| Author | Title | Citation | Summary | Year |
| Matthew L.M. Fletcher |
THE THREE LIVES OF MAMENGWAA: TOWARD AN INDIGENOUS CANON OF CONSTRUCTION |
134 Yale Law Journal 696 (January, 2025) |
ABSTRACT. For too long, tribal judiciaries have been an afterthought in the story of tribal self-determination. Until the last half-century, many tribal nations relied on federally administered courts or had no court systems at all. As tribal nations continue to develop their law-enforcement and police powers, tribal justice systems now play a... |
2025 |
| Shelley Kierstead |
TRAUMA-INFORMED JUDICIAL PRACTICE MEETS THERAPEUTIC JURISPRUDENCE: COMPASSIONATE WRITTEN JUDGMENTS IN CHILD PROTECTION CASES |
58 UIC Law Review 595 (Spring, 2025) |
I. Introduction. 595 II. Trauma and Legal Services. 598 A. A Brief Overview of Trauma Research. 598 1. Intergenerational Trauma. 599 2. Complex Trauma. 601 B. Trauma-Informed Legal Practice. 601 III. Compassion in Written Child Protection Judgments. 603 A. With Whose Suffering Are We Concerned?. 604 B. How Might Judges Ameliorate Suffering?. 605 C.... |
2025 |
| Grant Christensen |
TRIBAL COURTS ARE COURTS OF GENERAL JURISDICTION |
77 Florida Law Review 679 (March, 2025) |
Twenty years ago, the Supreme Court misread its precedents and took a shortcut to do what was simpler instead of what was right. It determined, without examining the origins of tribal judicial power, that tribal courts are not courts of general jurisdiction. Writing for the majority in Nevada v. Hicks, Justice Antonin Scalia concluded that in... |
2025 |
| John Beaty |
TRIBAL EMINENT DOMAIN: SOVEREIGNTY GAPS AND POLICY SOLUTIONS |
55 New Mexico Law Review 37 (Winter, 2025) |
This Article addresses the existence and scope of the tribal power of eminent domain. American Indian Tribes are sovereign entities within the United States and can exercise many traditional government powers. However, centuries of actions by the United States' executive, legislative, and judicial branches have eaten away at the fabric of tribal... |
2025 |
| Desmond Mantle |
TRIBAL SOVEREIGNTY, JUSTICE GORSUCH, AND THE LETTER OF THE LAW |
77 Stanford Law Review Online 237 (June, 2025) |
I meant what I said, and I said what I meant. An elephant's faithful, one hundred percent! --Dr. Seuss, Horton Hatches the Egg This Comment seeks to defend Justice Neil Gorsuch's approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court's reliance on textualism and against efforts by fellow self-proclaimed... |
2025 |
| Paul Baumgardner |
TRIBES IN THE TEXT: HOW STATE CONSTITUTIONS STRUCTURE GOVERNMENTAL RELATIONSHIPS WITH NATIVE TRIBES |
70 South Dakota Law Review 487 (2025) |
Although there has been a flurry of recent court cases that acknowledge the important role of state governments in tribal affairs, relatively little scholarly attention has been given to how American states actually relate to Native individuals, communities, or institutions. One way to begin outlining the nature of modern state-tribal relationships... |
2025 |
| Peyton Souvenir |
UNDERSTANDING FEDERAL RECOGNITION: A STUDY OF THE PROCEDURAL PATHWAYS AND THE CHINOOK INDIAN NATION |
26 Oregon Review of International Law 263 (2025) |
Introduction. 264 I. The Three Routes to Federal Recognition. 266 A. Administrative Acknowledgment. 266 1. Federal Recognition Process of 1978. 266 2. Federal Recognition Today. 268 B. Legislative Acknowledgment. 272 1. Virginia Tribes. 272 2. Lumbee Tribe of North Carolina. 273 C. Judicial Determinations. 274 1. Passamaquoddy Tribe v. Morton. 275... |
2025 |
| Frank Pommersheim , Bryce Drapeaux |
UNITED STATES v. SIOUX NATION OF INDIANS REVISITED: JUSTICE, REPAIR, AND LAND RETURN |
70 South Dakota Law Review 176 (2025) |
The amazing legal journey of this case begins in 1923 and ends with a Sioux Nation of Indians victory in the Supreme Court in 1980. Before reaching the Supreme Court, the case was litigated four different times before the Court of Claims because of the ineffective assistance of counsel and the necessity of a congressional statute to clear away... |
2025 |
| Laura Matthews-Jolly |
VISITATION AS FAMILY REGULATION |
103 North Carolina Law Review 521 (January, 2025) |
Legal scholarship is increasingly concerned with the centrality of family separation to child protective services in the United States. While the harms of family separation are significant, scholars have largely overlooked the most powerful tool to repair and rebuild families separated by the state: parent-child visitation. Frequent, meaningful... |
2025 |
| Micah S. Quigley |
WHAT IS HABEAS? |
173 University of Pennsylvania Law Review 453 (January, 2025) |
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is dissatisfied with the broad swath of constitutional errors that can currently give rise to habeas relief. The way the Court sees it, a broad writ is inefficient, untraditional, and bad for federalism. The consensus... |
2025 |
| Ellie Margolis , Leonore F. Carpenter |
WHAT LAW SCHOOLS TEACH WHEN THEY DON'T TEACH ABOUT STATE CONSTITUTIONS |
55 New Mexico Law Review 391 (Summer, 2025) |
[T]oo many students may well graduate from three years of legal study with the perception that the only Constitution operating within the United States is the national document and that the only courts one need really focus on are federal courts . If you are reading this, you are pretty likely to have received or are currently receiving an... |
2025 |
| Shanée Brown |
WHAT'S IN A NAME? POLICING, JULIET |
78 SMU Law Review Forum 38 (April, 2025) |
Child welfare and child protection are misnomers. These terms do not accurately depict the investigatory nature of the system purported to help families, or at the very least, save endangered children. Contrary to public opinion, the child welfare system comprises of state actors who police parents and children. It is the naming of this... |
2025 |
| Yuha Jung , Lauren Smith Madden |
WHO GETS REMEMBERED? STRUCTURAL BARRIERS IN THE NATIONAL REGISTER OF HISTORIC PLACES |
21 Northwestern Journal of Law & Social Policy 1 (Fall, 2025) |
This article examines the systemic barriers within the National Register of Historic Places, established under the National Historic Preservation Act of 1966, that have contributed to the underrepresentation of marginalized communities in historic preservation. Despite the United States' diverse cultural heritage, only an estimated 3% to 10% of... |
2025 |
| Fred O. Smith, Jr. |
YOUNGER AND OLDER ABSTENTION |
123 Michigan Law Review 1449 (June, 2025) |
C1-2Table of Contents Introduction. 1451 I. Criminal Abstention Today. 1458 A. Younger, Comity, and Irreparable Harm. 1459 B. Who and When. 1463 1. Criminalization of Poverty. 1465 2. Child Welfare Proceedings. 1468 C. Younger's Quiet Expansion. 1470 1. Untimely but Adequate. 1470 2. Exhaustion of Collateral State Remedies. 1473 3. Free-floating... |
2025 |
| Lily Muelrath |
"NEVER AGAIN" YET ANOTHER GENOCIDE: RUSSIA'S UNLAWFUL FORCED TRANSFER AND ADOPTION OF UKRAINIAN CHILDREN |
41 Wisconsin International Law Journal 219 (Winter, 2024) |
Since the beginning of Russia's aggression against Ukraine, Russian authorities have been openly transferring children from Ukraine to Russia and Russia-occupied territories. Russian officials attempt to justify their decision to displace Ukrainian children as a humanitarian evacuation. However, this purported motive is not reality. The current... |
2024 |
| Lauren van Schilfgaarde |
(UN)VANISHING THE TRIBE |
66 Arizona Law Review 409 (Summer, 2024) |
The U.S. Supreme Court has revived century-old rhetoric that frames Tribal sovereignty as vanishing. The logic in this reasoning is often cloaked behind concerns for states' equal footing and interests. But once the veneer is removed, the Court's reliance upon what I term the vanishing Tribe trope reveals a lawless foundation and ultimately harms... |
2024 |
| Chris Gottlieb |
A PATH TO ELIMINATING THE CIVIL DEATH PENALTY: UNBUNDLING AND TRANSFERRING PARENTAL RIGHTS |
19 Harvard Law & Policy Review 43 (Summer, 2024) |
There are few uses of government power as extreme as severing parent-child relationships, yet terminating parental rights has become commonplace in the American child welfare system. Amid growing recognition of the harms of terminating parental rights and the racial injustice of current practice, this Article proposes a straightforward route to... |
2024 |
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
| Kirsten Matoy Carlson |
ACCESS TO JUSTICE IN THE SHADOW OF COLONIALISM |
59 Harvard Civil Rights-Civil Liberties Law Review 69 (Spring, 2024) |
C1-2Table of Contents Introduction. 70 I. The Imposition and Insufficiency of Anglo-American Justice. 79 A. Settler Colonialism and the Imposition of Justice. 80 B. The Legacy of Settler Colonialism on Justice. 86 1. Impact on Tribal Governments. 87 2. Impact on Individual Natives. 93 II. Natives' Struggle for Access to Justice Under Settler... |
2024 |
| Theresa Glennon |
ACKNOWLEDGEMENT: RESTORING HUMAN RIGHTS AND DIGNITY |
42 Boston University International Law Journal 1 (Spring, 2024) |
Reviewing Redress: Ireland's Institutions and Transitional Justice (Katherine O'Donnell, Maeve O'Rourke & James M. Smith eds., 2022). C1-2Contents I. Introduction. 1 II. Censure and Subjugation: Confronting Ireland's Mistreatment of Single Women and Children. 3 III. Advancing Redress or Deepening rupture?. 7 IV. Reimagining Ireland: Government by... |
2024 |
| Malinda L. Seymore |
ADOPTION AS SUBSTITUTE FOR ABORTION? |
95 University of Colorado Law Review 1089 (2024) |
In Dobbs v. Jackson Women's Health Organization, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected. First, he said, [s]tates have increasingly adopted safe haven laws, which generally allow women to drop off babies anonymously. Second, a woman who puts her newborn... |
2024 |
| Julie Cavanaugh-Bill, PRESIDENT, STATE BAR OF NEVADA |
AN INTRODUCTION TO NEVADA'S TRIBES AND THE DYNAMICS OF TRIBAL LAW |
32-FEB Nevada Lawyer 4 (February, 2024) |
This issue of Nevada Lawyer explores the makeup of tribal law across the state of Nevada, touches briefly on federal Indian law - in particular the Indian Child Welfare Act and tribal sovereignty - and hopefully introduces many of you to the amazing cultural and historical backdrop of the lands we now call Nevada. These topics are very near and... |
2024 |
| Grant Christensen |
ARTICLE III AND INDIAN TRIBES |
108 Minnesota Law Review 1789 (April, 2024) |
Among the most basic principles of our federal courts is that they are courts of limited jurisdiction, exercising only those powers delegated to them in Article III. In 1985 the Supreme Court inexplicably created an exception to this constitutional tenet and unilaterally declared a plenary judicial power to review the exercise of an Indian tribe's... |
2024 |
| Angela R. Riley, Suzette Malveaux |
CHIEF JUSTICE ANGELA R. RILEY AND PROFESSOR SUZETTE MALVEAUX IN CONVERSATION AT THE ELEVENTH ANNUAL JOHN PAUL STEVENS LECTURE: THE THIRD SOVEREIGN: TRIBAL COURTS AND INDIAN COUNTRY JUSTICE |
59 Harvard Civil Rights-Civil Liberties Law Review 1 (Spring, 2024) |
The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado-Boulder's Law School is a premier research and programming institution aiming to facilitate informed and engaged scholarship and dialogue on constitutional law. As part of this effort, it hosts the annual John Paul Stevens Lecture, named after the... |
2024 |
| The Honorable Vibhav Mittal |
CHILD WELFARE CASES: THE ULTIMATE PUBLIC INTEREST JOB |
66-JUL Orange County Lawyer 34 (July, 2024) |
Like many, I went to law school with a desire to serve the public interest. When I attended public interest events at law school, the focus was on working in the government, in a public defender's office, or with a nonprofit legal organization. As a first-generation law student, I thought that was the universe of public interest jobs. During law... |
2024 |
| Diane Marie Amann |
CHILD-TAKING |
45 Michigan Journal of International Law 305 (2024) |
A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on... |
2024 |
| Rory Bahadur |
CIVILITY AS MORALLY JUSTIFIED OPPRESSION |
30 Texas Journal on Civil Liberties & Civil Rights 89 (Fall, 2024) |
Contemporary legal education's predominant focus on civility within the Professional Identity Formation (PIF) framework perpetuates systemic racism, cloaking it in a guise of moral certitude. Civility, as an offshoot of moral philosophy, functions as a formidable instrument of oppression, ratifying behavioral norms and ideological constructs... |
2024 |
| Saba Deutschmann |
COMMENT, U.S. INTERCOUNTRY ADOPTION POLICY: A BRIEF HISTORY |
36 Journal of the American Academy of Matrimonial Lawyers 509 (2024) |
While international adoptions are becoming less common, this area of international law and policy draws significant attention from legal scholars, elected officials, and the adoption community. The experience of family is shared by all people, and society is deeply rooted in the preservation and support of the family. The legal and political... |
2024 |
| Sara L. Ochs |
CONFRONTING LEGACIES OF INDIGENOUS INJUSTICE: LESSONS FROM SWEDEN |
54 Seton Hall Law Review 641 (2024) |
The past decade has brought global efforts by settler colonial states to provide healing and justice for past and ongoing harms against Indigenous communities. Many of these efforts have manifested in the creation of truth commissions, nonjudicial entities which seek to establish a reliable historical record of harm, promote reconciliation, and... |
2024 |
| Yael Cohen-Rimer |
CRIMINISTRATIVE LAW: DATA-COLLECTION, SURVEILLANCE, AND THE INDIVIDUALIZATION PROJECT IN U.S. CHILD WELFARE LAW |
44 Columbia Journal of Gender and Law 500 (Spring, 2024) |
Textual analyses of child welfare laws, joined by extensive textual and legal analyses of case law, reveal how the dance between the administrative and the criminal in child protective services (CPS) is rooted in the individualized perception of poverty. This individualization, which forms the bedrock of the capitalist American welfare state,... |
2024 |
| Nick J. Sciullo |
DEFENDING CRITICAL RACE THEORY |
47 Seattle University Law Review Supra 1 (8/2/2024) |
C1-2Contents Introduction. 1 I. K-12 Schools are Overrun with Critical Race Theory. 7 II. Critical Race Theory Is Marxist. 14 III. Critical Race Theory Encourages White Self-Hate. 23 IV. Critical Race Theory Indoctrinates Students. 26 V. Critical Race Theory Is Racial Essentialism. 29 VI. Criticism of Critical Race Theory. 31 Conclusion. 33 |
2024 |
| Timothy Fadgen , Guy Charlton , Dana E. Prescott |
DID THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION RECOGNIZE INDIGENOUS GROUPS AND CULTURE? |
37 Journal of the American Academy of Matrimonial Lawyers 87 (2024) |
Abstract: Among the profound challenges related to family law and child custody conflict has been the impact of globalization on the consequences to children from marriage and divorce, and nonmarried parental separation. Most nations implemented family justice courts decades ago where one judge, within an adversarial fact-finding system, applied... |
2024 |
| Secretary Deb Haaland |
ENVIRONMENTAL JUSTICE IS A CIVIL RIGHTS ISSUE |
64 Natural Resources Journal 117 (Winter, 2024) |
Thank you so much for that lovely introduction, Dean Carey, and for your exemplary leadership. I also want to recognize my dear friend and mentor Professor Carol Suzuki, who I met the summer before my first semester, on the first day of the Pre-Law Summer Institute, and we have been friends ever since. She has been instrumental in all I have... |
2024 |
| Secretary Deb Haaland |
ENVIRONMENTAL JUSTICE IS A CIVIL RIGHTS ISSUE |
54 New Mexico Law Review 1 (Winter, 2024) |
Thank you so much for that lovely introduction, Dean Carey, and for your exemplary leadership. I also want to recognize my dear friend and mentor Professor Carol Suzuki, who I met the summer before my first semester, on the first day of the Pre-Law Summer Institute, and we have been friends ever since. She has been instrumental in all I have... |
2024 |
| Ryan E. Boevers, LISW |
FAST TRACK TO THE CIVIL DEATH PENALTY: INVOLUNTARY TERMINATIONS OF PARENTAL RIGHTS AND AN ANALYSIS OF THE MINNESOTA SUPREME COURT'S DECISION IN R.D.L. |
50 Mitchell Hamline Law Review 116 (February, 2024) |
I. Introduction. 117 II. The Child Welfare System and Its Effects on Children, Families, and Society. 118 A. The Harm of Removal and Foster Care. 119 B. Case Management Realities and Conflicting Timelines. 121 C. Systemic Inequities and Racial Disparities. 123 III. History. 125 A. The Right to Parent. 125 B. The Presumption of Fitness. 128 C. Child... |
2024 |
| Matthew L.M. Fletcher |
FEDERAL INDIAN LAW AS METHOD |
95 University of Colorado Law Review 375 (2024) |
Introduction. 375 I. Federal Indian Law's Default Interpretative Rules. 377 A. The Canons of Construction and the Clear Expression Rules. 377 B. The Mancari Principle. 378 II. Mancari's Critics. 381 III. Why Mancari's Method Remains Superior. 385 A. The Mancari Method. 385 1. The Mancari Method Defined. 385 2. Theoretical Justification for the... |
2024 |
| Elizabeth D. Katz |
FOSTERING FAITH: RELIGION AND INEQUALITY IN THE HISTORY OF CHILD WELFARE PLACEMENTS |
92 Fordham Law Review 2077 (April, 2024) |
Each year in the United States, approximately 700,000 children live in foster care. Many of these children are placed in religiously oriented homes recruited and overseen by faith-based agencies (FBAs). This arrangement--as well as the scope and operation of child welfare services more broadly--is at a crucial moment of reckoning. Scholars and... |
2024 |
| Jackson Gehrig Bednarczyk |
FROM WOUNDED KNEE TO CARLISLE TO SFFA: AN INDIGENOUS CASE FOR AFFIRMATIVE ACTION |
66 Arizona Law Review 1067 (Winter 2024) |
Education is power. It is essential for personal development, informed decisionmaking, and advancement in society. Those who are well-educated have the power to change their circumstances and the circumstances of others. However, education can also be weaponized to stifle ways of thinking, crush identities, and even reshape minds. The latter is... |
2024 |
| Jessica López-Espino |
GIVING AND TAKING VOICE: METAPRAGMATIC DISMISSALS OF PARENTS IN CHILD WELFARE COURT CASES |
49 Law and Social Inquiry 1453 (August, 2024) |
Applying tools of linguistic anthropology to ethnographic research conducted in a California child welfare court, this article analyzes how commentary by attorneys and judges about the language practices of parents and other communicative practices normalized the dismissal of the voices of marginalized lay actors throughout their cases. This... |
2024 |
| Grace Carson |
HAALAND v. BRACKEEN AFFIRMS THE CONSTITUTIONALITY OF ICWA |
49 Human Rights 24 (2024) |
In adopting the Indian Child Welfare Act, Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to grow in their culture; and the right of Indian communities to resist fading into the twilight of history. --Justice Neil Gorsuch concurring in Haaland v.... |
2024 |
| Laura Briggs |
HAALAND v. BRACKEEN AND MANCARI: ON HISTORY, TAKING CHILDREN, AND THE RIGHT-WING ASSAULT ON INDIGENOUS SOVEREIGNTY |
56 Connecticut Law Review 1121 (May, 2024) |
In June 2023, the Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 in Haaland v. Brackeen. making it harder for (some) Indigenous families and communities to lose their children. The decision left one key question unanswered, however: whether protections specifically for American Indian households served as... |
2024 |
| Andrew B. Reid |
HAALAND v. BRACKEEN: THE INDIAN CHILD WELFARE ACT, STATES' RIGHTS, AND THE SURVIVAL OF AMERICA'S FIRST PEOPLES AND NATIONS |
101 Denver Law Review 349 (Winter, 2024) |
At the end of its 2023 term, the United States Supreme Court issued a long-awaited decision on the Indian Child Welfare Act, Haaland v. Brackeen. The Court was presented with the direct conflict between three well-established bodies of constitutional law: (1) the right of individuals against racial discrimination, (2) the rights reserved by the... |
2024 |
| Ian Heath Gershengorn |
HAALAND v. BRACKEEN--A WINDOW INTO PRESENTING TRIBAL CASES TO THE COURT |
56 Connecticut Law Review 1103 (May, 2024) |
In this Essay, as I did at the Connecticut Law Review's Symposium, I draw on my experience representing Tribes in Haaland v. Brackeen to discuss more broadly the effective presentation of tribal arguments to the Court. I touch briefly on four main topics. First, I discuss how we collaborated with amici to ensure that the Court would have the full... |
2024 |
| Mikayla Jones |
HEADS HELD HIGH AND HANDS HOLDING HOPE: THE VICTORY AND VULNERABILITIES OF THE INDIAN CHILD WELFARE ACT AFTER HAALAND v. BRACKEEN |
103 Nebraska Law Review 65 (2024) |
Congress enacted the Indian Child Welfare Act (ICWA) in 1978 to mitigate the catastrophic effects of the federal government's longstanding policy of forcibly removing Indian children from their families and tribal communities. ICWA has safeguarded Indian children and families for decades by setting minimum standards in state child welfare... |
2024 |
| Assemblywoman Shea Backus |
INDIAN CHILD WELFARE ACT: UPHELD BY U.S. SUPREME COURT AND ENACTED INTO STATE LAW |
32-FEB Nevada Lawyer 21 (February, 2024) |
In 1978, Congress passed the Indian Child Welfare Act (ICWA) to respond to federal policy promoting removal of Indian children from their families. ICWA was established to protect the rights of Indian children and families in child welfare proceedings. The act recognizes the unique cultural heritage of tribes and seeks to preserve cultural... |
2024 |
| Paul W. Stenzel |
INDIAN LAW IN WISCONSIN: A PRIMER |
97-JUN Wisconsin Lawyer 8 (June, 2024) |
Indian tribes are unique legal entities. This article provides an overview of the 11 federally recognized tribes in Wisconsin and their relationships to and with the federal and state governments and laws. From the time it was a territory and before, there have been Native people living in what is now the state of Wisconsin. One of the earliest... |
2024 |
| Alex H. Serrurier |
INDIGENEITY IN THE CLASSROOM: AVENUES FOR NATIVE AMERICAN STUDENTS TO CHALLENGE ANTI-CRITICAL RACE THEORY LAWS |
57 Columbia Journal of Law and Social Problems 543 (2024) |
Native American students in public schools face barriers to educational achievement due to racism, prejudice, and ignorance from fellow students, teachers, and administrators. Native students have endured various forms of discrimination that range from forcible cutting of braids by peers to administrative bans on traditional regalia at graduation... |
2024 |
| Kirsten Matoy Carlson |
JUSTICE BEYOND THE STATE |
41 Alaska Law Review 45 (December, 2024) |
For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening... |
2024 |
| Cynthia Godsoe |
KINSHIP CARE AND ADOPTION MYOPIA |
76 Rutgers University Law Review 689 (Spring, 2024) |
C1-2Table of Contents Introduction. 690 I. Adoption Myopia. 698 A. History of White Saviorism & Aiming to Recreate the Normative Mainstream Nuclear Family. 699 B. Narrow View of Permanency Equated with Adoption. 704 C. Federal Funding Prioritizing Adoption. 709 II. Ill-Fit & Harm to Kinship Families. 711 A. Adoption's Poor Fit. 712 1. Problematic... |
2024 |
| Abigail Mitchell |
LEGALLY SANCTIONED TAKINGS OF BLACK CHILDREN: HOW SLAVERY REVERBERATES IN THE MODERN CHILD WELFARE SYSTEM |
26 Scholar: St. Mary's Law Review on Race and Social Justice 141 (2024) |
I. LEGALLY Sanctioned Family Separation of Enslaved Peoples. 145 A. Crafting Slavery: The Early Days. 145 B. Legislatively Sanctioned Separations. 146 C. Economics and Slavery. 147 D. Another Level of Legal Involvement: Court Sales. 148 E. Litigating Enslaved Family Separations. 149 F. Normative Frameworks Justifying Slavery and Family Preservation... |
2024 |