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.

Auteur

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.

Résumé
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.

Contenu

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