James G. Dwyer

William & Mary Law School

Arthur B. Hanson Professor of Law

South Henry Street

P.O. Box 8795

Williamsburg, VA 23187-8795

United States

http://law2.wm.edu/faculty/bios/fulltime/dwyer-648.php

SCHOLARLY PAPERS

35

DOWNLOADS
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in Total Papers Downloads

3,542

SSRN CITATIONS

2

CROSSREF CITATIONS

10

Scholarly Papers (35)

1.

Jailing Black Babies

Utah Law Review, 2014, issue No. 3 , William & Mary Law School Research Paper No. 09-239
Number of pages: 78 Posted: 12 Mar 2013 Last Revised: 18 Oct 2014
James G. Dwyer
William & Mary Law School
Downloads 687 (43,817)

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incarceration, child welfare, race, adoption, liberal policy

2.

Parents' Religion and Children's Welfare: Debunking the Doctrine of Parents' Rights

California Law Review, Vol. 82, No. 6, 1994, William & Mary Law School Research Paper No. 09-228
Number of pages: 78 Posted: 30 Oct 2012
James G. Dwyer
William & Mary Law School
Downloads 550 (58,407)

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parents' rights, child rearing, religion, free exercise, First Amendment, private schools, medical neglect, school regulation, education

3.

Same-Sex Cynicism and the Self-Defeating Pursuit of Social Acceptance Through Litigation

Southern Methodist University Law Review, Vol. 68, 2015, William & Mary Law School Research Paper No. 09-285
Number of pages: 71 Posted: 07 Oct 2014 Last Revised: 29 Apr 2015
James G. Dwyer
William & Mary Law School
Downloads 336 (105,072)

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same-sex marriage, gay rights, marriage, equal protection, fundamental rights, suspect class, procreation, Fourteenth Amendment

4.

The Children We Abandon: Religious Exemptions to Child Welfare and Education Law as Denials of Equal Protection to Children of Religious Objectors

North Carolina Law Review, Vol. 74, No. 5, 1996, William & Mary Law School Research Paper No. 09-220
Number of pages: 159 Posted: 25 Jun 2012
James G. Dwyer
William & Mary Law School
Downloads 200 (177,566)

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Religious schools, school regulation, spiritual treatment, medical neglect, free exercise, equal protection

5.

The Relationship Rights of Children

J. Dwyer, The Relationship Rights of Children, Cambridge University Press, 2006, William & Mary Law School Research Paper No. 09-233
Number of pages: 15 Posted: 08 Nov 2012
James G. Dwyer
William & Mary Law School
Downloads 183 (192,288)

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children's rights, parentage, paternity, adoption, custody, abuse and neglect, termination of parental rights, third-party visitation, grandparents, foster care

6.

No Place for Children: Addressing Urban Blight and Its Impact on Children Through Child Protection Law, Domestic Relations Law, and 'Adult-Only' Residential Zoning

Alabama Law Review, Vol. 62, No. 5, 2011, William & Mary Law School Research Paper No. 09-217
Number of pages: 74 Posted: 19 Jun 2012
James G. Dwyer
William & Mary Law School
Downloads 168 (207,232)

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urban blight, neighborhood effect, child custody, child protection, zoning

7.

Moral Status and Human Life: The Case for Children's Superiority

J. Dwyer, Moral Status and Human Life: The Case for Children's Superiority, Cambridge University Press, October 2010, William & Mary Law School Research Paper No. 09-217
Number of pages: 12 Posted: 08 Nov 2012
James G. Dwyer
William & Mary Law School
Downloads 144 (235,435)

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children's rights, moral status, human life, abortion, autonomy, sentience

8.

Religious Schools v. Children's Rights

J. Dwyer, Religious Schools v. Children's Rights, Cornell University Press, 2001, William & Mary Law School Research Paper No. 09-234
Number of pages: 9 Posted: 09 Nov 2012
James G. Dwyer
William & Mary Law School
Downloads 133 (250,974)

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religious schools, fundamentalism, Catholicism, parents' rights, group rights, equal protection, Rawls, theory of justice, sexism, school regulation, indoctrination, Amish, indigenous people

9.

The Child Protection Pretense: States' Continued Consignment of Newborn Babies to Unfit Parents

Minnesota Law Review, Vol. 93, 2008, William & Mary Law School Research Paper No. 09-57
Number of pages: 87 Posted: 07 Nov 2010 Last Revised: 07 Apr 2014
James G. Dwyer
William & Mary Law School
Downloads 100 (307,734)

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10.

Equality Between Adults and Children: Its Meaning, Implications, and Opposition

Michigan State Law Review, p. 1017, 2013, William & Mary Law School Research Paper No. 09-277
Number of pages: 23 Posted: 10 May 2014
James G. Dwyer
William & Mary Law School
Downloads 99 (309,732)

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child rearing, children's rights, parents' rights, parentage, custody, TPR, child maltreatment, education

11.

Inter-Country Adoption and the Special Rights Fallacy

University of Pennsylvania Journal of International Law, Vol. 35, No. 1, 2013, William & Mary Law School Research Paper No. 09-254
Number of pages: 80 Posted: 27 Aug 2013 Last Revised: 03 Sep 2015
James G. Dwyer
William & Mary Law School
Downloads 91 (326,976)

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international adoption, subsidiarity principle, children's rights, right to emigrate, Hague Convention

12.

Adoptive Couple v. Baby Girl: Erasing the Last Vestiges of Human Property

Boston University Law Review Annex, Vol. 93, No. 5 (2013), William & Mary Law School Research Paper No. 09-264
Number of pages: 5 Posted: 19 Nov 2013 Last Revised: 26 Nov 2013
James G. Dwyer
William & Mary Law School
Downloads 81 (351,070)

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Native American, Indian Child Welfare Act, adoption, biological fathers

13.

Parents' Self-Determination and Children's Custody: A New Analytical Framework for State Structuring of Children's Family Life

Arizona Law Review, Vol. 54, No. 1, 2012, William & Mary Law School Research Paper No. 09-227
Number of pages: 59 Posted: 30 Oct 2012
James G. Dwyer
William & Mary Law School
Downloads 81 (351,070)

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child custody, First Amendment, parents' rights, religion, free speech, parent relocation, parent alienation, child abuse

14.

A Constitutional Birthright: The State, Parentage, and the Rights of Newborn Persons

UCLA Law Review, Vol. 56, No. 4, 2009, William & Mary Law School Research Paper No. 09-56
Number of pages: 82 Posted: 07 Nov 2010 Last Revised: 14 Mar 2014
James G. Dwyer
William & Mary Law School
Downloads 79 (356,195)

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15.

The Parental Choice Fallacy in Education Reform Debates

Notre Dame Law Review, Vol. 87, No. 5, 2012, William & Mary Law School Research Paper No. 09-255
Number of pages: 25 Posted: 28 Aug 2013
James G. Dwyer
William & Mary Law School
Downloads 78 (358,800)

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vouchers, choice schools, parents' rights, school regulation, poverty

16.

Promising Protection: 911 Call Records as Foundation for Family Violence Intervention

Kentucky Law Journal, Vol. 102, 2014, William & Mary Law School Research Paper No. 09-256
Number of pages: 97 Posted: 28 Aug 2013 Last Revised: 28 May 2014
James G. Dwyer
William & Mary Law School
Downloads 74 (369,728)

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911 call, domestic violence, child maltreatment, battered women, hearsay

17.

A Taxonomy of Children's Existing Rights in State Decision Making About Their Relationships

Wm. & Mary Bill Rts. J., vol 11 (2003)
Number of pages: 147 Posted: 27 Oct 2015
James G. Dwyer
William & Mary Law School
Downloads 59 (416,250)

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family, children’s rights, parentage, maternity, paternity, adoption, child custody, best interests, step-parents, grandparents, foster care, siblings, child abuse, child neglect, child protection, termination of parental rights, visitation, joint custody, third-party visitation

18.

Parental Entitlement and Corporal Punishment

Law and Contemporary Problems, Vol. 73, No. 2, 2010, William & Mary Law School Research Paper No. 09-229
Number of pages: 23 Posted: 03 Nov 2012
James G. Dwyer
William & Mary Law School
Downloads 57 (423,212)

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parents' rights, child rearing, child abuse, circumcision

19.

No Accounting for School Vouchers

Wake Forest Law Review, Vol. 48, 2013, William & Mary Law School Research Paper No. 09-257
Number of pages: 36 Posted: 06 Sep 2013
James G. Dwyer
William & Mary Law School
Downloads 55 (430,375)

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school choice, vouchers, religious schools, educational accountability

20.

First Parents: Reconceptualizing Newborn Adoption

Capital University Law Review, Vol. 37, No. 2, p. 293, 2008, William & Mary Law School Research Paper No. 09-97
Number of pages: 29 Posted: 16 Apr 2011
James G. Dwyer
William & Mary Law School
Downloads 50 (448,664)

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adoption, unfit parents

21.

The Good, the Bad, and the Ugly of Employment Division v. Smith for Family Law

Cardozo Law Review, Vol. 32, No. 5, p.178, 2011, William & Mary Law School Research Paper No. 09-231
Number of pages: 11 Posted: 31 Oct 2012 Last Revised: 28 May 2014
James G. Dwyer
William & Mary Law School
Downloads 45 (468,880)

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First Amendment, religion, free exercise, child rearing, hybrid rights

22.

Spiritual Treatment Exemptions to Child Medical Neglect Laws: What We Outsiders Should Think

Notre Dame Law Review, Vol. 76, No. 147, 2000
Number of pages: 32 Posted: 28 Oct 2015
James G. Dwyer
William & Mary Law School
Downloads 41 (486,190)
Citation 1

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medical care, religious freedom, parents' rights, children's rights, child neglect, equal protection, minority culture, liberalism

23.

Vouchers Within Reason: A Child-Centered Approach to Education Reform

J. Dwyer, Vouchers Within Reason: A Child-Centered Approach to Education Reform, Cornell University Press, 2002, William & Mary Law School Research Paper No. 09-235
Number of pages: 20 Posted: 08 Nov 2012
James G. Dwyer
William & Mary Law School
Downloads 37 (504,496)

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vouchers, religious schools, Establishment Clause, equal protection, school regulation, education funding, school accountability, indoctrination, sexism, fundamentalism, Catholicism

24.

The Liberal State's Response to Religious Visions of Education

Journal of Catholic Legal Studies, (vol. 44, no. 1, 2005), William & Mary Law School Research Paper No. 9-230
Number of pages: 38 Posted: 31 Oct 2012
James G. Dwyer
William & Mary Law School
Downloads 34 (519,065)

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religious schools, First Amendment, indoctrination, liberal education

25.

Informed Consent for Neonatal Circumcision: An Ethical and Legal Conundrum

Journal of Contemporary Health Law and Policy, Vol. 17, No. 61-133, 2000
Number of pages: 74 Posted: 28 Oct 2015
James G. Dwyer
William & Mary Law School
Downloads 29 (545,507)

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circumcision, medical consent, surrogate decision making, parents' rights, children's rights, bodily integrity, medical ethics, genital mutilation

26.

A Child-Centered Approach to Parentage Law

William & Mary Bill of Rights, Vol. 14, 2006, William & Mary Law School Legal Research Paper No. 09-321
Number of pages: 14 Posted: 25 Oct 2015
James G. Dwyer
William & Mary Law School
Downloads 20 (602,071)

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children, maternity, paternity, child maltreatment, adoption, children’s rights

27.

School Accountability and 'High Stakes' Testing

Theory & Res. Ed., vol. 2 (2004)
Number of pages: 8 Posted: 28 Oct 2015
James G. Dwyer
William & Mary Law School
Downloads 16 (629,108)

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schools, education, testing, standardization

28.

Misused Concepts and Misguided Questions: Fundamental Confusions in Family Law Debates

4 Iɴᴛ’ʟ. J. Jᴜʀɪs. Fᴀᴍ. 239 (2013).
Number of pages: 20 Posted: 15 Aug 2018
James G. Dwyer
William & Mary Law School
Downloads 8 (686,684)
Citation 1

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29.

School Vouchers: Inviting the Public into the Religious Square

Wm. & Mary L. Rev., vol 42 (2001)
Number of pages: 45 Posted: 28 Oct 2015
James G. Dwyer
William & Mary Law School
Downloads 7 (693,948)

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vouchers, religion, parents' rights, schooling, religious schools, liberalism, church-state separation, free exercise, Establishment Clause, equal protection, children's rights

30.

The Child’s Rights Forgotten, Again: Reframing Fulton v. City of Philadelphia

Posted: 03 Dec 2020
James G. Dwyer
William & Mary Law School

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foster care, free exercise, LGBT, child welfare, religious service providers

31.

Existing Rights of Children with Respect to State Decisions About Their Relationships

William and Mary Bill of Rights Journal, Vol. 11, No. 3, May 2003
Posted: 28 Oct 2002
James G. Dwyer
William & Mary Law School

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32.

RELIGIOUS SCHOOLING AND HOMESCHOOLING BEFORE AND AFTER HOBBY LOBBY

University of Illinois Law Review, Vol. 2016, No. 4, 2016
Number of pages: 25
James G. Dwyer
William & Mary Law School
Downloads 0

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33.

Liberal Child Welfare Policy

Routledge (2018)
Number of pages: 22
James G. Dwyer
William & Mary Law School
Downloads 0

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child protection, poverty, parenthood, neighborhood effect, addiction

34.

Homeschooling: The History and Philosophy of a Controversial Practice

University of Chicago Press (2019)
Number of pages: 12
James G. Dwyer and Shawn Francis Peters
William & Mary Law School and University of Wisconsin - Madison - School of Education
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Homeschooling, children's rights, parents' rights, education, school regulation

35.

Oxford Handbook of Children and the Law

Oxford University Press (2020)
Number of pages: 23
James G. Dwyer
William & Mary Law School
Downloads 0

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Child welfare, parentage, child protection, child custody, education