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Smith's Last Stand? Free Exercise And Foster Care Exceptionalism, James G. Dwyer
Smith's Last Stand? Free Exercise And Foster Care Exceptionalism, James G. Dwyer
Faculty Publications
Part I first situates Fulton [Fulton v. City of Philadelphia] within two broader contexts—the clash between social equality rights for sexual minorities and religious freedom, and a pattern of eliding children from legal contests over their lives. It then explains why the standard constitutional framing of social equality versus religious freedom contests is improper when the state is acting as guardian and proxy for children or other non-autonomous persons. Part II sets out a proper framework for analyzing these conflicts, elucidating the scope and nature of the state’s parens patriae authority—a lacuna in constitutional jurisprudence. Part III applies …
Verified Amended Complaint By Next Friend James Dwyer Against Defendants Norfolk Department Of Human Services (Ndhs), James G. Dwyer
Verified Amended Complaint By Next Friend James Dwyer Against Defendants Norfolk Department Of Human Services (Ndhs), James G. Dwyer
Faculty Publications
No abstract provided.