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Children and the Law, Volume 1. The State As Child Protector

Edited by: Janet W. Stevenson

ISBN13: 9780415938044
ISBN: 041593804X
Published: May 2002
Publisher: Taylor & Francis
Country of Publication: UK
Format: Hardback
Price: £115.00



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This collection of facsimile reprints brings together essays in the field of American law relating to the controversial area of children's rights, parents' rights, and state's obligations toward children. Articles discuss the major rulings concerning an array of hotly debated issues. Volume one focuses on the obligations of the state to insure the protection of children and to intervene on behalf of a child. Issues include the rights of parents to educate children, to retain custody of children and to inflict corporal and noncorporal punishment on children. This volume also covers the state's lack of obligation to intervene in the private sphere of the family, i.e. the right of the state to remain neutral in cases of abuse, threat, or in cases where decisions made by the head of a household might appear to compromise the welfare or best interests of a child.

Contents:
1. Generally ARTICLES Klicka, Christopher J. and Phillips, Douglas W., 'Why Parental Rights Laws are Necessary', Educational Leadership Vol.
55, Nov.1997, pp.80-83. Woodhouse, Barbara Bennett, 'Child Abuse, The Constitution and the Legacy of Pierce v. Society of Sisters', 78 University of Detroit Mercy Law Review 479-489 (2001).
2. Who is a Parent? A. Generally ARTICLES Holmes, Gilbert A. 'The Tie that Binds: The Constitutional Right of Children to Maintain a Relationship with Parent-Like Individuals', Vol.53 Maryland Law Review 358-411 (1994). B. The Unwed Parent ARTICLES Comment, Craig and Toni, L., 'Establishing the Biological Rights Doctrine to Protect Unwed Fathers in Contested Adoptions', Vol.
25 Florida State University Law Review 391-438 (1998). Boccaccini, Marcus T. and Willemsen, Eleanor, 'Contested Adoption and the Liberty Interest of the Child', Vol.
10 Saint Thomas Law Review 211-227 (1998). C. Persons Who are Parent-Like ARTICLES Brandon, Kristin J., Note, 'The Liberty Interests of Foster Parents and the Future of Foster Care', Vol.63 University of Cincinnati Law Review 403-437 (1994). Haury, Cassandra S., Note, The Changing American Family: A Reevaluation of the Rights of Foster Parents When Biological Rights Have Been Terminated', Vol.
35 Georgia Law Review 313-344 (2000). The State's 'Right' to Intervene in the Parent-Child relationship to Protect a Child from Harm A. Custody and Adoption of Children CASES Palmore v Sidoti, 466 US 429-434 (1984) Santosky v Kramer, 455 US 745-791 (1982) ARTICLES O'Brien, Raymond C., 'An Analysis of Realistic Due Process Rights of Children Versus Parents', Vol.
26 Connecticut Law Review 1209-1260 (1994). B. Corporal Punishment of Children by Parents or Guardians ARTICLES Bitensky, Susan H., 'The Child's Right to Humane Discipline under the U.N. Convention on the Rights of the Child: The Mandate Against All Corporal Punishment of Children', Vol.4 Loyola Poverty Law Journal 47-53 (1998). Garner, Richard, 'Fundamentally Speaking: Appliction of Ohio's Domestic Violence Laws in Parental Discipline Cases - A Parental Perspective', Vol.
30 Toledo Law Review 1-29 (1998) Orentlicher, David. 'Spanking and Other Corporal Punishment of Children by Parents: Overvaluing Pain, Undervaluing Children', Vol.
35 Houston Law Review 147-185 (1998). C. Parent's of Medical Treatment for Children ARTICLES Wadlington, Walter., 'Medical Decision Making for and by Children: Tensions Between Parent, State and Child', 1994 University of Illinois Law review 311-336 (1994). Lederman, An