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1993 December

Boller v. Key Bank

An Alarming Use of Brendale v. Yakima

By Andrew W. Baldwin

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.

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The Indian Child Welfare Act

In the Best Interests of the Child and Tribe

By Robert J. McCarthy

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.

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