Description
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.
Table of Contents
Children and the Law: An IntroductionJames G. DwyerPart I: Creating Children1. The Regulation of Reproduction and Best Interests AnalysisI. Glenn Cohen2. When Does a Right to Life Arise?Lynn D. Wardle3. "Of Sound Mind and Body": A Call for Universal Drug Screening for All NewbornsFrank E. Vandervort and Vincent J. PalusciPart II: Parentage4. The Neurobiology of Childhood Psychosocial AdversityAnne E. Berens, Sarah K. G. Jensen, and Charles A. Nelson5. Legislation in Search of "Good-Enough" Care Arrangements for the Child: A Quest for Continuity of CareMarinus H. van IJzendoorn, Marian J. Bakermans-Kranenburg, Robbie Duschinsky, and Guy C. M. Skinner6. Screening Potential ParentsJames G. Dwyer7. Procreation and ParentingKatharine K. Baker8. The ART of ParentageNaomi Cahn9. Adoption Versus Alternative Forms of CareBrian Sloan10. Race and the Adoption of ChildrenRalph Richard BanksPart III: Children in Families 11. Children in Fragile FamiliesSara McLanahan, Kate Jaeger, and Kristin Catena12. Protection of the Health of Newborns: Whatever Happened to Baby Doe?Robert Van Howe13. Corporal Punishment and the Law in Global PerspectiveJoan E. Durrant14. Addressing Childhood Trauma: Phenomena as a Roadmap to ResponseSteven Marans, Hilary Hahn, and Carrie Epstein15. Disputes Over Medical Treatment for ChildrenJonathan Herring16. Children's Right to PrivacyAyelet Blecher-Prigat17. The Child Protection SystemRichard J. Gelles18. Contested Child Protection PoliciesElizabeth Bartholet19. How Federal Laws Pertaining to Foster Care Financing Shape Child Welfare ServicesJill Duerr Berrick and Daniel Heimpel20. Equal Parenting Time: The Case for a Legal PresumptionWilliam V. Fabricius21. Relational Parents: When Adults Receive Rights in Children Because of Their Relationship with a ParentRobin Fretwell WilsonPart IV: Children in School and Other Institutions22. The Changing Landscape of Funding Public Elementary and Secondary Education in the United StatesR. Craig Wood23. School AccountabilityMorgan Polikoff and Shira Korn24. Race and Education: School Desegregation and Resegregation since Brown and Promising Avenues toward IntegrationRaquel Muñiz and Erica Frankenberg25. Children's Religious Freedom in State Schools: Exemptions, Participation and EducationMyriam Hunter-Henin26. The Supreme Court has Spoken: The Potential Impact of Decisions Interpreting U.S. Federal Statutes on the Education of Students with DisabilitiesThomas Hehir27. Proposed Policies to Reduce Weapons in Schools: Based on Research from an Ecological Conceptual ModelRami Benbenishty and Ron Avi Astor28. Children at Risk of School DropoutLucinda Ferguson29. The Intersection between Schools and the Criminal Justice SystemJason P. Nance30. Private School Regulation: Individual Rights and Educational ResponsibilitiesJeffrey Shulman31. Legislators Should Eliminate Religious Exemptions from Laws Protecting ChildrenMarci A. Hamilton and Leslie C. GriffinPart V: Children in Society32. Considerations for Policymaking Affecting Adolescents in the Liberal DemocracyVivian E. Hamilton33. Children and Juvenile Justice Law: The Possibilities of a Relational-Rights ApproachKathryn Hollingsworth34. Gender, Justice, and Youth DevelopmentFrancine T. ShermanPart VI: Advocating for Youth35. Children's Participation in Decisions about Parenting ArrangementsPatrick Parkinson and Judy Cashmore36. Reforming Child WelfareMarcia Robinson Lowry37. The Promises and Pitfalls of Constitutionalizing Children's RightsConor O'MahonyAfterwordJames G. Dwyer
