The Oxford Handbook of Children and the Law

ISBN : 9780190694395

James G. Dwyer
976 ページ
171 x 248 mm
Oxford Handbooks

The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.


Children and the Law: An Introduction

James G. Dwyer

Part I: Creating Children

1. The Regulation of Reproduction and Best Interests Analysis

I. Glenn Cohen

2. When Does a Right to Life Arise?

Lynn D. Wardle

3. Of Sound Mind and Body: A Call for Universal Drug Screening for All Newborns

Frank E. Vandervort and Vincent J. Palusci

Part II: Parentage

4. The Neurobiology of Childhood Psychosocial Adversity

Anne E. Berens, Sarah K. G. Jensen, and Charles A. Nelson

5. Legislation in Search of Good-Enough Care Arrangements for the Child: A Quest for Continuity of Care

Marinus H. van IJzendoorn, Marian J. Bakermans-Kranenburg, Robbie Duschinsky, and Guy C. M. Skinner

6. Screening Potential Parents

James G. Dwyer

7. Procreation and Parenting

Katharine K. Baker

8. The ART of Parentage

Naomi Cahn

9. Adoption Versus Alternative Forms of Care

Brian Sloan

10. Race and the Adoption of Children

Ralph Richard Banks

Part III: Children in Families

11. Children in Fragile Families

Sara McLanahan, Kate Jaeger, and Kristin Catena

12. Protection of the Health of Newborns: Whatever Happened to Baby Doe?

Robert Van Howe

13. Corporal Punishment and the Law in Global Perspective

Joan E. Durrant

14. Addressing Childhood Trauma: Phenomena as a Roadmap to Response

Steven Marans, Hilary Hahn, and Carrie Epstein

15. Disputes Over Medical Treatment for Children

Jonathan Herring

16. Children's Right to Privacy

Ayelet Blecher-Prigat

17. The Child Protection System

Richard J. Gelles

18. Contested Child Protection Policies

Elizabeth Bartholet

19. How Federal Laws Pertaining to Foster Care Financing Shape Child Welfare Services

Jill Duerr Berrick and Daniel Heimpel

20. Equal Parenting Time: The Case for a Legal Presumption

William V. Fabricius

21. Relational Parents: When Adults Receive Rights in Children Because of Their Relationship with a Parent

Robin Fretwell Wilson

Part IV: Children in School and Other Institutions

22. The Changing Landscape of Funding Public Elementary and Secondary Education in the United States

R. Craig Wood

23. School Accountability

Morgan Polikoff and Shira Korn

24. Race and Education: School Desegregation and Resegregation since Brown and Promising Avenues toward Integration

Raquel Muniz and Erica Frankenberg

25. Children's Religious Freedom in State Schools: Exemptions, Participation and Education

Myriam Hunter-Henin

26. The Supreme Court has Spoken: The Potential Impact of Decisions Interpreting U.S. Federal Statutes on the Education of Students with Disabilities

Thomas Hehir

27. Proposed Policies to Reduce Weapons in Schools: Based on Research from an Ecological Conceptual Model

Rami Benbenishty and Ron Avi Astor

28. Children at Risk of School Dropout

Lucinda Ferguson

29. The Intersection between Schools and the Criminal Justice System

Jason P. Nance

30. Private School Regulation: Individual Rights and Educational Responsibilities

Jeffrey Shulman

31. Legislators Should Eliminate Religious Exemptions from Laws Protecting Children

Marci A. Hamilton and Leslie C. Griffin

Part V: Children in Society

32. Considerations for Policymaking Affecting Adolescents in the Liberal Democracy

Vivian E. Hamilton

33. Children and Juvenile Justice Law: The Possibilities of a Relational-Rights Approach

Kathryn Hollingsworth

34. Gender, Justice, and Youth Development

Francine T. Sherman

Part VI: Advocating for Youth

35. Children's Participation in Decisions about Parenting Arrangements

Patrick Parkinson and Judy Cashmore

36. Reforming Child Welfare

Marcia Robinson Lowry

37. The Promises and Pitfalls of Constitutionalizing Children's Rights

Conor O'Mahony


James G. Dwyer


James G. Dwyer is Professor of Law at the College of William & Mary, where he holds the Arthur B. Hansen chair. After earning a J.D. degree at Yale Law School and a Ph.D. in political and moral philosophy from Stanford University, he practiced law in family courts in upstate New York, representing children in a variety of domestic relations and child protection cases. After two-year appointments at Chicago-Kent College of Law and the University of Wyoming School of Law, Dwyer joined the William & Mary faculty in 2000, where he teaches Family Law, Youth Law, Law & Social Justice, and Trusts & Estates. He has authored dozens of articles on children's rights, many amicus briefs in child-welfare cases in appellate courts, and a half dozen monographs--most recently Liberal Child Welfare Policy and its Destruction of Black Lives and Homeschooling: The History and Philosophy of a Controversial Practice.