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The Indian Child Welfare Act’s Application to Civil Commitments of Indian Children in State Court Proceeding

Courtney Lewis | January 26, 2021 | American Indian Law

Courtney Lewis, an assistant public defender at the Alaska Public Defender Agency has published “The Indian Child Welfare Act’s Application to Civil Commitments of Indian Children in State Court Proceeding” (American Indian Law Journal). The...

UVA Law Professor Sees Possible Threat to Native American Protections

Eric Williamson | November 18, 2020 | American Indian Law

A federal adoption law mandating that Native American children should be kept with Indian families whenever possible is under challenge by a white couple in Texas. They argue in Brackeen v. Bernhardt, a decision currently with the Fifth U.S. Circuit Court of Appeals,...

Native Youth Navigate Complex, Contradictory Jurisdictions

Calah Schlabach, José-Ignacio Castañeda Perez, Matthew Hendley and Layne Dowdall | September 10, 2020 | American Indian Law, Children and the Law

This article was originally published by “Kids Imprisoned,” a project of the Carnegie-Knight News21 program, on Aug. 21, 2020. View the original post here. On a morning he should have been in middle school, 12-year-old Isaac Durham collapsed on the sidewalk after...

Fifth Circuit: ICWA is Constitutional on All Counts

The Indigenous Law & Policy Center | August 15, 2019 | American Indian Law

This post originally appeared on Turtle Talk on August 9, 2019.The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts....

Eighth Circuit Decision Upholding Tribal Jurisdiction in Watso v. Piper [ICWA, PL 280]]

Kate Fort | July 26, 2019 | American Indian Law

Decision here.This settles a long running string of cases out of the Minnesota federal courts in which the non-Indian parents of tribal member children argued there was no tribal jurisdiction over their children when they lived on the tribal reservation due to ICWA...
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