Texas Judge Rules Indian Child Welfare Act as Unconstitutional
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.
Use of Incriminating Disclosures in Connection with Transfer Proceedings
This week, project participants for ALI’s Children and the Law Restatement gather in Philadelphia to discuss Preliminary Draft No. 5, which includes three Sections from Part III. Children in the Justice System:
The Path of Education Reform: Law, Politics, and Public Policy
The panel discussion “The Path of Education Reform: Law, Politics, and Public Policy” was held at ALI’s 2018 Annual Meeting. The discussion addressed topics surrounding education reform, including race, language, economic means, charter and private schools, and more.
Californians Will Finally Get Access to Records About Police Misconduct
For decades, California has kept police misconduct records exempt from public records requests, denying citizens (and even prosecutors and defense attorneys in court cases) easy access to information about law enforcement behavior.
Native American Youth: Involvement in Justice Systems and Information on Grants to Help Address Juvenile Delinquency
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.
Decarceration Strategies: How 5 States Achieved Substantial Prison Population Reductions
This report examines the experience of five states – Connecticut, Michigan, Mississippi, Rhode Island, and South Carolina – that have achieved prison population reductions of 14-25%. This produced a cumulative total of 23,646 fewer people in prison with no adverse effects on public safety.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.