Children and the Law Posts

October 2018 Council Updates

During its meeting in New York City on October 18 and 19, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.

What is the Children and the Law Restatement?

, , , , , and

The Children and the Law Restatement aims to present a contemporary conception of parental rights and authority with the promotion of child welfare as a core goal, while grappling with questions about the legal personhood of children. Here is a video explaining the scope of the project.

Use of Incriminating Disclosures in Connection with Transfer Proceedings

, , , , , and

This week, project participants for ALI’s Children and the Law Restatement gather in Philadelphia to discuss Preliminary Draft No. 5, which includes three Sections from Part III. Children in the Justice System:

Justin Driver Discusses Public Education

Justin Driver of the University of Chicago Law School recently visited the National Constitution Center for a stimulating discussion on the role the U.S. Supreme Court has played in defining the rights of students in America’s public schools, from race and drugs to religion and free speech.

Rights of a Juvenile in Custody; Definition of Custody

, , , , and

Part III of the Children and the Law project deals with juvenile justice doctrine. In this area, modern courts increasingly have focused on differences between juvenile and adult offenders, often invoking research on adolescent development to guide legal decisionmaking. As the Introduction to this Part indicates, the Supreme Court has played an important role in promoting this developmental approach; in several opinions, the Court has determined that the immaturity of adolescents should inform the justice system response to juvenile offending.