{"id":842,"date":"2013-11-03T20:47:02","date_gmt":"2013-11-04T00:47:02","guid":{"rendered":"https:\/\/www.bu.edu\/bulawreview\/?page_id=842"},"modified":"2017-10-27T16:20:25","modified_gmt":"2017-10-27T20:20:25","slug":"foreword-perspectives-adoptivecouple","status":"publish","type":"page","link":"https:\/\/www.bu.edu\/bulawreview\/bulronline\/foreword-perspectives-adoptivecouple\/","title":{"rendered":"Editor’s Foreword for Perspectives on Adoptive Couple v. Baby Girl"},"content":{"rendered":"

\"Perspectives_Baby<\/a><\/h1>\n

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Annex: Perspectives <\/sup>is an initiative by the<\/i> Boston University Law Review <\/sup>to provide a new online publication whereby its readership can <\/sup>engage with legal problems from multiple viewpoints. <\/i>Perspectives <\/sup>will be a series of month-long discussions <\/sup>centered on a single topic, with each discussion consisting <\/sup>of a series of short articles by <\/sup>various scholars. The goal of <\/i>Perspectives is to <\/sup>present scholarship that stimulates <\/sup>further investigation into each topic by offering a brief, digestible <\/sup>discussion, while providing our <\/sup>readers with an appreciation for the intricacy <\/sup>of the problem. The scholarship in <\/i>Perspectives <\/sup>will not provide the reader with all of the detail necessary <\/sup>to claim expertise, but rather, it will <\/sup>present what experts find to <\/sup>be the most interesting and important aspects of <\/sup>the legal problem. The <\/sup><\/i>Boston University Law Review hopes that reading <\/i>Perspectives is <\/sup>both enlightening and <\/sup>enjoyable.<\/i><\/p>\n

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Editor\u2019s Foreword<\/a><\/h2>\n

For <\/sup>the Boston University Law Review<\/i>\u2019s inaugural edition of Annex: Perspectives<\/i>, we <\/sup>are excited to present four reflections on the recent Supreme <\/sup>Court decision, Adoptive Couple v. Baby Girl<\/i>.1<\/sup> As evidenced <\/sup>by the Court\u2019s five to four decision, as well as the more than <\/sup>thirty amicus briefs filed, Adoptive Couple <\/i>has been, and <\/sup>continues to be, a source of great disagreement. <\/sup>The dispute over who should <\/sup>be awarded custody of Baby Veronica was littered with issues, <\/sup>including how to interpret the language <\/sup>of the Indian Child Welfare Act (ICWA), how to <\/sup>incorporate the best interest of the <\/sup>child doctrine, how to determine who is a parent, and how to determine <\/sup>what a biological parent must do to gain <\/sup>parental rights. Some have <\/sup>called this decision a great victory <\/sup>for children, while others see Adoptive Couple <\/i>as a retreat from the consistent <\/sup>enforcement of the ICWA. The Law Review <\/i>is <\/sup>happy to present <\/sup>the perspectives of Professors Barbara <\/sup>Ann Atwood, James G. Dwyer, Naomi Cahn <\/sup>and June Carbone, and Matthew L.M. Fletcher and Kathryn E. Fort on <\/sup>this issue.<\/p>\n

Perspective I: Hard <\/span>Facts, Muddled Law: Decyphering the Baby Veronica Decision<\/a><\/strong><\/p>\n

Professor Barbara Ann <\/sup>Atwood is the Mary Anne Richey Professor Emerita of Law and Director <\/sup>of the Family and Juvenile Certificate Program at the University of Arizona: <\/sup>James E. Rogers School of Law. Prof. <\/sup>Atwood is not only an expert on family law and ICWA, but she <\/sup>also was one of the lead authors for the Amicus <\/sup>Brief of the American Civil Liberties Union and the ACLU of South Carolina in Support of <\/sup>Respondents<\/i>.<\/p>\n

Perspective II: Adoptive <\/span>Couple v. Baby Girl: \u00a0Erasing the Last Vestiges of Human Property<\/a><\/strong><\/p>\n

Professor James G. <\/sup>Dwyer is the Arthur B. Hanson Professor of Law at William & Mary Law School. <\/sup>As an expert on family and adoption Law, Professor <\/sup>Dwyer is known for his prolific scholarship where <\/sup>he advocates for more child-centric legal <\/sup>norms.<\/p>\n

Perspective III: Who\u2019s the <\/span>Father?<\/a><\/strong><\/p>\n

Professor Naomi Cahn is the Harold H. Greene Professor <\/sup>of Law at The George Washington University Law School, a Senior <\/sup>Fellow at the Evan B. Donaldson Adoption Institute, <\/sup>and a member of the Yale Cultural Cognition <\/sup>Project. She is an expert on family law, feminist <\/sup>jurisprudence, and reproductive technology. Professor <\/sup>June Carbone is the Robina Chair in Law, Science and Technology at the University <\/sup>of Minnesota Law School. She is an expert <\/sup>on family law, bioethics, and assisted <\/sup>reproduction.<\/p>\n

Perspective IV: Indian Children and <\/span>Their Guardians ad Litem<\/a><\/strong><\/p>\n

Professor Matthew L.M. Fletcher is a Professor <\/sup>of Law, the Director of the Indigenous Law & Policy Center at Michigan <\/sup>State University College of Law, and the Chief <\/sup>Justice of the Poarch Band of Creek Indians Supreme <\/sup>Court, and an appellate <\/sup>judge for the Pokagon Band of Potawatomi Indians, the Hoopa <\/sup>Valley Tribe, and the Nottawaseppi <\/sup>Huron Band of Potawatomi Indians. Professor <\/sup>Kathryn E. Fort is the Interim Co-Director, Staff Attorney, and Adjunct <\/sup>Professor at the Indigenous Law & Policy Center <\/sup>at Michigan State University College of <\/sup>Law.\u00a0 She is an expert on the ICWA and <\/sup>teaches classes on federal Indian <\/sup>law.<\/p>\n

The Boston University <\/sup>Law Review<\/i> is thrilled to publish the following <\/sup>varied and outstanding perspectives. We would like to thank each of our contributors, as well <\/sup>as Professors Linda McClain and James <\/sup>Fleming for their enthusiasm and support for this <\/sup>initiative. Thank you as well to last year\u2019s <\/sup>editorial board that helped <\/sup>conceive of and frame this <\/sup>project. Finally, Annex: Perspectives <\/sup><\/i>would not be possible without <\/sup>the dedicated and diligent work of the <\/sup>Law Review<\/i>\u2019s staff and editorial <\/sup>board. <\/sup><\/p>\n

\n

Eric J. Gorin-Regan<\/p>\n

Online Editor<\/p>\n

Boston University Law Review<\/i><\/p>\n


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<\/a>[1] \u00a0Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013).<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

  Annex: Perspectives is an initiative by the Boston University Law Review to provide a new online publication whereby its readership can engage with legal problems from multiple viewpoints. Perspectives will be a series of month-long discussions centered on a single topic, with each discussion consisting of a series of short articles by various scholars. […]<\/p>\n","protected":false},"author":7044,"featured_media":0,"parent":1990,"menu_order":63,"comment_status":"closed","ping_status":"closed","template":"page-templates\/no-sidebars.php","meta":[],"_links":{"self":[{"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/pages\/842"}],"collection":[{"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/users\/7044"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/comments?post=842"}],"version-history":[{"count":23,"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/pages\/842\/revisions"}],"predecessor-version":[{"id":2033,"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/pages\/842\/revisions\/2033"}],"up":[{"embeddable":true,"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/pages\/1990"}],"wp:attachment":[{"href":"https:\/\/www.bu.edu\/bulawreview\/wp-json\/wp\/v2\/media?parent=842"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}