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Articles 1 - 5 of 5
Full-Text Articles in Law
In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis
In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis
Michigan Journal of Race and Law
The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption and Safe Families Act (ASFA) excuses rehabilitative services in "aggravated circumstances" of child abuse. The ICWA contains no such exception, and that absence has been controversial. In 2002, the Alaska Supreme Court applied ASFA's aggravated circumstances exception to the ICWA, thereby excusing services when a father severely abused …
African American Intimacy: The Racial Gap In Marriage, R. Richard Banks, Su Jin Gatlin
African American Intimacy: The Racial Gap In Marriage, R. Richard Banks, Su Jin Gatlin
Michigan Journal of Race and Law
This essay is divided into three parts. Part I documents the extent of the racial gap in marriage. Part II uses the marriage patterns of affluent Black men in particular to speculate about how the relationships of Black men and women might be influenced by the relative numbers of men and women and the men's socioeconomic characteristics in ways that depress marriage rates. Part III connects the low rate of marriage among African Americans to the differing interracial marriage rates of Black men and women.
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
Michigan Journal of Race and Law
Review of The Ethics of Transracial Adoption by Hawley Fogg-Davis
The Alienation Of Fathers, Linda Kelly
The Alienation Of Fathers, Linda Kelly
Michigan Journal of Race and Law
By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.
The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax
The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax
Michigan Journal of Race and Law
This Article seeks to explore in a preliminary way some questions that would be raised by the adoption of such a program. The initial issue raised by the proposal is: does the government ever have any legitimate business favoring some family forms over others? The first-pass answer would appear to be "yes." The law recognizes marriage, restricts it to persons of the opposite sex (at least for now), and confers upon married couples comparative rights and privileges-although fewer than have been enjoyed in the past. The more difficult questions are: what exactly is the nature of the government's interest in …