Digital Commons Network^™

Which Side Are You On?, James G. Dwyer

James G. Dwyer

No abstract provided.

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

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

James G. Dwyer

No abstract provided.

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

James G. Dwyer

No abstract provided.

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

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

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

James G. Dwyer

No abstract provided.

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

James G. Dwyer

No abstract provided.

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

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

James G. Dwyer

No abstract provided.

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

James G. Dwyer

No abstract provided.

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

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

James G. Dwyer

No abstract provided.

No Accounting For School Vouchers, James G. Dwyer

James G. Dwyer

No abstract provided.

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

James G. Dwyer

No abstract provided.

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

James G. Dwyer

No abstract provided.

Jailing Black Babies, James G. Dwyer

James G. Dwyer

No abstract provided.

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

James G. Dwyer

No abstract provided.