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Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer Sep 2019

Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer

James G. Dwyer

No abstract provided.


Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer Sep 2019

Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer

James G. Dwyer

Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children's equality, even among those who would consider themselves advocates for child welfare.


En Banc Brief Of Amici Curiae Law Professors James G. Dwyer, J. Herbie Difonzo, Jennifer A. Drobac, Deborah L. Forman, Marsha Freeman, William Ladd, Ellen Marrus, John E.B. Myers, And Deborah Paruch In Support Of The Appellees, James G. Dwyer, J. Herbie Difonzo, Jennifer A. Drobac, Deborah L. Forman, Marsha Freeman, William Ladd, Ellen Marrus, John E.B. Myers, Deborah Paruch Sep 2019

En Banc Brief Of Amici Curiae Law Professors James G. Dwyer, J. Herbie Difonzo, Jennifer A. Drobac, Deborah L. Forman, Marsha Freeman, William Ladd, Ellen Marrus, John E.B. Myers, And Deborah Paruch In Support Of The Appellees, James G. Dwyer, J. Herbie Difonzo, Jennifer A. Drobac, Deborah L. Forman, Marsha Freeman, William Ladd, Ellen Marrus, John E.B. Myers, Deborah Paruch

James G. Dwyer

No abstract provided.


Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer Sep 2019

Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer

James G. Dwyer

State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …


Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer Sep 2019

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

James G. Dwyer

No abstract provided.


Brief For Amicus Curiae Children’S Healthcare Is A Legal Duty, Tennessee Medical Association, Tennessee Chapter Amercan Academy Of Pediatrics, Prevent Child Abuse Tennessee, Pennsylvania Chapter American Academy Of Pediatrics, Prevent Child Abuse Pennsylvania, Center Fo Children's Justice Massachusetts Citizens For Children, First Star, Victor I. Vieth, And Donald Duquette, Catherine Emma Swan, A. Wayne Henry, James G. Dwyer Sep 2019

Brief For Amicus Curiae Children’S Healthcare Is A Legal Duty, Tennessee Medical Association, Tennessee Chapter Amercan Academy Of Pediatrics, Prevent Child Abuse Tennessee, Pennsylvania Chapter American Academy Of Pediatrics, Prevent Child Abuse Pennsylvania, Center Fo Children's Justice Massachusetts Citizens For Children, First Star, Victor I. Vieth, And Donald Duquette, Catherine Emma Swan, A. Wayne Henry, James G. Dwyer

James G. Dwyer

No abstract provided.


Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer Sep 2019

Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer

James G. Dwyer

No abstract provided.


Brief For Amici Curiae Children's Healthcare Is A Legal Duty, National Association Of Counsel For Children, And Nebraska Chapter, American Academy Of Pediatrics, Patrick J. Phipps, James G. Dwyer Sep 2019

Brief For Amici Curiae Children's Healthcare Is A Legal Duty, National Association Of Counsel For Children, And Nebraska Chapter, American Academy Of Pediatrics, Patrick J. Phipps, James G. Dwyer

James G. Dwyer

No abstract provided.


Brief For Amici Curiae Children's Healthcare Is A Legal Duty, Inc., West Virginia Chapter, American Academy Of Pediatrics, Inc., Center For Rural Health Development, Inc.; West Virginia Association Of Local Health Departments; Immunication Action Coalition, Inc. In Support Of Affirming Summary Judgment Granted To Defendants By The United States District Court For The Southern District Of West Virginia, Braun A. Hempstead, James G. Dwyer Sep 2019

Brief For Amici Curiae Children's Healthcare Is A Legal Duty, Inc., West Virginia Chapter, American Academy Of Pediatrics, Inc., Center For Rural Health Development, Inc.; West Virginia Association Of Local Health Departments; Immunication Action Coalition, Inc. In Support Of Affirming Summary Judgment Granted To Defendants By The United States District Court For The Southern District Of West Virginia, Braun A. Hempstead, James G. Dwyer

James G. Dwyer

No abstract provided.


Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer Sep 2019

Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer

James G. Dwyer

No abstract provided.


Amicus Brief: Commonwealth V. Nixon, James G. Dwyer Sep 2019

Amicus Brief: Commonwealth V. Nixon, James G. Dwyer

James G. Dwyer

No abstract provided.


A Child-Centered Approach To Parentage Law, James G. Dwyer Sep 2019

A Child-Centered Approach To Parentage Law, James G. Dwyer

James G. Dwyer

No abstract provided.


A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer Sep 2019

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

James G. Dwyer

No abstract provided.


A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer Sep 2019

A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer

James G. Dwyer

No abstract provided.