Updates from the University of North Dakota School of Law.
The fate of the Indian Child Welfare Act When it comes to children, should tribes govern themselves? DeseretNews By Mya Jaradat May 16, 2023, 12:16pm CDT Not long after Jennifer and Chad Brackeen felt called by God to become foster parents, they got a call of another kind: this one from Texas’s Child Protective Services, saying […]
Categories: Faculty
A lawsuit in Washington state and another case before the U.S. Supreme Court are part of a coordinated campaign that experts say is pushing once-fringe legal theories to the nation’s highest court and represents the most serious challenge to tribal sovereignty in over 50 years. OregonLive | Oregonian By Karina Brown | Underscore News Editor’s note: This […]
The U.S. Supreme Court is considering challenges to a law enacted in 1978 to respond to the alarming rate at which Native American and Alaska Native children were being removed from their homes by public and private agencies. The U.S. Supreme Court now has taken up challenges to the law three times — in 1989, 2013 and […]
Categories: Faculty
A five-year battle over a bag of clams shows how a reliance on century-old treaties can lead authorities to treat members of some tribes differently than others. by Ashley Braun Hakai Magazine | November 10, 2022 It was April 30, 2017, and Michael and Andrew Simmons were walking down Copalis Beach, along Washington’s southwest coast, […]
Categories: Faculty
We have been here from time immemorial, and we remember. Dan Lewerenz, Guest Contributor November 7, 2022 We remember before the U.S. Supreme Court agreed to hear a case challenging the constitutionality of the Indian Child Welfare Act (“ICWA”). We remember before ICWA was passed in 1978, the four long years of congressional investigation and deliberation that led to its enactment, […]