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Full-Text Articles in Law

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.


If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush May 2014

If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush

Sharon E. Rush

In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …


Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll May 2014

Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll

Andrea Beauchamp Carroll

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.