Poor Joshua : The Deshaney Case and Child Abuse in America
by John R. Howard


Overview -
In DeShaney v. Winnebago County Department of Social Services, a bitterly divided Supreme Court rejected a claim brought on behalf of five-year old Joshua DeShaney, left permanently disabled after sustained abuse, despite regular home visits by social workers charged with monitoring his welfare. In its decision the court asserted that the state has no duty to shield citizens from private violence, even those involved in their lives and knowing of their distress. Poor Joshua tracks the story from its origins in small town Wisconsin to the Supreme Court and chronicles the tragic consequences of the majority decision. John R. Howard shows how that decision became the rock on which later child abuse cases foundered, and how it echoes today in every newspaper story about society's failure to protect children. The continuing vitality of DeShaney, he argues, derives from a persistent sense that the decision is legally incorrect and profoundly at odds with the underlying values of the Constitution. The case is also about different visions of our social order and the relationship between "law" and "justice." Howard summarizes the substantial law review literature critical of the DeShaney decision and erects the scaffolding for a counterargument bringing law into a closer alignment with justice.

  Read Full Product Description
 
local_shippingFor Delivery
In Stock.
This item is Non-Returnable.
FREE Shipping for Club Members help
 
storeBuy Online Pickup At Store
search store by zipcode

 
 
New & Used Marketplace 19 copies from $27.03
 
 
 

More About Poor Joshua by John R. Howard
 
 
 
Overview
In DeShaney v. Winnebago County Department of Social Services, a bitterly divided Supreme Court rejected a claim brought on behalf of five-year old Joshua DeShaney, left permanently disabled after sustained abuse, despite regular home visits by social workers charged with monitoring his welfare. In its decision the court asserted that the state has no duty to shield citizens from private violence, even those involved in their lives and knowing of their distress. Poor Joshua tracks the story from its origins in small town Wisconsin to the Supreme Court and chronicles the tragic consequences of the majority decision. John R. Howard shows how that decision became the rock on which later child abuse cases foundered, and how it echoes today in every newspaper story about society's failure to protect children. The continuing vitality of DeShaney, he argues, derives from a persistent sense that the decision is legally incorrect and profoundly at odds with the underlying values of the Constitution. The case is also about different visions of our social order and the relationship between "law" and "justice." Howard summarizes the substantial law review literature critical of the DeShaney decision and erects the scaffolding for a counterargument bringing law into a closer alignment with justice.


This item is Non-Returnable.

 
Details
  • ISBN-13: 9781438470498
  • ISBN-10: 1438470495
  • Publisher: State University of New York Press
  • Publish Date: August 2018
  • Page Count: 220
  • Dimensions: 8.8 x 5.8 x 0.7 inches
  • Shipping Weight: 0.8 pounds


Related Categories

Books > Law > Criminal Law - General
Books > Political Science > American Government - Judicial Branch
Books > History > United States - 20th Century

 
BAM Customer Reviews