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The Enduring Importance of Parental Rights

Clare Huntington and Elizabeth S. Scott | June 14, 2022 | Children and the Law

Below is the abstract for “The Enduring Importance of Parental Rights,” available for download on SSRN. In this symposium contribution for The Law of Parents and Parenting, we argue that parental rights are—and should remain—the backbone of family law. State deference...

Students’ Right of Personal Expression in Public School

Elizabeth S. Scott, Richard Bonnie, Emily Buss, Clare Huntington, Solangel Maldonado and Jennifer Morinigo | May 11, 2022 | Children and the Law

Restatement of the Law, Children and the Law, Tentative Draft No. 4 (TD No. 4) will be presented to ALI membership at the 2022 Annual Meeting. The below black letter is excerpted from this draft, which contains § 8.10. Students’ Right of Personal Expression in Public...

Children and the Law: School Searches – Search Based on Individualized Suspicion

Elizabeth S. Scott, Richard Bonnie, Emily Buss, Clare Huntington, Solangel Maldonado and Jennifer Morinigo | April 29, 2021 | Children and the Law

Restatement of the Law, Children and the Law, Tentative Draft No. 3 (TD3) will be presented to ALI membership at the 2021 ALI Annual Meeting. The below black letter and Comment is excerpted from this draft, which contains § 10.10. Student Search by School Officials...

Children and the Law: Protecting the Vulnerable in a Time of Crisis

Kristin Nicole Henning, Clare Huntington, Elizabeth S. Scott, Marsha Levick and Jennifer Morinigo | December 23, 2020 | Children and the Law

The treatment of the children in two distinct areas of the law – child welfare and juvenile justice – is fraught with difficulty even under the best of circumstances. But with the onslaught of the COVID pandemic, the regular challenges and the need to protect children...

Conceptualizing Legal Childhood in the Twenty-First Century

Clare Huntington and Elizabeth S. Scott | November 11, 2019 | Children and the Law

ABSTRACTThe law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the...
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