Andrea MartinOctober 2022 — Professor Andrea J. Martin will present her article on recent constitutional challenges to the Indian Child Welfare Act (ICWA) and the broader implications for tribal and state family courts at the Association of American Law Schools’ Annual Meeting as part of the Newer Scholars’ Writing Workshop program.

The United States Supreme Court will decide the constitutionality of the ICWA, which established minimum federal standards for child custody proceedings involving Indian children, in an upcoming case, Haaland v. Brackeen. In response, ten states have enacted local policies to protect Indian families and their tribes. Professor Martin will present her research on the Brackeen case and the triangulation of power and authority between the tribes, states, and federal government under the ICWA. Her article, “Beyond Brackeen: Protecting Indian Children and Preserving Sovereignty,” will also provide a comparative analysis of state-level ICWA statutes and the impact of the Court’s ruling on tribal and state family courts.

Professor Andrea J. Martin a visiting assistant professor of law at Penn State Dickinson Law and recipient of the Penn State Dickinson Law Phillip M. Scott Teaching Excellence Award. Her research draws on constitutional and legal history to explore and analyze current social justice issues including American Indian sovereignty rights, antiracism in education, and voter suppression. Prior to joining Dickinson Law, Martin spent twelve years as a strategic legal advisor, managing business and regulatory legal affairs at a multi-billion-dollar company. Professor Martin also served as a Special Assistant Attorney General in the Appellate Division of the Rhode Island Department of Attorney of General. Martin is involved in diversity and inclusion efforts and served on the Governor’s Task Force on Diversity, the Governor’s Commission on Prejudice and Bias and the Thurgood Marshall Lawyer’s Society. She has also taught legal writing in the CLEO (Council on Legal Education Opportunity) program, recently hosted by Penn State Dickinson Law, to increase the number of lawyers from diverse backgrounds.