American Indian Children and the Law
Author: Kathryn E. Fort
Publisher:
Published: 2019-06-26
Total Pages: 672
ISBN-13: 9781611637953
DOWNLOAD EBOOKRead and Download eBook Full
Author: Kathryn E. Fort
Publisher:
Published: 2019-06-26
Total Pages: 672
ISBN-13: 9781611637953
DOWNLOAD EBOOKAuthor: Kathryn Fort
Publisher:
Published: 2019
Total Pages: 0
ISBN-13: 9781531028268
DOWNLOAD EBOOKThis is the 2023 paperback printing of the casebook published in 2019. To see the hardcover version, please click here. There are more than 500 American Indian tribes in the United States, and the health and welfare of American Indian children is the primary focus of those tribal nations. Federal and state law and policies are deeply entwined with the lives of American Indian families and have been since treaty times. The disruption to American Indian families by state and federal governments families was, and is, epidemic. These disruptions included attempts to destroy traditional child-rearing practices, tribal judicial systems, and tribal political systems. The federal government's mass removal of Indian children from their families to boarding schools resulted in the deaths and abuse of children, as well as the destruction of Native languages, culture, and religion. When state governments stepped in, the state child welfare systems became tools of mass removal of Native children from their families. In an attempt to address some of those abuses and in response to considerable organizing and pressure of American Indian activists, Congress passed the Indian Child Welfare Act (ICWA) in 1978. ICWA applies to all American Indian children subject to state child welfare cases, no matter where the child is located. Today there are, on average, 300 appealed cases on the basis of ICWA in state courts annually. Educating jurists, prosecutors, family attorneys, and legal guardian ad litems on ICWA, tribal jurisdiction, and tribal family law is one of the largest child welfare projects for states, tribes, and non-profit organizations across the country. Teaching lawyers ICWA, and the innovative practices of tribal family law, is vital to the health and welfare of American Indian children everywhere. Law schools have the unique opportunity to reach those lawyers when they are students. With this casebook, they can. Currently, there is no casebook in the field of American Indian child welfare despite steadily increasing attention to the subject. American Indian Children and the Law describes the current state of the law and teaches the cultural, historical, and current legal theories behind it through cases and other primary source materials. The book can be used by both federal Indian law professors to teach the Indian Child Welfare Act and by family law practitioners to teach Indian law and child welfare law. The book also provides in-depth explanation for the federal constitutional basis of ICWA and American Indian child welfare law in general, as well as issues of juvenile justice as it applies to American Indian children, including why those children are the only ones who regularly find themselves in federal prisons. Additionally, the text includes family tribal court decisions, with appropriate context, and contrasts them to U.S. family law decisions.
Author: Billy Joe Jones
Publisher: American Bar Association
Published: 2008
Total Pages: 372
ISBN-13: 9781590318584
DOWNLOAD EBOOKPrevious edition, 1st, published in 1995.
Author: National American Indian Court Judges Association
Publisher: Albuquerque, N.M. : The Center
Published: 1982
Total Pages: 326
ISBN-13:
DOWNLOAD EBOOKAuthor: Felix S. Cohen
Publisher:
Published: 1971
Total Pages: 662
ISBN-13:
DOWNLOAD EBOOKAuthor:
Publisher:
Published: 1998
Total Pages: 46
ISBN-13:
DOWNLOAD EBOOKAuthor: David Eugene Wilkins
Publisher: University of Oklahoma Press
Published: 2001
Total Pages: 340
ISBN-13: 9780806133959
DOWNLOAD EBOOKIn the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.
Author: Monroe E. Price
Publisher: Indianapolis : Bobbs-Merrill
Published: 1973
Total Pages: 850
ISBN-13:
DOWNLOAD EBOOKAuthor: Lucy Alf Younes
Publisher:
Published: 1986
Total Pages: 104
ISBN-13:
DOWNLOAD EBOOKAuthor: Marion E. Baurley
Publisher:
Published: 1981
Total Pages: 64
ISBN-13:
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