The Law of American Indians Posts
This episode of Reasonably Speaking passes the microphone to American Indian Law experts Matthew Fletcher and Wenona Singel for a serious look at tribal sovereignty, voting rights, violence against native women, and much more.
Appeals court hears Texas case challenging Indian Child Welfare Act; Judge says ‘They are not your children … they are the children of the tribes’Pauly Denetclaw
A total of 325 tribal nations, 57 Native organizations, 21 states, 31 child welfare organizations, 7 members of Congress, and dozens of scholars of federal Indian law and constitutional law supported the law.
Examinations of the Native American experience in the US criminal justice system are still relatively sparse, despite earlier calls for increased attention to Native American crime and justice issues. This is unfortunate, as Native Americans are unique among all groups in US society and face distinctive criminal justice jurisdictional complexities.
A defending argument for the Indian Child Welfare Act was released last week with widespread support from 325 tribes, 57 organizations, 31 child welfare organizations and seven members of Congress.
On Tuesday, the Supreme Court heard argument in its latest foray into Indian treaty interpretation, Herrera v. Wyoming. The case concerns the persistence of the Crow Tribe’s hunting right in the 1868 Second Treaty of Fort Laramie. In an occasionally meandering argument, the Supreme Court repeatedly circled the three issues at the core of the case: issue preclusion, the implications of the court’s holding in its 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians, and the meaning of the treaty term “unoccupied.”
During its meeting in New York City on October 18 and 19, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
A group of about 20 law students and Boulder area residents are being led to North Dakota over the next several days by the University of Colorado American Indian Law Clinic to ensure the votes of tribal reservation members are counted in Tuesday’s election.
The Indian Child Welfare Act was dealt a substantial blow on Friday, when a U.S. Federal Judge in the Northern District of Texas ruled the landmark legislation unconstitutional. According to the law, when a Native child is up for adoption, family members, other tribal members, and then other Native homes are to be prioritized for placement. Ample research shows that all children, Native and non-Native alike, have better outcomes when they are raised with family, extended family or in their community over state child welfare systems and foster homes. National child advocacy organizations have praised the act as a gold standard for child welfare. The act is often referred to by its acronym, ICWA.
Native American Youth: Involvement in Justice Systems and Information on Grants to Help Address Juvenile DelinquencyLauren Klosinski
Federal reports on Native American youth found challenges—such as poverty and exposure to violence—that can make them susceptible to being arrested, charged, or sentenced in the justice system.
On September 4, the Arizona Supreme Court heard oral arguments in Hopi Tribe v. Arizona Snowbowl Resort, et al., the Hopi Tribe’s public nuisance claim against Arizona Snowbowl’s snow making practices.