Home » Faculty » Full-Time » James Dwyer
James Dwyer
Class of 2010 Student Professor of Law
Degrees: Ph.D., Stanford University; J.D., Yale; B.A., Boston College
Email: [[jgdwye]]
Office phone: (757) 221-2685
Office location: Room 243
Full resume: here (.pdf)
Email: [[jgdwye]]
Office phone: (757) 221-2685
Office location: Room 243
Full resume: here (.pdf)
Areas of Specialization
Children and Juveniles Law; Constitutional Law--1st Amendment, Religion; Estate Planning; Family Law; Jurisprudence; Law and Religion; Trusts and Estates Law
Currently Teaching
Family Law; Law & Social Justice Seminar; Trusts & Estates
Representative Professional Activities and Achievements
Joined the faculty in 2000 after teaching law at the Chicago-Kent and University of Wyoming law schools. Practiced law with Sutherland, Asbill, and Brennan; and Coudert Brothers; both in Washington, D.C., and worked in New York State Family Court as Law Guardian and Assigned Counsel. Teaches family law, youth law, trusts and estates, and law and social justice. Selected for the Class of 2010 Professorship.
Scholarly Publications
Books
- The Superiority of Youth: Moral Status and How We Treat Children (under review at Cambridge University Press).
- The Relationship Rights of Children (Cambridge U. Press 2006).
- Vouchers Within Reason: A Child-Centered Approach to Education Reform (Cornell U. Press 2002).
- Religious Schools v. Children's Rights (Cornell U. Press 1998) (paperback edition with new preface 2001).
Articles
- Symposium Issue, First Parents: Reconceptualizint Newborn Adoption, 37 Cap. U. L. Rev. ___ (forthcoming 2009).
- A Constitutional Birthright: The State, Parentage, and Newborn Persons, 56 U.C.L.A. L. Rev. 756 (2009).
- The Child Protection Pretense: States' Continued Consignment of Newborn Babies to Unfit Parents, 93 Minn. L. Rev. 407 (forthcoming 2008).
- Costless Parent Choices: Considering Parents' Beliefs and Behaviors in State Decision About Children's Relationships (in progress).
- Symposium Issue, Child Custody and Parent Speech, ___ Geo. J. Law & Pol. J. ___ (forthcoming 2009).
- Declaring Communities Unfit for Child Rearing (in progress).
- Raised in Captivity: The Child Welfare Impact and Constitutionality of Sending Children to Jail With Their Mothers (in progress).
- Imported Families: The Email-Order Bride Industry's Impact on Feminism in America and on Fathers Left Behind (in progress).
- Symposium Issue, The Liberal State's Response to Religious Visions of Education, 44 J. Cath. Legal Stud. 195 (2005).
- Symposium Issue, School Accountability and "High Stakes Testing," 2 Theory & Res. Ed. 211 (2004).
- Symposium Issue, A Taxonomy of Children's Existing Rights in State Decision Making About Their Relationships, 11 Wm. & Mary Bill Rts. J. 845 (2003).
- Symposium Issue, School Vouchers: Inviting the Public Into the Religious Square, 42 Wm. & Mary L. Rev. 963 (2001).
- Co-author, Informed Consent for Neonatal Circumcision: An Ethical and Legal Conundrum, 17 J. Contemp. Health L. & Pol'y 61 (2000).
- Symposium Issue, Spiritual Treatment Exemptions to Child Medical Neglect Laws: What We Outsiders Should Think, 76 Notre Dame L. Rev. 147 (2000), reprinted in 1 Children and the Law: The State as Child Protector (J. W. Steverson ed., Routledge 2002), part of series, Controversies in Constitutional Law: Collections of Documents and Articles on Major Questions of American Law (P. Finkelman ed.).
- Symposium Issue, Children's Interests in a Family Context -- A Cautionary Note, 39 Santa Clara L. Rev. 1053 (1999).
- Symposium Issue, Setting Standards for Parenting -- By What Right?, 27 Child Psychiatry & Hum. Dev. 165 (1997).
- The Children We Abandon: Religious Exemptions to Child Welfare and Education Law as Denials of Equal Protection to Children of Religious Objectors, 74 N.C. L. Rev. 1321 (1996).
- Parents' Religion and Children's Welfare: Debunking the Doctrine of Parents' Rights, 82 Cal. L. Rev. 1371 (1994), reprinted, in part, in Garrison & Schneider, The Law of Bioethics: Individual Autonomy and Social Regulation (West 2003).
Book Chapters
- Children's Education Rights in a Liberal Democracy, in Padagogische Modernisierung: Sakularitat und Sakralitat in der Modernen Padogigik (Hoffmann, Jacottet, & Osterwalder eds., Haupt Bern 2006).
- Children's Rights, in The Blackwell Companion to the Philosophy of Education (Blackwell Pub. 2003).
- Changing the Conversation About Children's Education, in NOMOS XLIII: Moral and Civil Education (NYU Press 2002).
Other
- Book Review, 18 Law & Politics 605 (2008) (reviewing Sarah Elliston, The Best Interests of the Child in Healthcare 2007).
- Essay, Funding Religion in a Post-Zelman World, 5(1) Gov't L. & Pol'y J., Winter/Spring 2003, at 11.
- Book Review, 13 School Field 7 (2002) (reviewing Randall Curren, Aristotle on the Necessity of Public Education (2000)).
- Book Preface, Religious Schools v. Children's Rights (Cornell U. Press 2001).
