Posts Tagged ‘adoption’

Save the date: adoption and foster care conference at Cato July 19

Details and registration here:

Panelists include Walter Olson, Senior Fellow, Cato Institute, Robert A. Levy Center for Constitutional Studies; Stephanie Barclay, Assistant Professor, J. Reuben Clarke School of Law, Brigham Young University; formerly Legal Counsel, Becket Fund for Religious Liberty; Sarah Warbelow, Legal Director, Human Rights Campaign; Robin Fretwell Wilson, Roger and Stephany Joslin Professor of Law, University of Illinois College of Law; Elizabeth Bartholet, Morris Wasserstein Public Interest Professor of Law, Harvard Law School; Faculty Director, Child Advocacy Program; Margaret Brinig, Fritz Duda Family Chair in Law, Notre Dame School of Law; Mark Montgomery, Professor of Enterprise and Leadership, Grinnell College; coauthor, Saving International Adoption: An Argument from Economics and Personal Experience; Irene Powell, Professor of Economics, Grinnell College; coauthor, Saving International Adoption: An Argument from Economics and Personal Experience; and Ryan Hanlon, Vice President of Education, Research, and Constituent Services, National Council for Adoption.

America has developed its own decentralized and pluralist approach to adoption, with a wide variety of both private and public actors helping match children with the families they need along several paths: adoption of older children in public care, including the foster-to-adopt path; adoption of newborns; and international adoption. But services for children in public care have been swept up in controversy over what if any role is appropriate for religious and other agencies that decline to work with gay parents or that give preference to cobelievers. The rate of international adoption, once hailed as a success, has plunged in recent years. Meanwhile, the domestic foster care system has long been beset by policy challenges.

How can government policy best avoid placing obstacles in the way of finding permanent homes for children? Are there ways to respond to legitimate concerns about international adoption, such as official corruption, that do not simply close down that process? What is the role of pluralism, and can groups with differing objectives and fundamental premises work side by side?

Cato’s half-day conference, featuring keynote speaker Elizabeth Bartholet, a Harvard law professor and noted adoption expert, will air a variety of informed views. Topics will include the conflict between LGBT advocates and some conservative religious agencies over the latter’s participation in state child placement systems; sources and possible solutions of the crisis in international adoption; and the proper role and practical effect of birth mother choice.

May 16 roundup

  • “A Lawyer Who Helped an Exoneree Blow Through $750,000 Is Under Investigation” [Joseph Neff, Marshall Project]
  • Department of State agency accreditation delays help worsen decline in international adoption [Kim Phagan-Hansel, Chronicle of Social Change]
  • Fifth Circuit affirms sanctions award against ADA attorney Omar Rosales over “reprehensible misconduct” including “fabricating evidence” and “fraud on the court.” [Deutsch v. Phil’s Icehouse]
  • Baltimore’s school mismanagement, GOP delegates cool on beer reform, non-citizen voting, Metro subway decay and more in my new Maryland roundup [Free State Notes]
  • Eccentric English judge of olden days: “The Incoherence of Serjeant Arabin” [Bryan A. Garner]
  • “L.A. Lawmakers Looking To Take Legal Action Against Google For Not Solving Long-Running City Traffic Problems” [Tim Cushing, TechDirt on controversy over Waze routing of traffic onto steep-graded street]

March 21 roundup

  • Popehat’s Patrick tells the story of how, representing a bank, he resisted a serial litigant rather than pay her off [Twitter thread]
  • News of suits motivated by attorneys’ fees may be slow to reach Harvard [“Bill of Health”, dismissing “idea of opportunistic lawsuits to enforce the ADA” as “somewhat farfetched” since federal law does not grant damages]
  • Tim Sandefur on the Indian Child Welfare Act [Cato Regulation magazine, earlier]
  • $3.5 million gift from leading trial lawyer Elizabeth Cabraser launches new Berkeley Center for Consumer Law and Economic Justice [Berkeley Law School]
  • “The South African government will soon discover the extremely complex technical headache of expropriating land without compensation.” [Johann Kirsten and Wandile Sihlobo, Quartz]
  • Speak not of trolls: “Lawyer who filed 500-plus copyright cases in federal court calls $10K sanction ‘judicial error'” [ABA Journal]

January 24 roundup

  • Bryan Caplan and Arthur Brooks on international adoption, the Hague Convention, and Type I and Type II error [Caplan/EconLog, Brooks/NYT]
  • It’s about the pecking order: enrolling a 3-month-old chicken in a “distinguished lawyer” marketing program [Conrad Saam]
  • West Baltimore police checkpoints, Montgomery County rent control proposals, taxes, regulations, gerrymandering and more in my latest Maryland policy roundup [Free State Notes]
  • Also from me: with Oprah Winfrey in the news, I recall the time I was on her talk show [Frederick News-Post]
  • Yet more from me: as part of a Reason symposium on Trump’s first year, his administration’s centrist course on gay issues;
  • More work for age discrimination lawyers? “The New York Times is looking for young writers” for paid positions according to its ad [archived original, and updated current page with legally safer wording, via @jackshafer]
  • “Copyright Troll Gets Smacked Around By Court, As Judge Wonders If Some Of Its Experts Even Exist” [Tim Geigner, TechDirt]

November 16 roundup

September 7 roundup

  • Bad Texas law requiring breweries to give away territorial rights for free violates state constitution, judge says [Eric Boehm]
  • California’s identity theft statute bans so many more things than just identity theft [Eugene Volokh]
  • Cato Unbound symposium on Indian Child Welfare Act/ICWA, to which I contributed, wraps up [Timothy Sandefur on sovereignty and fixes] Minnesota’s Indian foster care crisis [Brandon Stahl and MaryJo Webster, Minneapolis Star-Tribune]
  • If you want to hear me translated into Arabic on bathroom and gender issues, here you go [Al-Hurra back in May]
  • Asset forfeiture: “New Mexico Passed a Law Ending Civil Forfeiture. Albuquerque Ignored It, and Now It’s Getting Sued” [C.J. Ciaramella] “IRS Agrees to Withdraw Retaliatory Grand Jury Subpoena Against Connecticut Bakery” [Institute for Justice] “California Asset Forfeiture Reform Heading to Approval” [Scott Shackford]
  • Evergreen: “‘I never thought leopards would eat MY face,’ sobs woman who voted for the Leopards Eating People’s Faces Party.” [Adrian Bott]

Indian Child Welfare Act symposium at Cato Unbound

I’m one of four participants in a symposium at Cato Unbound this month on the Indian Child Welfare Act. Timothy Sandefur (Goldwater Institute) writes the principal paper to which I respond; other responders include Profs. Matthew L. M. Fletcher (Michigan State) and Kristen Carpenter (Colorado). Earlier coverage of the Indian Child Welfare Act here. Excerpt from my contribution:

Someday we might want to design a legal regime that minimizes state intrusion into families, limits the discretion of faraway bureaucrats, and empowers parents by clarifying their rights. But ICWA sure isn’t it. It’s a power play that’s meant to serve the interests of one governmental actor on the scene, the tribe. It regards children and parents as tribal resources to be conscripted, and it designates a vastly overbroad group of children to grab as “Indian children,” the better to maximize resource intake.

July 14 roundup

  • “‘Ding Dong Ditch’ Left Shorewood Insurance Agent an Emotional Wreck: Lawsuit” [Joliet, Ill., Patch]
  • “Why Lawyers Should Be on Twitter – And Who You Should Be Following” [Kyle White, Abnormal Use]
  • “New GMO law makes kosher foods harder to find” [Burlington Free Press, Vermont]
  • “The Justice Is Too Damn High! Gawker, The High Cost of Litigation, and The Weapon Shops of Isher” [Jeb Kinnison]
  • Wisconsin judge uses guardian ad litem to break up uncontested surrogacy, dissolves both old and new parental rights, now wants Gov. Scott Walker’s nod for state supreme court vacancy [Jay Timmons, Patrick Marley/Milwaukee Journal-Sentinel; legal orphanization of kid averted when new judge revoked orders in question]
  • Ninth Circuit affirms sanctions against copyright troll crew Prenda Law [Popehat, our coverage]

April 6 roundup

  • Do lawyers find ways to litigate over the effects of the leap day, Feb. 29, that is inserted into the calendar every four years? Glad you asked [Kyle White, Abnormal Use]
  • Weren’t regulations supposed to have fixed this, or is it that accommodation rules for air transport are legally separate from those for ordinary commerce? “More flights seeing odd animals as emotional support companions” [WHIO]
  • Tiny desk and art magnets: Zen Magnets wins partial but important legal victory against Consumer Product Safety Commission (CPSC) [Zen Magnets, Nancy Nord, earlier]
  • Federal government, which has passed no law on private-sector LGBT bias, considers withholding funds to punish North Carolina for declining to have one [New York Times; earlier on Obama EEOC’s wishful effort to generate such coverage through reinterpretation of other law]
  • Spirit of trade barriers: Nevada workers walk off job to protest use of workers from other U.S. states [Alex Tabarrok] Expansion of foreign trade “has revealed, not created, problems in the American economy” [Scott Lincicome] More: “Limiting trade with low-wage countries as severely as Sanders wants to would hurt the very poorest people on Earth. A lot.” [Zack Beauchamp, Vox; related Jordan Weissmann, Slate (what Sanders told NYDN “should be absolutely chilling to the developing world… inhumane”)]
  • Latest ICWA (Indian Child Welfare Act) cause célèbre is over 6-year-old Lexi, whose world is getting upended because of her 1.5% Choctaw descent (a great-great-great-great grandparent on her father’s side) [Christina Sandefur/Federalist Society blog, Naomi Schaefer Riley, New York Post earlier generally on ICWA and in my writing at Reason and Cato on the Adoptive Couple case]

George Will on the Indian Child Welfare Act

“Identity politics can leave a trail of broken bodies and broken hearts… [ICWA treats] children, however attenuated or imaginary their Indian ancestry, as little trophies for tribal power.” George Will (alternate link) on a law I’ve also written about, the Indian Child Welfare Act:

The act empowers tribes to abort adoption proceedings, or even take children from foster homes, solely because the children have even a minuscule quantum of American Indian blood. Although, remember, this act is supposedly not about race….

In final adoption hearings in Arizona, a judge asks, “Does this child contain any Native American blood?” It is revolting that judicial proceedings in the United States can turn on questions about group rights deriving from “blood.”… This is discordant with the inherent individualism of the nation’s foundational natural rights tradition, which is incompatible with the ICWA. It should be overturned or revised before more bodies and hearts are broken.