This unique interdisciplinary collection, compiled by the editors of the "University of Pennsylvania Law Review", brings together the leading essays on family law in the United States. The authors law professors, judges, public interest practitioners, and law students express a variety of viewpoints and perspectives on law and public policy issues affecting children. Children, their parents, and the state create a triangle in which the 'best interests of the child' often become lost. Covering a range of issues from child abuse, public education, and juvenile crime to drug addiction, homelessness, AIDS, and free speech, these accessible essays present rigorous debates about the rights of children within the social services, educational, health care, and criminal justice systems. Author note: Randall Humm was Articles Editor of UPLR in 1991-1992, and a law clerk for Federal Judge Sarah Evans Barker from 1992 to 1994. Beate Anna Ort was Special Projects Editor of UPLR in 1991-1992, and is an assistant general counsel with the Immigration and Naturalization Service.
Martin Mazen Anbari was Editor-in-Chief of UPLR in 1992-1993, and is a resident at the Mallinckrodt Institute of Radiology, Barnes Hospital, in St. Louis. Wendy S. Lader was Special Projects Editor of UPLR in 1991-1992, and is an attorney in Washington, D.C. William Scott Biel was Editor-in-Chief of UPLR in 1991-1992, and is an attorney with the law firm of Luce, Forward, Hamilton and Scripps in San Diego.
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Verlagsort
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Maße
Höhe: 250 mm
Breite: 150 mm
Dicke: 15 mm
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ISBN-13
978-1-56639-133-7 (9781566391337)
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Schweitzer Klassifikation
Acknowledgments Introduction The Editors Part I: Regulating the Child-Parent Relationship Section 1: Reconceptualizing the "Best Interests" of the Child 1. Awarding Custody: The Best Interests of the Child and Other Fictions Andrea Charlow 2. The Best Interests of the Child: Much Ado about Nothing? Martin Guggenheim 3. The Use of Religion as Part of the "Best Interests" Test in Child Custody Decisions Donald L. Beschle 4. Custody Denials to Parents in Same-Sex Relationships: An Equal Protection Analysis Anne I. Seidel 5. Where Do Black Children Belong? The Politics of Race Matching in Adoption Elizabeth Bartholet Section 2: The Drug Addicted Parent 6. Prosecution of Mothers of Drug-Exposed Babies: Constitutional and Criminal Theory Doretta Massardo McGinnis 7. Poor Mothers, Poor Babies: Law, Medicine and Crack Barbara Bennett Woodhouse 8. Prosecution of Mothers of Drug-Exposed Babies: A Response to McGinnis Paul A. Logli Part II: Children and the Social Service System Section 3: Child Abuse 9. In Search of Affirmative Duties toward Children under a Post-DeShaney Constitution Amy Sinden 10. DeShaney and Child Welfare Reform Cathleen Tucker and Paul Blatt Section 4: Foster Care 11. Unsafe Havens: The Case for Constitutional Protection of Foster Children from Abuse and Neglect Michael B. Mushlin 12. Making It Work: Implementation of Court Orders Requiring Restructuring of State Executive Branch Agencies Chris Hansen 13. Protection of Foster Children: A Constitutional Duty Anchored in a State's Choices? Brenda L. Kelley Section 5: Homelessness 14. Homeless Families: Do They Have a Right to Integrity? Donna Mascari Baker 15. Combating Family Homelessness to Protect Children Steven Banks 16. Do the Poor Have a Right to Family Integrity? Stephen Wizner Part III: Children and School Section 6: Access to Quality Education 17. A New Legal Duty for Urban Public Schools: Effective Education in Basic Skills Gershon M. Ratner 18. New Educational Standards and the Right to Quality Education Paul Weckstein 19. Avoiding the Limitations of the Texas and New Jersey School Finance Remedies with an Educational Adequacy Theory of School Reform Paul Minorini Section 7: Student Speech Rights 20. Hazelwood School District and the Role of First Amendment Institutions Bruce C. Hafen 21. From Consistency to Confusion: The Aftermath of Hazelwood School District v. Kuhlmeier Mark Goodman 22. Student Speech Rights: The True Meaning of Hazelwood School District v. Kuhlmeier Jay Worona Part IV: Children and Health Policy Section 8: Paying for Children's Health Care 23. Paying for Children's Medical Care: Interaction between Family Law and Health Care Cost Containment Walter J. Wadlington 24. Expanding Health Care for Children Alice Sardell and Harvey Catchen 25. Universal Access to Health Care for Children Judith Cohen Dolins, Jenifer D. C. Cartland, James G. Pawelski, and Beth K. Yudkowsky Section 9: Medical Care and Parental Autonomy 26. Medical Care for the Child at Risk: On State Supervention of Parental Autonomy Joseph Goldstein 27. Medical Care, Parental Autonomy, and Seriously Ill Newborns Joel Frader, M.D. 28. "If I Can Say Yes, Why Can't I say No?" Adolescents at Risk and the Right to Give or Withhold Consent to Health Care Jan C. Costello Section 10: AIDS and Children 29. Undoing a Lesson of Fear in the Classroom: The Legal Recourse of AIDS-Linked Children Lisa J. Sotto 30. Among Schoolchildren: AIDS, the Law, and the Public Schools Barry Sullivan 31. Moving Toward Effective HIV Policies for Youth Karla Kinderman Part V: Children and the Criminal Justice System Section 11: The Role of the Juvenile Court 32. Re-Imagining Childhood and Reconstructing the Legal Order: The Case for Abolishing the Juvenile Court Janet E. Ainsworth 33. Re-Imagining the Juvenile Court Mark I. Solen 34. Imagining Legal Scholarship: The Case for the Juvenile Court and for Teaching Juvenile Law and Procedure Hunter Hurst Section 12: Pretrial Detention 35. Schall v. Martin and Juvenile Detention Robert G. Schwartz 36. Pretrial Detention: Law and Policy from the Juvenile Court Perspective Gerald E. Radcliffe Section 13: Capital Punishment 37. Perspectives on the Juvenile Death Penalty in the 1990s Victor L. Streib 38. On the Death Penalty for Juveniles Joseph L. Hoffmann About the Contributors Index
