Indian Children and the Federal-Tribal Trust Relationship
Fletcher, Matthew L.M. & Singel, Wenona T.
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- 2023Haaland v. Brackeen SCOTUS
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Abstract
I. Introduction II. Indian Children and the Founding Generation ... A. The Treaty and International Law Basis of the Federal-Tribal Trust Relationship ... B. Federal Military and Diplomatic Actions ... 1. Colonial Era ... 2. Revolutionary War ... 3. Post-Revolutionary War Era ... 4. The Northwest Indian War ... 5. The Treaty of Greenville and the Founding Generation ... C. Federal Treaty and Statutory Law ... 1. Education and Schools ... 2. Land Rights ... 3. Other Provisions for Indian Orphans III. Indian Children in the Coercive Period ... A. Interference in Internal Tribal Matters ... B. The Perversion of Indian Education ... C. Allotment and Indian Families ... D. Indian Children and Indian Parents IV. The Modern Era: A Return to Constitutional Fidelity … A. Indian Self Determination and Education Assistance Act ... B. The Indian Child Welfare Act ... C. Trust and the Constitution V. Conclusion