About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

61 Alb. L. Rev. 345 (1997-1998)
The Fate of Childhood: Legal Models of Children and the Parent-Child Relationship

handle is hein.journals/albany61 and id is 359 raw text is: ARTICLE THE FATE OF CHILDHOOD: LEGAL MODELS OF CHILDREN AND THE PARENT-CHILD RELATIONSHIP Janet L. Dolgin* INTRODUCTION .................................................................................. 347 I. THE TRANSFORMATION OF FAMILY AND THE LAW'S RESPONSE.. 351 A . A s A m ong A dults .............................................................. 352 B. As Concerns Children ...................................................... 360 II. LEGAL MODELS: CHILDREN, CHILDHOOD, AND THE PARENT-CHILD RELATIONSHIP .............................. 371 A. The Traditional Model and the Transforming Traditional Model ........................... 378 1. The Traditional Model: Meyer v. Nebraska and Pierce v. Society of Sisters .......................................... 378 2. The Transforming Traditional Model: Parham v. J.R., Wisconsin v. Yoder, and Bellotti v. Baird (Bellotti 1) ...................................... 382 a. The Place of Children in a Dispute Between Parents and the State ........................................... 383 b. Disputes Between Parents and Children .............. 388 B. The Individualist Model .................................................. 400 III. RESPONSES TO THE TRANSFORMATION OF FAMILY: THE CONTRACTION OF CHILDHOOD AND THE DISPLACEMENT OF PARENTAL CONTROL ............................................................ 409 A. Parents, Girls, and the Right to Abortion ....................... 410 Maurice A. Deane Distinguished Professor of Constitutional Law, Hofstra University School of Law. B.A., Barnard College; J.D., Yale Law School; Ph.D., Princeton University. I am grateful to Steven H. Shiffrin for his insights on several of the cases analyzed in this Arti- cle and to John DeWitt Gregory for comments on an earlier draft of the Article. I also thank Daniel May, Esq., Assistant Director of the Hofstra Law Library, for his bibliographic advice and assistance. Finally, I am appreciative to Mark Milone, a student at the Hofstra Law School, for his assistance with research.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most