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Full-Text Articles in Law

Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey Apr 2021

Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey

Washington and Lee Law Review Online

In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White children. But …


Zobel V. Williams, Lewis F. Powell Jr Oct 1981

Zobel V. Williams, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Personnel Administrator Of Massachusetts V. Feeney, Lewis F. Powell Jr. Oct 1978

Personnel Administrator Of Massachusetts V. Feeney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Lubin V. Panish, Lewis F. Powell Jr. Oct 1973

Lubin V. Panish, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Fuller V. Oregon, Lewis F. Powell Jr. Oct 1973

Fuller V. Oregon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Struck V. Secretary Of Defense, Lewis F. Powell Jr. Oct 1972

Struck V. Secretary Of Defense, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Moose Lodge No. 107 V. Irvis, Lewis F. Powell Jr. Oct 1971

Moose Lodge No. 107 V. Irvis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.