I revisit Indian Courts and the Future, the 1978 report drafted by Dean Getches, and the historic context of the report. It begins with Dean Getches’ framework for analyzing Indian courts. This paper comes out of the University of Colorado Law Review's symposium issue honoring the late Dean David H. In these circumstances, the current, one-size-fits-all Fifth Amendment analysis is ill-suited to protect the individual liberty interests at stake. In such instances, the bankruptcy court is enforcing state substantive rights not a federally-created right and thus the interests of the sovereign are diminished as are its coercive powers. Specifically, when a bankruptcy court resolves a dispute that arises under state law, the federal interest is arguably at its lowest ebb and the defendant's liberty interests protected by the due process clause are brought to the forefront. This Article contends that in the bankruptcy context, the nature of the claim being litigated alters the balance under the Fifth Amendment analysis and acts as a limitation on Congress' otherwise broad power to authorize bankruptcy courts to exercise personal jurisdiction based on nationwide service of process. Courts must develop an analytical framework that recognizes and responds to the varying strengths of the federal interest. In creating the current Fifth Amendment analysis, federal courts have fallen woefully short in defining the scope of congressional authority. For the entire sample, regardless of acculturation, we found that family history of boarding school experiences, having parents and grandparents who lived in boarding schools, predicted interpersonal childhood trauma but not noninterpersonal childhood trauma.Ĭongress' power to legislate is not unlimited and federal courts have an obligation to monitor Congress' exercise of its authority. The more participants in the current study were acculturated, or identified with White culture, the less they were aware of historical losses. In a diverse sample (N = 59) of American Indians, we find support for the idea that institutional betrayal may be at the heart of historical loss awareness. The current study applies institutional betrayal trauma theory as a means for understanding awareness of historical losses and examines the intergenerational transmission of trauma through family systems. The confusion in nomenclature may mask different underlying mechanisms for understanding trauma. The terms historical trauma and intergenerational transmission of trauma have been used interchangeably in the literature, yet may be theoretically distinct.
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