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Articles 1 - 5 of 5
Full-Text Articles in Law
The Real Wrongs Of Icwa, James G. Dwyer
The Real Wrongs Of Icwa, James G. Dwyer
Faculty Publications
Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children’s-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons’ private lives to their detriment for illicit purposes. In fact, the Act’s defenders are complicit in the same sort of government violence that motivated ICWA’s enactment—erasing aspects of children’s heritage …
Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer
Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer
Faculty Publications
No abstract provided.
The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades
The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades
Faculty Publications
No abstract provided.
History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades
History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades
Faculty Publications
No abstract provided.
The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades
The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades
Faculty Publications
No abstract provided.