This Article outlines the ways in which the modern tribal child welfare system has been structured to compartmentalize families and perpetuate historical federal policies of Indian family separation. This Article then suggests that circle processes are a framework for re-Indigenizing the tribal child welfare system to not just improve outcomes, but to also honor the interconnected, responsibility oriented worldview of Indigenous communities.
A debate taking place throughout the United States in school board meetings, state legislatures, and the public square—is the simple question of what happens, from a legal perspective, when a parent drops their child off at a public school. This Article proposes a framework whereby in loco parentis and the constitutional rights of students and parents can coexist at public schools
This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing on jurisdictional issues related to the Indian Child Welfare Act.
This Article suggests that, in the domain of tort law, The American Law Institute has had important successes when proceeding in the manner of an appellate court, and has courted trouble when operating in the other modes.
The United States Supreme Court case Cedar Point Nursery v. Hassid has sparked intense criticism, with critics arguing that the decision threatens to transform the law of property rights so as to “hobble” government land use regulation and even undermine democracy. This Article explains why the objections of Cedar Point’s detractors are misplaced and that it is best understood as another step in the normalization of property rights.
This paper addresses situations in which a state court may have legitimate reasons to resist applying sister-state methodology to a sister-state statute and considers the potential role of the federal courts in modeling and encouraging compliance with the general duty to apply sister-state methodology.