Shanta Trivedi MY FAMILY BELONGS TO ME: A CHILD'S CONSTITUTIONAL RIGHT TO FAMILY INTEGRITY 56 Harvard Civil Rights-Civil Liberties Law Review 267 (Summer, 2021) Every day in the United States, the government separates children from their parents based on their parents' immigration status, incarceration, or involvement in the child welfare system--and the children have no say in the matter. The majority of these families are racial minorities and economically underprivileged. Under current law, children's... 2021
Beth A. Lauck , Courtney L.A. Roelandts NEW MINOR GUARDIANSHIP LAW: CHANGING CHILDREN'S LIVES 94-JAN Wisconsin Lawyer 16 (January, 2021) A law enacted in February 2020 moves private minor guardianships of the person from Wis. Stat. chapter 54 to Wis. Stat. chapter 48 [the Children's Code], specifically Wis. Stat. section 48.9795, and expands the types of private minor guardianships available to better meet the needs of children and families. Chapter 54 either does not address or had... 2021
Angelique EagleWoman , (Wambdi A. Was'teWinyan) PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION 47 Mitchell Hamline Law Review 640 (April, 2021) I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... 2021
Adam Crepelle PROTECTING THE CHILDREN OF INDIAN COUNTRY: A CALL TO EXPAND TRIBAL COURT JURISDICTION AND DEVOTE MORE FUNDING TO INDIAN CHILD SAFETY 27 Cardozo Journal of Equal Rights & Social Justice 225 (Spring, 2021) C1-2Table of Contents I. Introduction. 226 II. Child Abuse Data and Its Effects. 229 III. Explaining the High Rates of Child Maltreatment in Indian Country. 232 A. Jurisdictional Confusion. 232 B. Lack of Law Enforcement Resources. 238 C. Lack of Access to Criminal Databases. 241 D. Inadequate Healthcare and Social Services. 244 E. Socioeconomics.... 2021
Joy Barber RACE TO JURISDICTION: FORUM DETERMINATION IN DV-RELATED CHILD CUSTODY ACTIONS WHEN SURVIVORS FLEE ACROSS RESERVATION LINES 82 Montana Law Review 259 (Summer, 2021) You are a state district court judge in a small town just outside an Indian reservation. Before you is a dissolution petition with a parenting plan brought by the mother of two children. All three are tribal members. The family has primarily lived on the reservation for the previous four years. However, after being severely beaten by her non-Indian... 2021
Larry R. Daves RECONCILING OUR PAST 50-OCT Colorado Lawyer 6 (October, 2021) On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... 2021
Philip Lee REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS 70 Emory Law Journal 1475 (2021) Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... 2021
Elizabeth Ann Kronk Warner RENEWABLE ENERGY DEPENDS ON TRIBAL SOVEREIGNTY 69 University of Kansas Law Review 809 (June, 2021) Ten years ago, I wrote an article examining the development of renewable energy projects in Indian country. Over the past ten years, many things related to renewable energy development in Indian country have changed, but some things remain unchanged. With the advantage of hindsight, it is now easier to glean trends from projects that have been... 2021
Stephanie Hall Barclay , Michalyn Steele RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES 134 Harvard Law Review 1294 (February, 2021) Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... 2021
Malinda L. Seymore SPECIALTY BAR ASSOCIATIONS AND THE MARKETING OF ETHICS: THE EXAMPLE OF THE ACADEMY OF ADOPTION ATTORNEYS 35 Notre Dame Journal of Law, Ethics & Public Policy 49 (2021) In a world of lawyer jokes, memes of sleazy lawyers, and the ubiquity of bad lawyers in television shows and movies, lawyers have reason to push back against negative public perceptions of lawyers' ethics. This article examines the role of specialty bar associations, by using the example of the Academy of Adoption Attorneys, in marketing ethics to... 2021
Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University STORYTELLING AND THE HIGH COUNTRY: READING LYNG v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION (1988) 36 Journal of Law and Religion 181 (August, 2021) In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that [i]t is... 2021
Rachel M. Patterson THE CHILD WELFARE HYPER SURVEILLANCE STATE: REIMAGINING SUPPORTING PARENTS WITH MENTAL ILLNESSES IN 1028 HEARINGS 48 Fordham Urban Law Journal 545 (February, 2021) Introduction. 546 I. Article 10 Cases from Report to Resolution. 551 A. An Introduction to Article 10 Cases. 551 i. Article 10 Cases. 552 ii. Start of an Article 10 Case. 553 B. Trials and 1028 Hearings. 557 II. The Americans with Disabilities Act and the Adoption and Safe Families Act. 559 A. The ADA Generally. 560 B. The ADA Applied to the Child... 2021
Emily Hudson THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT 47 Ohio Northern University Law Review 359 (2021) The Indian Child Welfare Act (ICWA) was passed in 1978 as a response to the disproportionate removal of Indian children from their homes compared to non-Indian children. It was found that this was disproportionality in part because judges and child welfare workers did not understand Indian culture-which led to prejudicial attitudes and the higher... 2021
Vivien Olsen THE INDIAN CHILD WELFARE ACT: HISTORY, REFLECTIONS, AND BEST PRACTICES 90-OCT Journal of the Kansas Bar Association 40 (September/October, 2021) The Indian Child Welfare Act (ICWA or the Act), found at 25 U.S.C. § 1901 et seq., is not discretionary. Kansas law requires the ICWA be applied in child welfare cases that involve an Indian child. K.S.A. 38-2203(a) provides: Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those... 2021
Katherine Farrell Ginsbach THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS 24 Quinnipiac Health Law Journal 237 (2021) C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... 2021
Elizabeth A. Reese THE OTHER AMERICAN LAW 73 Stanford Law Review 555 (March, 2021) American legal scholarship focuses almost exclusively on federal, state, and local law. However, there are 574 federally recognized tribal governments within the United States, whose laws are largely ignored. This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of American law... 2021
Ian F. Tapu THE REASONABLE INDIGENOUS YOUTH STANDARD 56 Gonzaga Law Review 529 (2020/2021) C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 2021
Dylan Hartsook THE SUPREME COURT OF WASHINGTON'S BROAD INTERPRETATION OF THE "REASON TO KNOW" STANDARD IN IN RE DEPENDENCY OF Z.J.G. AND WHY A UNIFORM, BROAD INTERPRETATION OF THE STANDARD WILL LEAD TO BETTER OUTCOMES 45 American Indian Law Review 387 (2021) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to remedy the widespread and disparate removal of Indian Children from their unique cultures. Around the time ICWA was enacted, a survey of sixteen states showed approximately 85 percent of all Indian children in foster care were living in non-Indian homes. ICWA provides standards for... 2021
Charlotte Baughman, Tehra Coles, Jennifer Feinberg, Hope Newton THE SURVEILLANCE TENTACLES OF THE CHILD WELFARE SYSTEM 11 Columbia Journal of Race and Law 501 (July, 2021) The family regulation system identifies families through the use of widespread, cross-system surveillance for the purported purpose of keeping children safe. But the system does not surveil all families equally, leading to the disproportionate impact of family regulation on Black, Brown, and Native families, and fails to protect while causing more... 2021
Barbara A. Atwood THIRD-PARTY CUSTODY, PARENTAL LIBERTY, AND CHILDREN'S INTERESTS 43-SPG Family Advocate 48 (Spring, 2021) Two decades after Troxel v. Granville, 530 U.S. 57 (2000), the law governing third-party or nonparent contact with children is still in flux. This article explores current third-party custody law, including the evolving standards in the courts, illustrative statutory frameworks, and potential legal issues that can arise in nonparent custody... 2021
Lori Bable TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY 18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... 2021
David R. Katner TRUMP'S POLICY OF PUTTING KIDS IN CAGES: SIX DEAD, THOUSANDS SEPARATED FROM PARENTS, MAKING AMERICA GREAT AGAIN? 28 Virginia Journal of Social Policy and the Law 87 (Spring, 2021) Introduction. 88 I. Conditions of Children's Detentions at the U.S. Border. 96 II. The Traumatic Impact of Separating Children from Parents and Locking them Up. 105 A. The Complications and Manipulations of Conditions of Poverty. 110 B. Need for Therapeutic Interventions for Children and Adolescents Separated from Parents by the Trump... 2021
Lauren E. Schneider TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) 52 Loyola University Chicago Law Journal 1099 (Summer, 2021) The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... 2021
Laura Briggs TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT 11 Columbia Journal of Race and Law 611 (July, 2021) This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... 2021
Lauren van Schilfgaarde , Brett Lee Shelton USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE 11 Columbia Journal of Race and Law 681 (July, 2021) Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... 2021
Catherine S. Connell , Leslie A. Hagen , Stephanie C. Knapp , Unit Chief, Child Victim Services Unit, FBI Victim Services Division, National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys, Supe WORKING TOGETHER: BUILDING AND SUSTAINING A MULTIJURISDICTIONAL RESPONSE TO MISSING OR MURDERED INDIGENOUS CHILDREN AND ADOLESCENTS 69 Department of Justice Journal of Federal Law and Practice 5 (March, 2021) Sadly, children, all too frequently, go missing in communities across the country, including tribal communities. A prompt, comprehensive response to these cases is critical to recovering the children and prosecuting cases if a child fell victim to a crime. Our fundamental understanding and knowledge of investigating missing person cases and the... 2021
Kristen Carpenter, Alexey Tsykarev (Indigenous) Language as a Human Right 24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020) The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...among these assimilation efforts was the creation of federally funded boarding schools that would teach Indian children the lessons of Christianity and civilization in order to Kill the Indian in him and save the man. [FN96] The model for accomplishing these goals was to assimilate Indians into the general population by taking them away from their parents and placing them in boarding schools where they would learn English. [FN97] As the 2020
Jordan Ramharter A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty 72 Maine Law Review 379 (2020) I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...and responsibility to the Indian people for the education of Indian children and for the operation and financial support of the Bureau... 2020
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
Genevieve Frances Steel Constructing the Trident of the Reasonable Person: Enough Is Enough! It's Time for the Reasonable Indian Standard 12 Elon Law Review 62 (2020) I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable; Search Snippet: ...One of the prominent causes of Historical Trauma for American Indians occurred through boarding school trauma. [FN78] Studies reveal that abuse from boarding school traces back through generations of Indians and is manifested in addiction, cycles of incest, anger, rage, depression, and hopelessness found in American Indians today. [FN79] During the Assimilation period, [FN80] which is a period in Indian history under the umbrella of 2020
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