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Tribal Courts

Lawyering the Indian Child Welfare Act, by Matthew Fletcher and Winona Singel, Vol. 120 Michigan Law Review 1755, 10/20/21

This Essay argues that the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes.

Francis V: Maine Law Court Says Tribe Had Exclusive Jurisdiction, Wabanaki Legal News, Spring Ed. 2009

This article analyzes the Maine Supreme Judicial Court decision that state courts had no jurisdiction, and the tribal court had exclusive jurisdiction, over an eviction dispute between a tribal member and a tribal housing authority. The Court held that the dispute was an internal tribal matter under the Maine implementing Act.

In Re Children Of Shirley T. (2019)

Maine Supreme Judicial Court decision on transfer of jurisdiction from a Maine state court to a tribal court.

In Re Trevor I (2009)

Maine Supreme Judicial Court decision on whether the state child welfare agency adequately investigated a parent's alleged Indian status and applicability of the ICWA to the case prior to terminating parental rights.

In Re Radience K (2019)

Maine Supreme Judicial Court decision on whether the state child welfare agency made "active efforts" to prevent the breakup of an Indian family, as required by the ICWA.

In Re Children Of Michelle C (2021)

Maine Supreme Judicial Court decision on whether children were "Indian Children" within the meaning of the ICWA.

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