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ICWA and the Fundamental Right to Parent

This article summarizes and comments on the Iowa Supreme Court's decision in In re N.N.E. (June 2008), in which the court held that a portion of the Iowa Indian Child Welfare Act was unconstitutional. I describe why I agree with the case's ultimate result, but disagree with the constitutional ruling.

Boumediene v. Bush: The Suspension Clause and Guantanamo Bay

This articles summarizes the United States Supreme Court opinion in Boumediene v. Bush rendered in June 2008 about the right of Gauntanamo Bay detainees to test the legality of their detention through habeas corpus. I describe why I agree with the decision, addressing the dissenting justices and distinguishing the case from In re Quirin, a prisoner of war case from World War II.

Contested Adoption in Florida
This article summarizes a contested adoption case in Florida's Second District Court of Appeals, decided in July 2008. The unwed parents had met at a religious school they were attending in 2004, conceived a child, and became informally engaged. The mother's parents then removed the mother from the school and concealed her location from the father. The father did not know about the pregnancy until shortly before the birth. In July 2008, the Appeals Court held that the father's consent to the adoption was unnecessary on the ground of abandonment after learning of the pregnancy and during the litigation. I state my disagreement with that decision, describing procedures and precedents the court neglected to relate.

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Changing Minors' Names in Ohio

The article describes in depth the law in Ohio, as of July 1, 2008, about changing minors' surnames. The article discusses when a court other than the probate court may entertain a name change, and the factors courts consider when determining a name change, and giving notice of the application to change name to the other parent.

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When is a Registered Putative Father's Consent to Adoption Unnecessary in Ohio?

The article describes in depth the law in Ohio, as of July 1, 2008, about when probate courts find a registered putative (non-legally established) father's consent unnecessary under R.C. 3107.07 for abandonment or failure to support the mother or child adequately. The article concerns only fathers of the child who have registered timely with the Ohio Putative Father Registry.

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Special Appearance in Ohio

The article briefly describes the law in Ohio, as of July 1, 2008, about making a special appearance in Ohio (appearing in an Ohio court in a civil case without submitting to the court's jurisdiction). Ohio has abolished the special appearance procedure. Now, litigants wanting to appear specially must plead the jurisdictional or other problem under the civil rules. The article discusses the rules about doing that.

See also Erik L. Smith's article, "Putative Father Registry Deadlines and the Servicemembers' Civil Relief Act" in Air Force Law Review volume 60, September 2007, pp 175-197.