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Articles 1 - 30 of 44
Full-Text Articles in Entire DC Network
Which Side Are You On?, James G. Dwyer
Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer
Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer
James G. Dwyer
No abstract provided.
The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer
The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer
James G. Dwyer
Some tout parental school choice as a strategy for promoting, among other school-related goods, educational innovation. This Article offers clarifying and skeptical thoughts about that position. It first explains what “educational innovation” and “parental choice” mean. It then considers what limitations on this strategy might arise from existing legal regulations, from market forces, or from ethical obligations to children. Finally, the Article explains why parental choice is also unlikely to improve education for the children most in need of a better academic environment and suggests an alternative approach to student reassignment that is much more likely to do so.
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer
James G. Dwyer
No abstract provided.
The Liberal State's Response To Religious Visions Of Education, James G. Dwyer
The Liberal State's Response To Religious Visions Of Education, James G. Dwyer
James G. Dwyer
No abstract provided.
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
James G. Dwyer
No abstract provided.
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
James G. Dwyer
No abstract provided.
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer
James G. Dwyer
No abstract provided.
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
James G. Dwyer
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
Setting Standards For Parenting - By What Right?, James G. Dwyer
Setting Standards For Parenting - By What Right?, James G. Dwyer
James G. Dwyer
Mental health professionals, like other professionals involved in family
matters, feel constrained when advocating for the interests of children by the belief
that parents are entitled to custody and control of their children's lives, regardless of
what others may think of their parenting behavior, absent severe harm to the children.
This belief is morally untenable, and the legal doctrine of parental rights that is its
concrete embodiment is inconsistent with other well-established legal principles and
should be abandoned. Children alone should have legal rights in connection with their
upbringing, and those rights should include an entitlement to much higher standards …
Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer
Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer
James G. Dwyer
No abstract provided.
Same-Sex Marriage And The Constitution: Let's Change The Law The Right Way, James G. Dwyer
Same-Sex Marriage And The Constitution: Let's Change The Law The Right Way, James G. Dwyer
James G. Dwyer
No abstract provided.
School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer
School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer
James G. Dwyer
No abstract provided.
School Accountability And ‘High Stakes’ Testing, James G. Dwyer
School Accountability And ‘High Stakes’ Testing, James G. Dwyer
James G. Dwyer
No abstract provided.
Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer
Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer
James G. Dwyer
The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.
Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …
Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer
Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer
James G. Dwyer
No abstract provided.
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer
James G. Dwyer
No abstract provided.
Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer
Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer
James G. Dwyer
No abstract provided.
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer
James G. Dwyer
The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …
Parental Entitlement And Corporal Punishment, James G. Dwyer
Parental Entitlement And Corporal Punishment, James G. Dwyer
James G. Dwyer
No abstract provided.
No Place For Children: Addressing Urban Blight And Its Impact On Children Through Child Protection Law, Domestic Relations Law, And "Adult-Only" Residential Zoning, James G. Dwyer
James G. Dwyer
No abstract provided.
Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer
Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer
James G. Dwyer
No abstract provided.
No Accounting For School Vouchers, James G. Dwyer
No Accounting For School Vouchers, James G. Dwyer
James G. Dwyer
No abstract provided.
Funding Religion In A Post-Zelman World, James G. Dwyer
Funding Religion In A Post-Zelman World, James G. Dwyer
James G. Dwyer
No abstract provided.
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
James G. Dwyer
No abstract provided.
Introductory Remarks: Property Law, James G. Dwyer
Introductory Remarks: Property Law, James G. Dwyer
James G. Dwyer
No abstract provided.
Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer
Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer
James G. Dwyer
No abstract provided.
Jailing Black Babies, James G. Dwyer
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
James G. Dwyer
No abstract provided.
Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer
Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer
James G. Dwyer
No abstract provided.