Oxford Handbook of Children and the Law

The Oxford Handbook of Children and the Law presents cutting-edge interdisciplinary scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in each area. Authors present and analyze 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, ART, and surrogacy); infant development; child maltreatment (including corporal punishment and religious defences to abuse and neglect); the child protection system and foster care; child custody disputes between parents; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulating private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. It is an essential resource for scholars and professionals interested in the intersection of children and the law.

List of contents

• 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 Muñiz 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


• Afterword


• James G. Dwyer

About the author

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.

Summary

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.

Product details

• Authors: James G. Dwyer, James G. (Professor Dwyer, Prof. James G. (Professor Dwyer
• Assisted by: James G. Dwyer (Editor), Dwyer James G. (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 31.12.2019
• EAN: 9780190694395
• ISBN: 978-0-19-069439-5
• No. of pages: 960
• Series: Oxford Handbooks
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Family Law / Children, LAW / Child Advocacy, Social Law, Family law: children, Social law and Medical law