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Full-Text Articles in Family Law
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 …
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.
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 …
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.
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer
James G. Dwyer
No abstract provided.
Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer
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 …
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
James G. Dwyer
No abstract provided.
A Child-Centered Approach To Parentage Law, James G. Dwyer
A Child-Centered Approach To Parentage Law, 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
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
James G. Dwyer
No abstract provided.
Family Structure, Children, And Law, Vivian E. Hamilton
Family Structure, Children, And Law, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
A Constitutional Right To Home Instruction?, Neal Devins
A Constitutional Right To Home Instruction?, Neal Devins
Neal E. Devins
No abstract provided.