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Race, Law and Family Formation in the United States: The Legal Construction of Race in Transracial Adoption Case Law
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| 자료유형 | 학위논문 |
|---|---|
| 서명/저자사항 | Race, Law and Family Formation in the United States: The Legal Construction of Race in Transracial Adoption Case Law. |
| 개인저자 | Shakeshaft, Emma S. |
| 단체저자명 | The University of Wisconsin - Madison. Sociology - LS. |
| 발행사항 | [S.l.]: The University of Wisconsin - Madison., 2017. |
| 발행사항 | Ann Arbor: ProQuest Dissertations & Theses, 2017. |
| 형태사항 | 212 p. |
| 기본자료 저록 | Dissertations Abstracts International 81-04A. Dissertation Abstract International |
| ISBN | 9781687933904 |
| 학위논문주기 | Thesis (Ph.D.)--The University of Wisconsin - Madison, 2017. |
| 일반주기 |
Source: Dissertations Abstracts International, Volume: 81-04, Section: A.
Advisor: Oliver, Pamela E. |
| 이용제한사항 | This item must not be sold to any third party vendors.This item must not be added to any third party search indexes. |
| 요약 | This dissertation examines transracial adoption legislation and case law to better understand how the legal system defines the relationships among race, culture, and family formation. The analysis focuses on two federal laws that address transracial adoption with very different viewpoints: (1) The Howard M. Metzenbaum Multiethnic Placement Act (MEPA) and its subsequent amendment, the Interethnic Adoption Provisions (IEAP), and (2) the Indian Child Welfare Act (ICWA). The ICWA requires that race, culture and political status be considered when placing Native American children into homes based on a hierarchy of placement preferences. The MEPA-IEAP, on the other hand, prohibits race-matching tactics by adoption agencies when placing children with prospective adoptive parents.This research is guided by four questions: first, how do judges define and understand race? Second, how do judges use their understandings of race to make placement decisions in transracial adoption cases after the MEPA-IEAP? Are there similarities in judicial definitions and understandings of race between ICWA cases and MEPA-IEAP cases? Finally, what theoretical contributions can be gained by comparing and contrasting ICWA and MEPA-IEAP analyses? My findings demonstrate that despite the differences between the legislative mandates of ICWA and MEPA-IEAP-- including different legislative purposes, procedural requirements, tribal sovereignty, sources of racial evidence and the distinct histories of the minority groups these laws govern -- there are also many similarities. State and federal judges in the United States are using similar processes and racial ideologies to evaluate the legal formation of interracial families.After analyzing 161 legal decisions and congressional hearing transcripts using mixed methods of content analysis, I identified three processes of judicial decision-making: racial identification & labeling, examination of cultural competency and cultural authenticity, and the evaluation of cultural literacy and contacts. Therefore, when examined side by side, ICWA and MEPA-IEAP reveal a productive site to investigate the definitions of racial group membership. |
| 일반주제명 | Sociology. Law. |
| 언어 | 영어 |
| 바로가기 | 
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