gavel.

Adoptee Rights and Adoption Annulment

By Gregory Luce

Annulling or legally ending an adoption is not a new concept, but it has rarely applied to the benefit of adopted people. Instead, informal practices, as well as specific legal frameworks dating back more than 100 years, have long-supported a “right of return” policy for adoptive parents who no longer feel an adoption is beneficial or even desired.

Activists within today’s adoptee rights movement, however, are working to establish a right to end a person’s own adoption by building on what has long existed in the law for adoptive parents, but refocusing it on the specific demands for autonomy of adopted people, particularly those who do not view adoption to be in their best interests.

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Empty hospital bed.

Native Reproductive Justice: Practices and Policies from Relinquishment to Family Preservation

By Lauren van Schilfgaarde

Adoption can be, and frequently is, a celebrated extension of kinship ties within Native communities. But we cannot ignore the historical context of adoption as a tool to empty tribal communities and delete tribal cultures. Nor can we ignore the historical context of the simultaneous deprivation and weaponization of reproductive health care, both of which deny Native women reproductive self-determination. 

It is these contexts in which anti-abortion proponents seek to ameliorate the further denial of health care through increased adoption. The proposal is eerily familiar. 

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Broken chain.

The Indian Child Welfare Act: Preserving Families Is in Children’s Best Interests

By Kathryn E. Fort

On February 28, 2022, the Supreme Court accepted one of the most consequential federal Indian law cases in decades, a direct constitutional challenge to the Indian Child Welfare Act (ICWA). This challenge, brought by three states and three foster families, intends to not just dismantle a gold standard law in child protection, but all of federal Indian law. The plaintiffs who brought this case are not interested in improving the child protection system, or finding ways to support promising practices, or ensuring the resiliency for Native children affected by trauma. This case is about an attempt to dismantle the current federal protections for tribal governments, tribal citizenship, and tribal sovereignty. The case does so by ignoring the best interests of Native children and the voices of a uniquely unified Indian Country

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Nurse weighs baby in the nursery of the Cairns General Hospital at the FSA (Farm Security Administration) farm workers' community. Eleven Mile Corner, Arizona.

The Racialized History of Adoption Practice

By Rickie Solinger

The racial and gender coercions at the heart of adoption clarify the violence inherent in Justice Amy Coney Barrett’s wish to revitalize adoption in America as a substitute for abortion.  

The mass practice of adoption, which started in the U.S. in the post-World War II era, pressed white unwed mothers to surrender their babies to a four-faceted cause: preserving the face of white chastity in the era of emergent feminism; bolstering the fraying institutions of white male authority; reinscribing the hegemony of the white family (as this institution, itself, began to weaken); and crucially, underscoring the difference between Black and white.

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KYIV, UKRAINE - Feb. 25, 2022: War of Russia against Ukraine. A residential building damaged by an enemy aircraft in the Ukrainian capital Kyiv.

Misplaced Skepticism on Accountability for War Crimes Against Health Care in Ukraine

By Leonard Rubenstein

Russian attacks on hospitals, ambulances, and health workers in Ukraine — including more than 180 attacks confirmed by the World Health Organization, and double that number reported by the Ministry of Health — have gained global attention. In one case, viral photos document the evacuation of pregnant women, including one on a stretcher who later died, from a maternity hospital in Mariupol destroyed by Russian shelling. It is likely that investigations will show that many of these acts are war crimes. Accountability for these crimes must be pursued.

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United States Capitol Building - Washington, DC.

Psychedelic Policy on the Federal Level: Key Takeaways from a Petrie-Flom Center Panel

By James R. Jolin

To navigate the myriad interests and stakes involved in creating federal psychedelic policy, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School convened a virtual panel discussion with three leading psychedelic policy advocates.

The conversation was situated against the backdrop of the “psychedelics renaissance” in the United States, which has been fueled by a wave of local and state legislation reducing or eliminating the criminal penalties associated with these substances.

Though many localities have made significant strides in addressing the legal questions surrounding psychedelic substances such as psilocybin and dimethyltryptamine (DMT), federal policymakers have not pursued similar initiatives.

Suggestions and considerations for federal psychedelic policy thus formed the substance of the discussion among the panelists:

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Open front door.

Re-Imagining Work in the Post-Pandemic Era: An Arendtian Lens

By Xochitl L. Mendez

The coronavirus pandemic changed the world in countless ways, and for a moment it challenged the pre-pandemic separation of — in Hannah Arendt’s terms — the Private and the Public. To Arendt, the Public is defined as the sole realm where a human can live in full, as a person integral and part of a community as an equal. Being human is only fully procurable by the presence that a person achieves when acting among others. Contrastingly, to Arendt the Private is a shadowy space without the sufficient worth to merit “being seen or heard” by others. The Private is also the place where toiling with the endless necessities of providing for one’s body resides.

The COVID-19 pandemic challenged this separation. As many people and their loved ones fell seriously ill, an overwhelming portion of our nation found themselves for the first time living a struggle that previously was familiar mainly to those who suffer from chronic medical conditions. Millions were locked down and marooned at home — a radically novel experience to many, yet one that is sadly commonplace to a considerable number of individuals who live with disability and illness every day. Large portions of the workforce found themselves restricted to working remotely — a reality habitual to individuals who lack access to the workplace. All of these experiences suddenly stopped being private experiences — they became critical concerns discussed by a citizenry of equals, worth “being seen or heard” by others, and demanding policy and political action.

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Female freelance programmer in modern headphones sitting in wheelchair and using computers while coding web game at home.

Injustice Anywhere: The Need to Decouple Disability and Productivity

By Brooke Ellison

There is a profound need to deconstruct and actively reconstruct the interpretation of disability as it is currently understood.

The current framing of disability as inability — whether an inability to be employed or otherwise — has utterly failed not only people with disabilities, but also the communities in which they live.

This perception of disability is a relic of attitudinal and policy structures put into place by people who do not live with disability themselves: people who may have been ignorant to the virtues that living with disability engenders.

Current calls for attention to a disability bioethics or a disability epistemology have heralded not only highlighting, but also actively promoting, the qualities, leadership skills, and valuable character traits associated with surviving and thriving in a world fundamentally not set up for one’s own needs.

Before any meaningful movement can be made when it comes to the employment of people with disabilities — whether in the form of workplace accommodations, flexible work settings, recruitment practices, or limitations on earnings — the underlying assumption about the value of their presence in the workforce needs to change.

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Washington DC 09 20 2021. More than 600,000 white flags honor lives lost to COVID, on the National Mall. The art installation " In America: Remember" was created by Suzanne Brennan Firstenberg.

Depoliticizing Social Murder in the COVID-19 Pandemic

­­By Nate Holdren

Lire en français.

The present pandemic nightmare is the most recent and an especially acute manifestation of capitalist society’s tendency to kill many, regularly, a tendency that Friedrich Engels called “social murder.” Capitalism kills because destructive behaviors are, to an important extent, compulsory in this kind of society. Enough businesses must make enough money or serious social consequences follow — for them, their employees, and for government. In order for that to happen, the rest of us must continue the economic activities that are obligatory to maintain such a society.

That these activities are obligatory means capitalist societies are market dependent: market participation is not optional, but mandatory. As Beatrice Adler-Bolton has put it, in capitalism “you are entitled to the survival you can buy,” and so people generally do what they have to in order to get money. The predictable results are that some people don’t get enough money to survive; some people endure danger due to harmful working, living, and environmental conditions; some people endure lack of enough goods and services of a high enough quality to promote full human flourishing; and some people inflict the above conditions on others. The simple, brutal reality is that capitalism kills many, regularly. (The steadily building apocalypse of the climate crisis is another manifestation of the tendency to social murder, as is the very old and still ongoing killing of workers in the ordinary operations of so many workplaces.)

The tendency to social murder creates potential problems that governments must manage, since states too are subject to pressures and tendencies arising from capitalism. They find themselves facing the results of social murder, results they are expected to respond to, with their options relatively constrained by the limits placed on them by capitalism. Within that context governments often resort to a specific tactic of governance: depoliticization.

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