Tribal Jurisdiction over Native Children
Question # 2 (15%): Discuss and analyze one of the topics below:
1. Tribal sovereignty: issues include tribal membership codes, tribe’s rights, tribal member’s rights, the federal trust responsibility. Include analysis of Sovereignty Immunity, The Indian Civil Rights Act (1968) and Santa Clara Pueblo v. Martinez (1978).
2. Tribal jurisdiction over Native children: issues include tribe’s/parent’s/adoptive parent’s/ child’s rights, state court’s application of the ICWA, culture, identity, blood quantum. include analysis of the Indian Child Welfare Act (1978), Mississippi Band of Choctaw Indians v. Holyfield (1989), the State courts’ “Existing Indian Families” exception, and the Adoptive Couple v. Baby Girl (2013) case.