from an International Human Rights Perspective 14 Law & Inequality: A Journal of Theory and Practice 203 (December, 1995) L1-2Table of Contents Introduction. 204 I. From Sovereignty to Self-Determination. 209 A. The American Story. 209 1. Tribal Sovereignty: A Judicial Doctrine. 209 2. Tribal Self-Determination: A Federal Policy. 215 B. The International Story. 219 1. Self-Determination: From a Right of Nations to a Human Right 219 2. Self-Determination: A Right of; Search Snippet: ...for engaging in traditional religious practices. [FN58] Federal agents removed Indian children from their homes and placed them in boarding schools where they were often forced to adopt Christian religions... 1995  
Nell Jessup Newton Memory and Misrepresentation: Representing Crazy Horse 27 Connecticut Law Review 1003 (Summer 1995) A grievance widely shared by many Indian people in the United States is the commercial appropriation of Indian names, images, stories, religious practices, and patterns. Seth Big Crow has invoked the Rosebud Sioux Tribal legal process to oppose one such practice, the marketing of a malt liquor named after his grandfather, a revered Lakota figure; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation. [FN118] Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... 1995  
Mary Christina Wood Protecting the Attributes of Native Sovereignty: a New Trust Paradigm for Federal Actions Affecting Tribal Lands and Resources 1995 Utah Law Review 109 (1995) I. Introduction. 111 II. Methodology for Establishing Standards of Fiduciary Care in the Indian Trust Context. 113 A. The Beacon of Fiduciary Obligation: The Best Interest Standard. 114 1. Applicability of Private Fiduciary Standards. 114 2. Statutory Standards as Substitutes for Fiduciary Obligations. 117 3. Constitutional Standards. 121 B. The; Search Snippet: ...FN494] During this period, the government directly and brutally suppressed native religious activity on the reservations, [FN495] fueled Christian evangelical efforts in Indian Country, [FN496] and forcibly removed Indian children from their reservations to offreservation boarding schools. [FN497] While these federal efforts to eradicate native religion... 1995  
Rayanne J. Griffin Sacred Site Protection Against a Backdrop of Religious Intolerance 31 Tulsa Law Journal 395 (Winter 1995) No chapter in human history has been so largely written in terms of persecution and intolerance as the one dealing with religious freedom. From ancient times to the present day, the ingenuity of man has known no limits in its ability to forge weapons of oppression for use against those who dare to express or practice unorthodox religious beliefs. ; Search Snippet: ...went as far as to promote the separation of young Indian children from their parents and traditional culture through the federal boarding school system. Id. at 2. . Walter Echo-Hawk, Loopholes... 1995  
Tadd M. Johnson , James Hamilton Self-governance for Indian Tribes: from Paternalism to Empowerment 27 Connecticut Law Review 1251 (Summer 1995) This Article identifies a fundamental shift in the relationship between the federal government and American Indians heralded by the passage of the Tribal Self Governance Act. This law is an evolutionary response to the historic tension between the two main tenets of federal Indian law--Tribal Sovereignty and Federal Trust Responsibility. This; Search Snippet: ...to self-govern. Perhaps the most pernicious attempt at civilizing Indians were the Indian boarding schools. Indian children were expropriated from their homes and families to be educated... 1995  
Debra Dumontier-Pierre The Indian Child Welfare Act of 1978: a Montana Analysis 56 Montana Law Review 505 (Summer 1995) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian families and to give Indian tribes a substantial role in matters concerning custody of Indian children. Through ICWA, Congress declared a national policy to keep Indian children with their families, to defer to tribal jurisdiction in child; Search Snippet: ...591898 MONTANA LAW REVIEW Montana Law Review Summer 1995 THE INDIAN CHILD WELFARE ACT OF 1978: A MONTANA ANALYSIS Debra Dumontier-Pierre Copyright (c) 1995 Montana Law Review; Debra Dumontier-Pierre Indian Children Once Young Forever Indian [FN1] I. INTRODUCTION In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian... 1995 Yes
Richard Monette, James M. Grijalva, P.S. Deloria, Judith V. Royster, Rebecca Tsosie Treating Tribes as States under the Clean Water Act: the Good and the Bad 71 North Dakota Law Review 497 (1995) MR. MONETTE: Good morning. Nice to see you all again. We have a slight change in the panel, as you can see. Let me just first mention that John Harbison has, I understand, taken ill and probably won't be with us today. So he could probably use some of our good thoughts. And Sam Deloria will sit in his place to help respond. Our topic is, as you can; Search Snippet: ...are dealing with Indian Gaming Acts, Indian Civil Rights Acts, Indian Child Welfare Acts, their sovereign spheres are overlapping with the U.S... 1995  
Erik W. Aamot-Snapp When Judicial Flexibility Becomes Abuse of Discretion: Eliminating the "Good Cause" Exception in Indian Child Welfare Act Adoptive Placements 79 Minnesota Law Review 1167 (May, 1995) When the power [to grant an adoption] is used to remove an Indian child from the surrounding most likely to connect that child with his or her cultural heritage, that decision unintentionally continues the gradual genocide of the Indians in America. Congress passed the Indian Child Welfare Act of 1978 (ICWA) to stop the mass removal of Native; Search Snippet: ...BECOMES ABUSE OF DISCRETION: ELIMINATING THE GOOD CAUSE EXCEPTION IN INDIAN CHILD WELFARE ACT ADOPTIVE PLACEMENTS Erik W. Aamot-Snapp Copyright ©... 1995 Yes
Elizabeth Mertz A New Social Constructionism for Sociolegal Studies 28 Law and Society Review 1243 (1994) In this essay I make a case for what I call a moderate and also an empirically grounded social constructionist approach, which I conceptualize as a further development of numerous strands of a longstanding and rich tradition. I argue that this approach, one I see as emergent now in cross-disciplinary work like that presented in this Symposium,; Search Snippet: ...had unintended effects. Thus when the government encouraged off-reservation boarding schools for Indian children, a move designed to hasten assimilation, an unexpected by-product... 1994  
Nell Jessup Newton Compensation, Reparations, & Restitution: Indian Property Claims in the United States 28 Georgia Law Review 453 (Winter 1994) Calls for restitution in Eastern Europe present legal scholars in the United States with an opportunity to reexamine the legal and moral justifications for laws of property distribution in general and laws permitting confiscation and mandating restitution in particular. Western legal and constitutional theory accepts that government may take; Search Snippet: ...Captain Pratt was the founder and superintendent of the Carlisle Indian School, a boarding school for Indian children. Id. at 260. . II Prucha, supra note , at 631... 1994  
The Honorable Robert Yazzie Life Comes from It: Navajo Justice Concepts 24 New Mexico Law Review 175 (Spring, 1994) Navajo justice is unique, because it is the product of the experience of the Navajo People. Prior to contact with European cultures, Navajos developed their ways of approaching life through many centuries of dealing with obstacles to their survival. Likewise, Navajo concepts of justice are a product of the experience we have gained from dealing; Search Snippet: ...European thought. I am a product of a Bureau of Indian Affairs (BIA) boarding school education which was so destructive of the Navajo culture... 1994  
Carole Goldberg-Ambrose Of Native Americans and Tribal Members: the Impact of Law on Indian Group Life 28 Law and Society Review 1123 (1994) Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The most striking effect of law has been to focus the; Search Snippet: ...regulation (Clean Air Act), gaming (Indian Gaming Regulatory Act), and Indian child welfare ( Indian Child Welfare Act). But these supportive actions have occurred within carefully... 1994  
Rebecca Tsosie Separate Sovereigns, Civil Rights, and the Sacred Text: the Legacy of Justice Thurgood Marshall's Indian Law Jurisprudence 26 Arizona State Law Journal 495 (Summer, 1994) When Justice Thurgood Marshall stepped down from the Supreme Court, many people mourned the loss of his vision of equality, civil rights, and justice. Marshall's vision lives on in his opinions, however, providing a legacy for future courts grappling with difficult issues such as sovereignty, civil rights, federalism, and individual liberty; Search Snippet: ...as citizenship for other Americans. Even after the 1924 Act, Indians were considered to be wards of the federal government, and the government, through its plenary power over Indians, could take their property rights, limit their rights to religious freedom, and forcibly remove their children to boarding schools, all for their own good. [FN191] Although the overt... 1994  
Catherine M. Brooks The Indian Child Welfare Act in Nebraska: Fifteen Years, a Foundation for the Future 27 Creighton Law Review 661 (1993-1994) This is not a cheerful book, but history has a way of intruding upon the present, and perhaps those who read it will have a clearer understanding of what the American Indian is, by knowing what he was. They may be surprised to hear words of gentle reasonableness coming from the mouths of Indians stereotyped in the American myth as ruthless savages; Search Snippet: ...532435 CREIGHTON LAW REVIEW Creighton Law Review 1993-1994 THE INDIAN CHILD WELFARE ACT IN NEBRASKA: FIFTEEN YEARS, A FOUNDATION FOR THE... 1994 Yes
Michael J. Simpson Accommodating Indian Religions: the Proposed 1993 Amendment to the American Indian Religious Freedom Act 54 Montana Law Review 19 (Winter, 1993) In two cases decided in 1988 and 1990, Lyng v. Northwest Indian Cemetery Protective Ass'n and Employment Division of Oregon v. Smith, the United States Supreme Court severely restricted the protective scope of the free exercise clause of the First Amendment to the United States Constitution. In Lyng and Smith, the Court overruled more than; Search Snippet: ...penalties are provided. [FN50] Additionally, in an effort to destroy Indian culture, the federal government took Indian children from their parents and sent them far away to boarding schools for as long as eight years, during which time... 1993  
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  
Ivy N. Voss In the Best Interest: the Adoption of F.h., an Indian Child 8 BYU Journal of Public Law 151 (January, 1993) The competing interests of biological parents, adoptive parents, extended family, child welfare agencies, and the children themselves make adoption difficult under any circumstances. Even when all parties enter into the adoption intending to provide a secure home for the child there may be genuline, conflicting values and disagreement as to what; Search Snippet: ...Comments IN THE BEST INTEREST: THE ADOPTION OF F.H., AN INDIAN CHILD Ivy N. Voss Copyright (c) 1993 by the Brigham Young... 1993  
Alison McKinney Brown Native American Education: a System in Need of Reform 2-SPG Kansas Journal of Law & Public Policy 105 (Spring, 1993) The high school dropout rate for American Indians--estimated nationally at 45% to 50% but as high as 85% in the most depressed areas--is the worst such record of any major ethnicminority group. College-bound American Indian students continue to score significantly lower than average on both the math and verbal portions of the Scholastic Aptitude; Search Snippet: ...high school. [FN3] These statistics show that for many American Indian children, traditional educational methods are less effective than they are for... 1993  
Isabella Timmermans Native American Self-determination as Affected by Educational Funding and its Sources 29 Idaho Law Review 185 (1992/1993) I. INTRODUCTION II. PROBLEMS LEADING TO THE EMERGENCE OF THE IDEAL OF SELF-DETERMINATION AS FEDERAL POLICY A. The Existence of Federal Trust Obligations to Educate Native Americans B. Examples of Federal Doctrines and Policies and Their Impact on Native American Life 1. Negative Policies and Impacts a. Termination Act b. General Allotment Act c; Search Snippet: ...rise to a legally enforceable federal obligation to assure that Indian children are provided an equal educational opportunity by either the state... 1993  
Robert N. Clinton Redressing the Legacy of Conquest: a Vision Quest for a Decolonized Federal Indian Law 46 Arkansas Law Review 77 (1993) [T]o most twentieth century Americans, the legacy of slavery was serious business, the legacy of conquest was not. Patricia Limerick As the nation celebrates the quintcentenary of the Columbus invasion of America, reconsideration is in order of the role law played in the Indian Holocaust that followed. From the time of first contact between the; Search Snippet: ...Similarly, during this period, the BIA set up the infamous boarding schools designed to remove Indian children from what bureaucrats saw as the corrupting tribal influences of the reservation. At these boarding schools, Indian children were forbidden to speak their tribal languages, to wear traditional... 1993  
Kim Laree Schnuelle When the Bough Breaks: Federal and Washington State Indian Child Welfare Law and its Application 17 University of Puget Sound Law Review 101 (Fall, 1993) Stealing our future as a people is one of the greatest crimes the white man has ever devised. He justifies it with the fact that the Indian is a pagan, a believer in the preservation of nature, a non-user of mineral resources, a non-destroyer of the land and a family man . the white man has used progress as an excuse to conquer and own all,; Search Snippet: ...Fall, 1993 WHEN THE BOUGH BREAKS: FEDERAL AND WASHINGTON STATE INDIAN CHILD WELFARE LAW AND ITS APPLICATION Kim Laree Schnuelle [FNa] Copyright... 1993 Yes
Carol Schmid Language Rights and the Legal Status of English-only Laws in the Public and Private Sector 20 North Carolina Central Law Journal 65 (1992) The recent English-only movement has produced state resolutions, statutes, and constitutional amendments establishing English as the official language. English-only rules are intended to eliminate governmental services in languages other than English. In the workplace, English-only rules require employees to refrain from speaking languages other; Search Snippet: ...English. Beginning in the 1870s, the U.S. government began forcing Indian children into boarding schools and punishing them for using their own dialects. [FN21... 1992  
Lynn Klicker Uthe The Best Interests of Indian Children in Minnesota 17 American Indian Law Review 237 (1992) The above statement by Chief Jake Swamp describes concerns that are particular to indigenous peoples such as native Americans (Indians). Although many laws still do not adequately address their concerns, some United States legislation protects and preserves Indian cultures. One such legislative measure is the Indian Child Welfare Act of 1978; Search Snippet: ...American Indian Law Review 1992 Note THE BEST INTERESTS OF INDIAN CHILDREN IN MINNESOTA Lynn Klicker Uthe [FNa1] Copyright (c) 1992 by... 1992  
John Robert Renner The Indian Child Welfare Act and Equal Protection Limitations on the Federal Power over Indian Affairs 17 American Indian Law Review 129 (1992) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to congressional committee findings that state courts were removing an unwarranted proportion of Indian children from their families and placing the children in non-Indian environments. The ICWA attempts to remedy the problem by creating exclusive tribal jurisdiction over all; Search Snippet: ...INDIAN LAW REVIEW American Indian Law Review 1992 Comments THE INDIAN CHILD WELFARE ACT AND EQUAL PROTECTION LIMITATIONS ON THE FEDERAL POWER... 1992 Yes
John E. Silverman The Miner's Canary: Tribal Control of American Indian Education and the First Amendment 19 Fordham Urban Law Journal 1019 (Summer, 1992) Since the arrival of Columbus 500 years ago, Native Americans have endured massacres and intolerance, racism and rapacity, altruism and benign neglect. Federal policy originally favored the repression of Indian religious practices because religion was an indivisible part of the native cultures that the American government sought to stamp out; Search Snippet: ...Native Americans. Part III examines the paramount tribal interest in Indian children and the attendant First Amendment issues which lie at the... 1992  
Kevin J. Worthen Sword or Shield: the past and Future Impact of Western Legal Thought on American Indian Sovereignty 104 Harvard Law Review 1372 (April, 1991) [American Indian tribes'] rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle that discovery gave exclusive title to those who made it. Chief Justice Marshall's explanation of the; Search Snippet: ...Indian religious practices and traditional forms of government, separation of Indian children from their homes, wholesale spoilation of treaty-guaranteed resources, forced... 1991  
Charles F. Wilkinson To Feel the Summer in the Spring: the Treaty Fishing Rights of the Wisconsin Chippewa 1991 Wisconsin Law Review 375 (1991) In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a; Search Snippet: ...Nebraska; peyote in Utah and New Mexico; custody of young Indian children in Montana and Illinois; land title in Maine and New... 1991  
Sharon O'Brien Tribes and Indians: with Whom Does the United States Maintain a Relationship? 66 Notre Dame Law Review 1461 (1991) Federal Indian itself law is a mythical creature because it is composed of badly written, vaguely phrased and ill-considered federal statutes; hundreds of self-serving Solicitor's Opinions and regulations; and state, federal, and Supreme Court decisions which bear little relationship to rational thought and contain a fictional view of American; Search Snippet: ...of seven (now fourteen) major crimes on reservations. Congress established Indian boarding schools designed to kill the Indian . . . and save the man. [FN17] The Bureau of Indian Affairs... 1991  
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20