Fletcher and Singel have posted "Lawyering the Indian Child Welfare Act," forthcoming in the Michigan Law Review's upcoming symposium on civil rights lawyering. Here is the abstract:
This Essay 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 where 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 Essay is to help expose those structural issues and the ethically troublesome practices of adoption attorneys as the most important ICWA case in history, Brackeen v. Haaland, reaches the Supreme Court.
|MUST READ book:|
White Mother to a Dark Race
Settler Colonialism, Maternalism,
and the Removal of Indigenous Children
in the American West and Australia, 1880-1940
Post a Comment
Please: Share your reaction, your thoughts, and your opinions. Be passionate, be unapologetic. Offensive remarks will not be published. We are getting more and more spam. Comments will be monitored.
Use the comment form at the bottom of this website which is private and sent direct to Trace.