Children and the Law
This is an area of law that has both changed a lot in the last half century and also become more complicated and confusing. There has been a children’s rights movement in which children are recognized as legal persons. That was not the case under traditional law. Under traditional law, parents had very strong rights, almost property-like. That no longer feels comfortable and it seemed as though there was a need to rethink what was the basis of parental rights in a modern context.
There was also, in the 1980’s and 90’s, a movement in the justice system to treat juvenile offenders as adults and to sort of deny that there were differences between juveniles and adults. In the last 10 or 15 years, there has been a backing off from that position and a recognition that juveniles are different from adults, but also a general sense that there needs to be clarification of the position of children in the law and of how the law should treat children in various legal contexts. – Elizabeth Scott, project reporter
Since the 1960s, the law’s treatment of children has become increasingly complex and uncertain, in ways that would make the publication of a Restatement particularly valuable to courts, legislatures, and practicing lawyers. Additionally, this Restatement will reflect the growing trend toward incorporating developmental science and other social science research into legal doctrine when appropriate. The project 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.
The project is organized into four main parts.
PART I - CHILDREN IN FAMILIES
PART II - CHILDREN IN SCHOOLS
PART III - CHILDREN IN THE JUSTICE SYSTEM
PART IV – CHILDREN IN SOCIETY
Reporters
Elizabeth S. Scott
Reporter, Children and the Law
Elizabeth S. Scott is the Harold R. Medina Professor of Law at Columbia Law School. Scott teaches family law, property, criminal law, and children and the law. She has written extensively on marriage, divorce, cohabitation, child custody, adolescent decision-making, and juvenile delinquency. Her research is interdisciplinary, applying behavioral economics, social science research, and developmental theory to family/juvenile law and policy issues.
Richard Bonnie
Associate Reporter, Children and the Law
Richard J. Bonnie is Harrison Foundation Professor of Medicine and Law Emeritus at the University of Virginia School of Law, having retired from teaching in 2023. He formerly served as director of the Institute of Law, Psychiatry and Public Policy at the University of Virginia. He teaches and writes about health law and policy, bioethics, criminal law, and public policies relating to mental health, substance abuse, and public health. He has co-authored leading textbooks on criminal law and public health law.
Emily Buss
Associate Reporter, Children and the Law
Emily Buss's research interests include children's and parents' rights and the legal system's allocation of responsibility for children’s development among parent, child, and state. In recent years, she has focused particular attention on the developmental impact of court proceedings on court-involved children, including foster youth and youth accused of crimes. In addition to courses focused on the subjects of her research, Buss teaches civil procedure, evidence, and family law.
Clare Huntington
Associate Reporter, Children and the Law
Clare Huntington is an expert in the fields of family law and poverty law. Her book, Failure to Flourish: How Law Undermines Family Relationships (Oxford 2014), won an Honorable Mention for the Professional and Scholarly Excellence (PROSE) Award in Law and Legal Studies from the Association of American Publishers. She has published widely in leading law journals, exploring the intersection of poverty and families and with a recent focus on non-marital families.
Solangel Maldonado
Associate Reporter, Children and the Law
Solangel Maldonado is the Joseph M. Lynch Professor of Law at Seton Hall Law. Her research and teaching interests include family law, feminist legal theory, race and the law, and international and comparative family law. Over the past decade, her scholarship has focused on the intersection of race and family law and the law’s influence on social norms of post-separation parenthood. She is currently working on a book for NYU Press that examines how the law shapes romantic preferences and how these preferences perpetuate racial hierarchy and economic and social inequality.
David D. Meyer
Associate Reporter (2016-2020), Children and the Law
David Meyer became the 22nd Dean of Tulane Law School in 2010. His expertise relates to constitutional law and family law, and he has written extensively on topics at the intersection of the two fields. He served as U.S. national reporter on family law at several congresses of the International Academy of Comparative Law, including Washington (2010), Utrecht (2006) and Brisbane (2002), and he has delivered endowed lectures or keynote addresses at BYU, Florida, Hofstra, Michigan State and other venues.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.
