Whose Right Does Barnette Protect: Student or Parent?

[hamilton02 at aol.com]

I don't think we can avoid line-drawing, but we do have a movement away from a parental rts approach to a more pervasive childs interest approach. Plus harm is an expansive concept. Custody disputes often involve the state not just 2 parents.  Yes cps does and should have capacity to trump a parent's sole det of what is in the interest of the child.  The more we learn about the pervasiveness of abuse within the home and family the less justification there is for a model of parental rts.

Marci
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: "Volokh, Eugene" <VOLOKH at law.ucla.edu>

Date: Sat, 26 Jul 2008 12:54:24 
To: <conlawprof at lists.ucla.edu>
Subject: RE: Whose Right Does Barnette Protect: Student or Parent?


Hmm -- I had thought that the "best interests" standard was justified in
custody cases precisely by the fact that custody disputes *among*
parents are different.  I had also thought that the standard for child
protective services to intervene is that there's some risk of likely
imminent physical or psychological harm to the child, and not just that
the child protective services' prescription is more in the child's "best
interests" than the parents' prescription.  Or is the argument now that
the child's "best interests," as adjudicated by the government, is the
standard that should be used whenever there's a dispute between parents
and children (or perhaps between parents plus children and the
government)?

Eugene

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of
hamilton02 at aol.com
Sent: Saturday, July 26, 2008 12:07 PM
To: Howard Schweber; conlawprof-bounces at lists.ucla.edu; Robert Sheridan
Cc: conlawprof at lists.ucla.edu
Subject: Re: Whose Right Does Barnette Protect: Student or Parent?

This approach fails to take into account child protective svcs and
custody hearings governed by the best interest of the child.  That is
not a constitutionally suspect standard but rather one that takes into
account all of the circumstances. A blanket rule in favor of parents is
misleading.

Marci
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: Howard Schweber <schweber at polisci.wisc.edu>

Date: Sat, 26 Jul 2008 13:11:03 
To: Robert Sheridan<rs at robertsheridan.com>
Cc: <conlawprof at lists.ucla.edu>
Subject: Re: Whose Right Does Barnette Protect: Student or Parent?


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