Emily Stolzenberg | December 6, 2023 | American Indian Law, Children and the Law
Below is the abstract for “Tribes, States, and Sovereigns’ Interest in Children,” available for download on SSRN. Haaland v. Brackeen, the unsuccessful SCOTUS challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute’s...
Kathryn E. Fort and Adrian T. Smith | May 9, 2023 | American Indian Law
Below is the abstract for “The Indian Child Welfare Act During the Brackeen Years” available for download on SSRN. From 2017 through 2022, while the Indian Child Welfare Act (“ICWA”) was under direct constitutional attack from Texas, state courts around the country...
Neoshia R. Roemer | January 24, 2023 | American Indian Law
Below is the abstract for “Un-Erasing American Indians and the Indian Child Welfare Act from Family Law,” available for download on SSRN. In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed...
Matthew L.M. Fletcher | September 12, 2022 | American Indian Law
Below is the abstract for “Testimony before the Commission on Native Children,” available for download on SSRN. 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...
