Updates from the University of North Dakota School of Law.
Categories: Faculty
Tribes on offense over sports betting July 26, 2023 Listen The Seminole Tribe is poised to have exclusive control of mobile sports betting in Florida just as the NFL season gets started. Their potential windfall is part of a $5 billion compact with the state that — for now — is holding up against court […]
Categories: Faculty
The economic impact of SCOTUS upholding the Indian Child Welfare Act Marketplace Savannah Maher Listen Indian Country breathed a sigh of relief on Thursday morning when the U.S. Supreme Court upheld the Indian Child Welfare Act, or ICWA. That 1978 federal law gives tribal nations a voice in custody proceedings involving Native children and aims to […]
Categories: Staff
After fighting to win back her parental rights, a young Native American mother prevailed. Then the state came for her second child. Cheyenne Hinojosa with her younger daughter, who was taken by child welfare workers shortly after being born ProPublica by Jessica Lussenhop and Agnel Philip, photography by Jaida Grey Eagle for ProPublicaJune 15, 6 a.m. EDT ProPublica is a nonprofit […]
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 […]
Expert panelists visit UND to discuss repatriation and federal law UND Today | Adam Kurtz On Tuesday, April 11, dozens of UND students, faculty and staff members packed a third-floor lecture bowl in the School of Law to gain a better understanding of repatriation, a process deeply affecting UND. It’s been more than a year […]
Categories: Faculty
Via AP news wire Tuesday 07 February 2023 A handful of U.S. states are considering legislation this year to include provisions of the Indian Child Welfare Act in state law as the U.S. Supreme Court considers whether the federal law is constitutional. At least 10 states already have done so. The act requires states to […]
Categories: Faculty
Northern Arizona University’s Native American Cultural Center and the Institute for Tribal Environmental Professionals invited Professor Grijalva to Flagstaff, Arizona for one of their many events for Native American month. Professor Grijalva discussed several regional examples of environmental injustice affecting indigenous peoples: allocation of shrinking Colorado River water without consideration of senior Indian tribal water […]
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
Insider Yoonji Han In January 2018, Chad and Jennifer Brackeen adopted a Navajo baby boy, winning a legal battle with the Navajo Nation after it sought to place the boy with a Navajo family. Soon after, the Texas couple looked to adopt his younger sister, but ran into more opposition: The girl’s extended family wanted […]
Indian Child Welfare Act goes before the Supreme Court Listen The U.S. Supreme Court in November will hear oral arguments in a case challenging the Indian Child Welfare Act (ICWA). The law was enacted in 1978 to make it more difficult to remove Indian children from their families, tribes and culture. At the time it […]