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.
Elizabeth S. Scott Posts
Use of Incriminating Disclosures in Connection with Transfer Proceedings
by Elizabeth S. Scott | Oct 5, 2018 | Children and the Law
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:
Rights of a Juvenile in Custody; Definition of Custody
by Elizabeth S. Scott | May 1, 2018 | Children and the Law
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.
Parental Authority and Responsibility for Medical Care
by Elizabeth S. Scott | Apr 20, 2018 | Children and the Law
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.
Children in the Justice System
by Elizabeth S. Scott | Mar 29, 2018 | Children and the Law
Children and the Law Restatement Reporters Elizabeth Scott, Emily Buss, and David Meyer highlight the ways in which children are different from adults, particularly the heightened vulnerability when in police custody.
History of Children and the Law
by Elizabeth S. Scott | Jul 7, 2017 | Children and the Law
A brief historical account may be helpful in understanding the uncertainty and the reasons why a Restatement of Children and the Law would be particularly useful in clarifying legal doctrine and in supporting emerging reform trends.