Browse
Essays
One River, Two Canoes: Peace and Respect in Indian Child Welfare
Kristen Carpenter describes how in her view, Indian traditions, tribal law, and the ICWA all respect both individual and collective rights.
Essays
A History Lesson
Matthew L. M. Fletcher notes that the federal government has a long, generally shameful history of saving Indians from themselves.
Essays
Sovereignty - Tribal or Otherwise - Must Respect Our Rights
Sovereignty should not be used as an excuse to treat people differently based on race.
Essays
A Civics Lesson
Matthew L. M. Fletcher describes the history and function of the legal system governing Indian tribes.
Essays
Lexi and Veronica: The Dandelions
Timothy Sandefur argues that the ICWA treats people as objects, at times with devastating results.
Essays
Racial Discrimination Is No “Gold Standard”
Timothy Sandefur argues that the Indian Child Welfare Act is nothing to be proud of.
Essays
This Isn’t the Way to Protect Families’ Rights
Walter Olson criticizes the Indian Child Welfare Act - but also much of the rest of our child welfare law.
Essays
Indian Status Is Not Racial: Understanding ICWA as a Matter of Law and Practice
Professor Kristen Carpenter explains the rationale for the ICWA and argues that it is not a piece of racial legislation.
Essays
Limit Government Intrusion in Indian Families’ Lives
Matthew L. M. Fletcher replies to Timothy Sandefur and defends the Indian Child Welfare Act.