How can we end the inter-generational cycle of poverty and dysfunction in the US's urban ghettos? This ground-breaking and controversial book is the first to provide a child-centered perspective on the subject by combining a wealth of social science information with sophisticated normative analysis to support novel reforms—to child protection law and practice, family law, and zoning— that would quickly end that cycle. The rub is that the reforms needed would entail further suffering and loss of liberty for adults in these communities, and liberal advocacy organizations and academics are so adult-centered in their sympathies and thinking that they reflexively oppose any such measures. Liberals have instead promoted one ineffectual parent-focused program after another, in an ideologically-driven quest for the magic pill that can save both adults and children in these communities at the same time. This `insider critique’ of liberal child welfare policy reveals a dilemma that liberals have yet to face squarely: there is an ineradicable conflict of interests between many young children and their parents, especially in areas of concentrated poverty, and one must choose sides. It is a must read for legal academics, political scientists, urban policy experts, as well as professionals working in social work, law, education, urban planning, legislative offices, and administrative agencies.
In Homeschooling: The History and Philosophy of a Controversial Practice, James G. Dwyer and Shawn F. Peters examine homeschooling’s history, its methods, and the fundamental questions at the root of the heated debate over whether and how the state should oversee and regulate it. The authors trace the evolution of homeschooling and the law relating to it from before America’s founding to the present day. In the process they analyze the many arguments made for and against it, and set them in the context of larger questions about school and education. They then tackle the question of regulation, and they do so within a rigorous moral framework, one that is constructed from a clear-eyed assessment of what rights and duties children, parents, and the state each possess. Viewing the question through that lens allows Dwyer and Peters to even-handedly evaluate the competing arguments and ultimately generate policy prescriptions. Homeschooling is the definitive study of a vexed question, one that ultimately affects all citizens, regardless of their educational background.
Observing the storm of recent debates around school vouchers, James G. Dwyer concludes that the welfare of children has been routinely subordinated to the interests and supposed rights of various groups of adults—parents, teachers, taxpayers, and advocates for ideological causes. Dwyer argues that a truly child-centered approach to education reform would yield dramatically different conclusions regarding the morality and constitutionality of government initiatives to improve public and private schooling in America.Dwyer makes the case that state funding of religious and other private schools is not only permissible, but mandatory, as a moral and constitutional right of the children already in private schools. In Vouchers within Reason, he also demonstrates the necessity of attaching to that funding robust standards for the content and nature of instruction and for treatment of students. These are just the sort of regulatory strings that most current supporters of vouchers fear.In the author's view, vouchers represent an opportunity for states to accomplish what they have been unable to do in the past—namely, to bring academic accountability to religious schools, many of which fail to provide a good secular education. He sees voucher programs that are now in place as morally irresponsible and clearly unconstitutional, however, because they require almost nothing of recipient schools in return for the funding. This book reorients the hot topic of universal school vouchers in a new and vital direction that may change the minds of scholars, educators, and policymakers alike.
Despair over the reported inadequacies of public education leads many people to consider religious schools as an alternative. James G. Dwyer demonstrates, however, that religious schooling is almost completely unregulated and that common pedagogical practices in fundamentalist Christian and Catholic schools may be damaging to children. He presents evidence of excessive restriction of children's basic liberties, stifling of intellectual development, the instilling of dogmatic and intolerant attitudes, as well as the infliction of psychological and emotional harms, including excessive guilt and repression and, especially among girls, diminished self-esteem. Courts, legal and political theorists, and the public typically argue that families and religious communities are entitled to raise their children as they see fit and that the state must remain neutral on religious matters. Dwyer proposes an alternative framework for state policy regarding religious schooling and other child-rearing practices, urging that the focus always be on what is best, from a secular perspective, for the affected children. He argues that the children who attend religious schools have a right to adequate state regulation and oversight of their education. States are obligated to ensure that such schools do not engage in harmful practices and that they provide their students with the training necessary for pursuit of a broad range of careers and for full citizenship in a pluralistic, democratic society.
A comprehensive and up-to-date compilation and analysis of Virginia's laws governing wills, trusts, decedents' estates, and end-of-life decision making, with expert commentary. Designed as a resource for libraries and law offices, as well as for use as a coursebook in law school class instruction, this volume is also accessible for more sophisticated non-lawyer users. Summary of contents: Introduction Chapter One: The Probate Estate Chapter Two: Intestate Succession Chapter Three: Wills Chapter Four: Special Protections for Surviving Spouses Chapter Five: Trusts Chapter Six: Probate Procedure and the Role of Personal Administrator Chapter Seven: Other Aspects of Planning for Incapacity and Death About the Author: James Dwyer is the Arthur B. Hanson Professor of Law at the Marshall-Wythe School of Law, College of William & Mary, where he has been on the faculty since 2000 and teaches Trusts & Estates and Family Law, as well as other subjects. Professor Dwyer is also the BarBri lecturer for Virginia Wills, Trusts, and Estates.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Family Law emphasizes the issues and skills most relevant to domestic relations practice. The text employs a novel and dramatic organization with three substantive units that compare the legal treatment of the parent-child relationship vs. adult intimate relationships at stages of formation, regulation, and dissolution. In keeping with the modern reorientation of the field, Family Law reflects the transition "From Partners to Parents" beginning with the creation of parent-child relationship rather than marriage. Its geographical breadth delivers more comparative materials than other texts, using examples from a variety of cultures to provoke "why don't we do this?" considerations. Each student-friendly chapter and section begins with a clear summary of current law that orients the reader before examining legal texts in detail. This structure invites theoretical critique only after a solid foundation is laid. Statutes are core to the text which gives proper emphasis to the vital skill of statutory interpretation in todays practice. Up-to-date material provides more recent cases than any other textbook. With an empirical emphasis, Family Law draws from the significant literature in sociology, psychology, anthropology and other fields so that legal analysis is grounded in real-life application. Focused questions direct students to the heart of the analysis, often using headings before questions to alert readers to the type of analysis required, for example: statutory interpretation, policy, client counseling, and moral theory. Features: Novel organization three substantive units compares legal treatment of parent-child relationship vs. adult intimate relationships considers stages of formation, regulation, and dissolution Reflects modern reorientation of the field in keeping with transition "From Partners to Parents" starts with creation of parent-child relationship rather than marriage Geographical breadth much more comparative material than current texts examples from other cultures lead to "why don't we do this?" considerations Student-friendly organization each chapter and section begins with clear summary of current law orients students before examining legal texts invites theoretical critique after foundation is laid Statutes at the core proper emphasis on the vital skill of statutory interpretation Up-to-date more recent cases than any other textbook Empirical emphasis draws from sociology, psychology, anthropology, and other fields grounds legal analysis in real world application Focused questions direct students to the heart of the analysis use headings to alert students as to the type of analysis required (e.g., statutory interpretation, policy, client counseling, moral theory)
This book presents a sustained theoretical analysis of what rights children should possess in connection with state decision making about their personal relationships which the state does in numerous aspects of family law, including paternity, adoption, custody and visitation, termination of parental rights, and grandparent visitation. It examines the nature and normative foundation of adults' rights in connection with relationships among themselves and then assesses the extent to which the moral principles underlying adults' rights apply also to children. It concludes that the law should ascribe to children rights equivalent (though not identical) to those which adults enjoy, and this would require substantial changes in the way the legal system treats children, including a reformation of the rules for establishing legal parent-child relationships at birth and of the rules for deciding whether to end a parent-child relationship.
A comprehensive and up-to-date compilation and analysis of Virginia's laws governing wills, trusts, decedents' estates, and end-of-life decision making, with expert commentary. An invaluable resource for libraries and law offices, this volume also serves well as a coursebook for law school class instruction and is an accessible guidebook for more sophisticated non-lawyer users. Summary of contents: Introduction Chapter One: The Probate Estate Chapter Two: Intestate Succession Chapter Three: Wills Chapter Four: Special Protections for Surviving Spouses Chapter Five: Trusts Chapter Six: Probate Procedure and the Role of Personal Administrator Chapter Seven: Other Aspects of Planning for Incapacity and Death
Discovery & Disclosure - 2nd edition is written by practitioners with the practitioner in mind, and thus gives you a thorough understanding of discovery and disclosure procedures in both civil and criminal cases, and an examination of the important procedural differences that you need to be aware of. This unique reference source gives you unique guidance to the application of discovery and disclosure before quasi-judicial bodies such as the EAT, coroner's courts and tribunals of inquiry, but also provides a useful examination of all the latest civil and criminal case law that has impacted on the subject. What's new? * Significantly expanded criminal section covering particular types of disclosure, such as expert evidence, background material in sex cases, drug valuations, police complaint material, opinion of membership of an unlawful organisation * A section on discovery in Criminal Assets Bureau cases * A section on discovery in extradition * A section on electronic discovery About the authors William Abrahamson, James B. Dwyer and Andrew Fitzpatrick are all practising barristers.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This book presents a sustained theoretical analysis of what rights children should possess in connection with state decision making about their personal relationships which the state does in numerous aspects of family law, including paternity, adoption, custody and visitation, termination of parental rights, and grandparent visitation. It examines the nature and normative foundation of adults' rights in connection with relationships among themselves and then assesses the extent to which the moral principles underlying adults' rights apply also to children. It concludes that the law should ascribe to children rights equivalent (though not identical) to those which adults enjoy, and this would require substantial changes in the way the legal system treats children, including a reformation of the rules for establishing legal parent-child relationships at birth and of the rules for deciding whether to end a parent-child relationship.
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