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Professor's Reply: 
 
Justice Brennan's dissent does not say that mere knowledge of abuse alone would create a duty to protect. Instead, Brennan focuses on the actual actions taken by the state itself. Go back and read Brennan's dissenting opinion and see what acts the state engaged in that Brennan deems important in conferring a duty upon the state to protect Joshua from his father's abuse.


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  Last updated: 06/19/07
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