This is just a quick post because rarely do I write about something and then immediately have a case that makes the exact point. Last Monday I discussed the adjudication hearing and relative burdens of proof. I did this in the context of the Uniform StICWA assigning ICWA's
I have refused to engage in discussion of this petition for certiorari (request to take the case) to the U.S. Supreme Court because by all normal Supreme Court rules, this would have never been even given a second thought before being denied. Unfortunately, we live in unusual times, and
evidentiary standard
In the Uniform State ICWA, the biggest change we made in the drafting was to assign the requirements of ICWA to specific state hearings. This means the act provides some clarity to courts as to when they are expected to make certain findings, as well as provides almost benchbook level
Tulalip Tribes
There have been no reported ICWA cases to write about. I'm currently working on a post about the Uniform State ICWA Adjudication standards to post sometime next week. Job Announcement Tulalip Tribes Reservation Attorney--Child Welfare As noted, happy to post legal jobs related to ICWA and this
California Court of Appeals
In re A.H. California Court of Appeals Fourth District For this reported, NON-inquiry or notice case from California, I want to focus on the legal issue of tribal access to documents. ICWA states that each "party" in a "foster care placement" or "termination
Hey there! I hope everyone has recovered from the holiday weekend. I made the Mackinaw Bridge walk and was so happy to see everyone there protesting Line 5. MSU Law Positions MSU College of Law is hiring for BOTH an Indian law professor AND a transactional clinical prof. This is
California Court of Appeals
As usual, I'm reading the ICWA cases that come in from Westlaw (though I no longer read unpublished opinions on the regular. If you have one for me to take a look at, feel free to flag it in an email to me). In re W.A. C104510
Uniform State ICWA
I'm going to periodically post about how the Uniform State ICWA updates or looks different from the federal ICWA. ICWA Language One area that causes a lot of confusion (like, a lot. Explaining this to Brackeen was a fascinating mess, leading to one of my all time favorite
annoucements
Welcome back to school, MSU Law students! It's my twenty-fourth first day in this building. In Michigan, every Labor Day the state closes the Mackinaw Bridge (The Big Mac) for a walk. The bridge is 5 miles long and can be a little terrifying, to be honest.
events
MSU Law Classes start in one week, which means everything starts picking up again. Here are a few things I want to get out there: MSU Indian Law Clinic Appellate Court Clerks Available The Indian Law Clinic, in addition to providing representation in state court ICWA matters, also provides clerking
Florida Court of Appeals
Because everyone loves reading about ICWA on a Friday afternoon! Stillaguamish Tribe of Indians v. D.D. and D.D. First District Court of Appeals, State of Florida In actuality, this will be a pretty short post. While I'm proud to say the Indian Law Clinic provided assistance
Alaska Supreme Court
Case Highlight Mallette v. Evans I have been waiting for this opinion to come out for ... nearly a year at this point. In early summer of last year, I received notice of this appeal and the Alaska Supreme Court's order that the tribal court should exercise jurisdiction, and