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Full-Text Articles in Law
The Indian Child Welfare Act In The Multiverse, M. Alexander Pearl
The Indian Child Welfare Act In The Multiverse, M. Alexander Pearl
Michigan Law Review
A Review of Adoptive Couple v. Baby Girl By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Lawyering The Indian Child Welfare Act, Matthew L.M. Fletcher, Wenona T. Singel
Lawyering The Indian Child Welfare Act, Matthew L.M. Fletcher, Wenona T. Singel
Michigan Law Review
This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court, their adversaries use those same advantages on appeal to attack the constitutional validity of the law. The primary goal of this Article is to help expose those structural issues and the ethically troublesome practices of adoption attorneys as the most important Indian Child Welfare Act (ICWA) case …