Civil Claims for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses by Andrea A. Curcio, 4 Hastings Race & Poverty L.J. 45 (2006) Discusses how the boarding school placements were part of the plan to decimate American Indians as a distinct people. Discusses potential civil claims available to boarding school attendees, including under the Tucker Act and the Federal Tort Claims Act, as well as international law claims.
“Removing That Which Was Indian from the Plaintiff”: Tort Recovery for Loss of Culture and Language in Residential Schools Litigation by Zoë Oxaal, 68 Sask. L. Rev. 367, 368 (2005). Probes the assumption that the cultural loss due to residential schooling must be confined to a realm outside of law and that compensation can only be obtained outside the courtroom. Examines potential strengths and weaknesses of a tort-based argument for recovery of damages for cultural loss. Concludes that the issue of cultural loss is a test of tort law’s potential to address the injustices suffered by minorities and the underprivileged. (available for purchase from Hein Online)