American Indian Children And The Law Paperback
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American Indian Children And The Law Paperback
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Author : Kathryn Fort
language : en
Publisher:
Release Date : 2019
American Indian Children And The Law Paperback written by Kathryn Fort and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
This 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.
American Indian Children And The Law
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Author : Kathryn E. Fort
language : en
Publisher:
Release Date : 2019-06-26
American Indian Children And The Law written by Kathryn E. Fort and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with categories.
The Indian Child Welfare Act Handbook
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Author : Billy Joe Jones
language : en
Publisher: American Bar Association
Release Date : 2008
The Indian Child Welfare Act Handbook written by Billy Joe Jones and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Previous edition, 1st, published in 1995.
Children Tribes And States
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Author : Barbara Ann Atwood
language : en
Publisher:
Release Date : 2010
Children Tribes And States written by Barbara Ann Atwood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Family & Relationships categories.
Children, Tribes, and States offers a multi-layered critique of Indian child welfare law. The Indian Child Welfare Act of 1978 (ICWA) provides the governing law and reflects the prevailing federal policy. Three decades after its enactment, the law remains controversial. On one hand, Atwood agrees that many state courts still resist ICWA's jurisdictional provisions because of distrust of tribes and tribal courts. These jurisdictional battles not only deter the courts from addressing the merits of the children's cases but also prolong the children's stay in temporary care. On the other hand, she argues that when a state court decides the placement of an Indian child, it must take into account the child's individual needs. The book explores alternative placements that may conform to the culture of a child's tribe, such as customary adoption and kinship guardianships. Atwood proposes reforms that aim to protect the children's well-being while fitting with contemporary understandings of tribal sovereignty and the promotion of cultural identity. "Atwood's book is a well-written and concise overview of adoption and custody issues involving American Indian and Alaska Native children, and its footnotes are an excellent starting point for further research. Children, Tribes, and States would be an asset to any library. . . ." Law Library Journal "Children, Tribes, and States is a thoroughly researched and extremely thoughtful examination of the potentially conflicting roles of states and Indian tribes when it comes to the placement of Indian children. Although the issues involve complicated jusidictional and sovereignty claims, Professor Atwood makes the voice and identity of the child central to the book. The result is a fascinating account of how to promote the interests of Indian children." Professor Naomi Cahn, John Theodore Fey Research Professor of Law, George Washington University Law School, co-author of Contemporary Family Law "Resolving Indian child custody disputes is not a science. It's a process. Factors to consider in that process include the best interests of the child, the parents, and the child's tribe, as well as relevant statutes, policies, tribal traditions, and court decisions. Professor Atwood's book reviews all of these potential factors. While I may not agree with some of her conclusions, this book is exceptional, provocative, and thoughtful and it will make the process easier and far more informed." Stephen L. Pevar, author of The Rights of Indians and Tribes "Children, Tribes, and States: Adoption Conflicts over American Indian Children is a 'must-read' family law scholars seeking an in-depth discussion of the laws effecting and affecting American Indian children." Law & Politics Book Review "...she provides practical examples of how overarching Indian law issues can factor into the day-to-day caseload of family law practitioners--issues that are implicated by something as basic as the identity of the children involved. At first glance, Indian law issues can appear rather remote, with limited applicability to the numerous family law attorneys who do not specialize in this area. However, Atwood notes a number of factors that have lead to an increased need for understanding of the intersection of tribal, state, and federal law." The Colorado Lawyer
American Indian Law
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Author : Robert T. Anderson
language : en
Publisher: West Academic Publishing
Release Date : 2019-12-24
American Indian Law written by Robert T. Anderson and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-24 with categories.
This casebook provides an introduction to the legal relationships between American Indian tribes, their citizens, the federal government, individual states, and others. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to structure the classroom experience and enhance student engagement. History is critical to understanding American Indian law as it now exists and it is covered and explained to highlight how it shapes current law. The fourth edition includes expanded materials on law and order within Indian country, the Indian Child Welfare Act, water rights, Hawaii, and Alaska as well as recent Executive Branch actions that increase tribal authority. The authors update the book with a supplement after the end of the Supreme Court's term every summer.
American Indian Law In A Nutshell
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Author : William C. Canby
language : en
Publisher:
Release Date : 2015
American Indian Law In A Nutshell written by William C. Canby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Electronic books categories.
This guide provides a reliable resource on American Indian law. Its authoritative text covers the essentials of this complex body of law, with attention to the governmental policies underlying it. The work emphasizes both the historical development of Federal Indian Law and recent matters such as the evolution of Indian gaming, issues arising under the Indian Child Welfare Act, and the present enforcement of treaty rights. It addresses the policy and law applicable to Alaska Natives, but does not deal with Native Hawai'ians.
Introduction To Tribal Legal Studies
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Author : Justin B. Richland
language : en
Publisher: Rowman & Littlefield
Release Date : 2015-12-17
Introduction To Tribal Legal Studies written by Justin B. Richland and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-17 with Social Science categories.
In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law.
Indian Family Law And Child Welfare
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Author : National American Indian Court Judges Association
language : en
Publisher: Albuquerque, N.M. : The Center
Release Date : 1982
Indian Family Law And Child Welfare written by National American Indian Court Judges Association and has been published by Albuquerque, N.M. : The Center this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Child Welfare categories.
The Native American Story Book Volume Five Stories Of The American Indians For Children
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Author : G.W. Mullins
language : en
Publisher: Light Of The Moon Publishing
Release Date : 2018-02-06
The Native American Story Book Volume Five Stories Of The American Indians For Children written by G.W. Mullins and has been published by Light Of The Moon Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Juvenile Fiction categories.
Native Americans did not write down or record their history, so we have to find out about their past in other ways. They used games, myths, dance, and impersonation to teach the children of their history and ways of life. Their storytelling was filled with family, heritage and stories of the earth. It is through storytelling, that the rich history of the Native American tribes is alive and well today. It has been shared and preserved and still pays tribute to fallen heroes of the past. It is through these glimpses into the past, and these stories much like the ones that are contained in this book, that you can see what a proud heritage they possess and how in tune with the Earth Native Americans really are. Included in this collection are: The Story of the Land of Northern Lights, The Legend of the Bear Family, The Origin of Summer and Winter, The Story of the Buffalo-painted Lodges, The Story of the Camp of the Ghosts, Creation of the First Indians, The Story of the Little Burnt Face, Origin of the Sweat Lodge, Rabbit and the Moon Man, Ghost of the White Deer, Unktomi and the Arrowheads, The Story of the First Pine Trees, Raven and His Grandmother, The Story of the Snow Man, The Origin of Medicine, and many more.
Introduction To Tribal Legal Studies
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Author : Justin Blake Richland
language : en
Publisher: Rowman & Littlefield
Release Date : 2010
Introduction To Tribal Legal Studies written by Justin Blake Richland and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.