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Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio Sep 2014

Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio

Pace Law Review

Part I of this article will provide an overview of the legal doctrines implicated in Adoptive Couple v. Baby Girl. First, Part I will discuss both Indian Child Welfare Act’s text and purpose and scholarly attention given to the law. Second, Part I will examine the law of putative fathers insofar as relevant to understanding ICWA’s application in Adoptive Couple. Part II provides insight into the Court’s equal protection jurisprudence with a particular emphasis on considerations of race in adoption and laws implicating Indian tribes. This Part introduces the limited scholarly treatment afforded to the equal protection issues implicated by …


Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis Jul 2014

Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis

Christina Lewis

No abstract provided.


In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger Mar 2014

In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger

Bethany Berger

On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …


Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis Jan 2014

Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis

Christina Lewis

No abstract provided.


Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr. Jan 2014

Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.

Faculty Scholarship

No abstract provided.