Children and the Law Posts

Parents in Fact

This Essay examines the Restatement of Law, Children and the Law’s full-throated embrace of a de facto parent doctrine in the context of family law’s evolving treatment of functional parents.

In Loco Reipublicae

This Article offers a new framework for children in constitutional law, one that elevates children’s rights as developing citizens by recognizing parental duties to respect those citizenship rights.

Tribes, States, and Sovereigns’ Interest in Children

This Article takes opposition to ICWA as an opportunity to scrutinize the nature and permissible scope of political communities’ interests in children. Acknowledging that a community’s and a child’s interests may at times conflict, in turn, makes clear the need to develop tools to identify and manage such conflicts when they occur.

October 2023 Council Meeting Updates

At its meeting on October 19 and 20, 2023, the Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed.

Are Children’s Rights Enough?

This Article analyzes case law on custody and family separation from a jurisdiction that uses a strong children’s rights approach, the European Court of Human Rights. These cases provide a valuable comparator by which to test whether children’s rights framing changes the way that courts reason about children.