By many accounts the renaissance of basic rights and freedoms begun in the early Nineteen-Fifties is over. While the winds of social and legal change that formerly fanned constitutional issues to a blaze have subsided in many areas, in one very important area - basic family rights - the storm still rages, fed by emerging social theory. The rights at stake are embedded so deeply in our social structure that, ironically, the necessity for recognizing and defining them has come late in our legal history and, in the fabric of recent development of other fundamental freedoms, has gone relatively unnoticed.
The Hon. Walter H. Bennett Jr., Rights and Interests of Parent, Child, Family and State: A Critique of Development of the Law in Recent Supreme Court Cases and in the North Carolina Juvenile Code, 4 Campbell L. Rev. 85 (1981).