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Haaland V. Brackeen: The Decision That Threatened The Indian Child Welfare Act’S Protections Of Native Families In Illinois, Kennedy Ray Fite
Haaland V. Brackeen: The Decision That Threatened The Indian Child Welfare Act’S Protections Of Native Families In Illinois, Kennedy Ray Fite
Loyola University Chicago Law Journal
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States’ tragic history of family separation in tribal communities, including removal of native children who were subsequently placed into federal boarding schools or non-native homes by a child-welfare system grounded in white-American assumptions. Congress recognized the vital nature of Native American culture for native children and the importance of native children to tribal …
Looted Heritage: An Examination Of The Hear Act As A Model To Address The Repatriation Of African Art, Marguerite D. Fisher-Heath
Looted Heritage: An Examination Of The Hear Act As A Model To Address The Repatriation Of African Art, Marguerite D. Fisher-Heath
Loyola University Chicago International Law Review
Restitution claims for looted artwork are often limited to Western Art. Legislative acts supporting the return of artwork or items of cultural heritage place particular emphasis on the return of Nazi-looted artwork to European families. In 2016, the United States passed the Holocaust Expropriated Art Recovery Act ("HEAR Act") which created a uniform, federal six-year statute of limitations on civil restitution claims in the United States for the victims of Nazi-era persecution and their heirs to make a legal demand for the return of artwork or other cultural property. In this article, I argue that the HEAR Act is a …