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December 1993

"Like Pinning Fog to a Wall"-Emerging Issues in Indian Health Care: How Ongoing Indian Health Care Reform Will Mesh with the Clinton Administration's National Health Care Reform Agenda
This article examines the United States' special obligation to provide health services to Native Americans and how it may be affected by the current movement for national health care reform.

By Steven C. Moore and Catherine E. Wilson
The Indian Child Welfare Act: In the Best Interests of the Child and Tribe
Although the U.S. Supreme Court has held that Indian preference placement is one of the most important substantive requirements of the Indian Child Welfare Act (ICWA), state courts have not been responding to this need. This article reviews the ICWA's major provisions, explores some of the court-made exceptions to the Act, and explains why advocates should seek judicial and administrative extension of the ICWA.

By Robert J. McCarthy
Prodigal Son: The "Existing Indian Family" Exception to the Indian Child Welfare Act
The existing Indian family exception seeks to limit application of the Indian Child Welfare Act to children who are living in an "Indian" family; this article examines state courts' response to the Supreme Court's decision in Mississippi Band of Choctaw Indians V. Holyfield, which implicitly overruled the exception.

By C. Steven Hager
Boller v. Key Bank: An Alarming Use of Brendale v. Yakima
The Wyoming Supreme Court, in Boller v. Key Bank, recently expanded the scope of exclusive state jurisdiction over foreclosures of Indian lands. This article examines the flaws in Boller's analysis, particularly the court's misinterpretation and misapplication of the U.S. Supreme Court decision in Brendale v. Confederated Tribes and Bands of Yakima Indian Nation.

By Andrew W. Baldwin
Jail Conditions on the Navajo Nation: A Case Study
Navajo inmates, confined to jails on their reservations, challenged the deplorable conditions of confinement and obtained a consent decree that would improve jail conditions. This article describes how the case of Silver v. Pahe was responsible for these changes.

By James S. Manlowe, Jr., Susan Warren, and Thomas J. Holgate
The Reawakening of Sacred Justice
This article explores the revitalization of Native Americans' traditional peacemaking ways.

By Diane LeResche

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