23min chapter

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The New Law and Politics of Parental Rights

New Discourses

CHAPTER

Two-Tier Test for Parental Rights Laws

The chapter introduces a two-tier test to distinguish between legitimate assertions of parental rights and strategic retrenchment. It provides guidance for academics, the media, and the public to identify laws genuinely supporting parental rights while urging courts to weigh parental rights against children's and governmental interests.

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