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Articles 1 - 30 of 6618

Full-Text Articles in Family Law

Which Side Are You On?, James G. Dwyer Sep 2019

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 Sep 2019

Victory By Litigation Would Be Hollow: Front Burner, James G. Dwyer

James G Dwyer

No abstract provided.


The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer Sep 2019

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 Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer Sep 2019

The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, 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 Sep 2019

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 ...


The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer Sep 2019

The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer

James G Dwyer

No abstract provided.


Setting Standards For Parenting - By What Right?, James G. Dwyer Sep 2019

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 ...


Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer Sep 2019

Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer

James G Dwyer

No abstract provided.


Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer Sep 2019

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.


Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer Sep 2019

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 Sep 2019

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 ...


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 Sep 2019

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.


Parental Entitlement And Corporal Punishment, James G. Dwyer Sep 2019

Parental Entitlement And Corporal Punishment, James G. Dwyer

James G Dwyer

No abstract provided.


Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer Sep 2019

Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer

James G Dwyer

No abstract provided.


Jailing Black Babies, James G. Dwyer Sep 2019

Jailing Black Babies, James G. Dwyer

James G Dwyer

No abstract provided.


Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer Sep 2019

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

James G Dwyer

No abstract provided.


First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer Sep 2019

First Parents: Reconceptualizing Newborn Adoption, 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.


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.


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 ...


Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer Sep 2019

Children’S Welfare And The State’S Fiduciary Responsibility, 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.


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.


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.


Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, James G. Dwyer Sep 2019

Adopted Couple V. Baby Girl: Erasing The Last Vestigates Of Human Property, 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.


Will Marriage Promotion Work?, Vivian E. Hamilton Sep 2019

Will Marriage Promotion Work?, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton Sep 2019

The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian E. Hamilton

Vivian E. Hamilton

Age at marriage has for decades been the strongest and most unequivocal predictor of marital failure. The likelihood of divorce nears eighty percent for those who marry in mid-adolescence, then drops steadily. Delaying marriage until the mid-twenties reduces one’s likelihood of divorce to thirty percent. Women who marry at age twenty-one or younger, moreover – and one in ten U.S. women do – experience worse mental and physical health, attain less education, and earn lower wages than those who marry later. Post-divorce, they and their children tend to endure even greater economic deprivation and instability than do never-married mothers, who ...


Why We Should Raise The Marriage Age, Vivian E. Hamilton Sep 2019

Why We Should Raise The Marriage Age, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.