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The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell
The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell
Journal of the National Association of Administrative Law Judiciary
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still present in the child welfare system today. Some states with low Native American populations joined non-Native American prospective adoptive parents in a constitutional challenge of ICWA, and hundreds of supporters (tribes, organizations, and states) poured out support for the Act. The Supreme Court heard the …
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez
Journal of the National Association of Administrative Law Judiciary
Section I of this comment considers the evolution of education in the United States and how American society dealt with racial discrimination in public schools in the past, and how those facts and decisions differ from the issues that students of color are facing today. Section II explains the Equal Protection Clause (EPC) and analyzes the seminal cases that demonstrate the power of the EPC and when it is appropriate to use it. Section III introduces Title VII and walks through violations of disparate impact discrimination and disparate treatment discrimination. Section IV explains what the Department of Education’s Civil Rights …