Children and the Law Posts
Nearly all of the world’s 180-plus countries include the term education in their constitution. Most guarantee every child the right to free education, and many make participation in some form of schooling mandatory; some even provide universal access to affordable college.
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.
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:
The panel discussion “The Path of Education Reform: Law, Politics, and Public Policy” was held at ALI’s 2018 Annual Meeting. The discussion addressed topics surrounding education reform, including race, language, economic means, charter and private schools, and more.
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.
California Supreme Justice Goodwin Liu raised court-watchers’ eyebrows two years ago when the court declined to consider a much-watched lawsuit over the adequacy of state education funding, but Liu hinted he’d welcome another case to define children’s right to a meaningful education under the California Constitution.
A recent USA Today Op-ed piece addresses the topic of juvenile interrogation tactics.
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.
The U.S. Supreme Court will not consider the constitutionality of a 241-year prison sentence given to a St. Louis man more than two decades ago.
The high court on Monday announced it would not hear the case of Bobby Bostic. The justices gave no reason for their decision.
Two Sections from the 2018 Annual Meeting draft deal with this topic. Black letter for each Section is included below. The full draft contains Comments (with Illustrations) and Reporters’ Notes.