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Thursday, September 13, 2018

Indian Child Welfare Act #ICWA updates


The National Indian Law Library added new content to the Indian Law Bulletins on 9/12/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
http://www.narf.org/nill/bulletins/lawreviews/2018.html
  • I see you- A story from the Haudenosaunee.
  • Indian Child Welfare Act annual case law update and commentary.
  • August 2016-August 2017 case law on American Indians.
  • CDIB: The role of the certificate of the degree of Indian blood in defining Native American legal identity.
  • Tribal Exclusion Authority: Its sovereign bases with recommendations for federal support.
  • Native American rights and adoption by non-Indian families: The manipulation and distortion of public opinion to overthrow ICWA.
  • Racial anxieties in adoption: Reflections on adoptive couple, white parenthood, and constitutional challenges to the ICWA.
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Why tribes do not recommend the DNA swab

Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:

Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.

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