From One Stolen Generation to Another: Replicating Trevorrow in American Courts

Authors

Jennifer Grubman, Benjamin N. Cardozo School of Law

Abstract

The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.

Disciplines

Comparative and Foreign Law | Education Law | International Law | Jurisprudence | Law | Law and Race

Recommended Citation

Jennifer Grubman, From One Stolen Generation to Another: Replicating Trevorrow in American Courts, 8 Cardozo Int’l & Compar. L. Rev. 805 (2025).
Available at: https://larc.cardozo.yu.edu/ciclr/vol8/iss3/8