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Professor Stolzenberg on State Involvement with a Child's Best Interests

by John Cannan on 2024-10-08T09:35:00-04:00 in Family Law | 0 Comments

 

Professor Emily Stolzenberg’s new article, Tribes, States, and Sovereigns' Interest in Children, 102 N.C. L. REV. 1093 (May 2024), uses opposition to Indian Child Welfare Act (ICWA) to investigate the scope of a political community's interests in children. In doing so, her analysis shows that that a community's interests can conflict with those of a child. This possibility demonstrates a need for identifying and managing such conflicts.  Professor Stolzenberg proposes a framework for assessing the ICWA and other issues involved with state involvement with a child’s best interests.


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