Children and the Law Posts

Using Peacemaking Circles to Indigenize Tribal Child Welfare

This Article outlines the ways in which the modern tribal child welfare system has been structured to compartmentalize families and perpetuate historical federal policies of Indian family separation. This Article then suggests that circle processes are a framework for re-Indigenizing the tribal child welfare system to not just improve outcomes, but to also honor the interconnected, responsibility oriented worldview of Indigenous communities.

In Loco Parentis, the First Amendment, and Parental Rights—Can they Coexist in Public Schools?

A debate taking place throughout the United States in school board meetings, state legislatures, and the public square—is the simple question of what happens, from a legal perspective, when a parent drops their child off at a public school. This Article proposes a framework whereby in loco parentis and the constitutional rights of students and parents can coexist at public schools

Expanding State Parent Registry Laws

This Article, using pronouncements by the Uniform Law Commissioners and The American Law Institute, explores parents registries, their variation and limitations, and provides suggestions on how to reform them to meet constitutional and public policy concerns.

The Enduring Importance of Parental Rights

In this Essay, Huntingdon and Scott argue that parental rights are—and should remain—the backbone of family law. Building on previous scholarship and their work drafting The American Law Institute’s Restatement of the Law, Children and the Law, they also evaluate scholars’ proposals to limit parental rights.

Children’s Digital Privacy and the Case Against Parental Consent

As companies rely on the verifiable parental consent required by the Children’s Online Privacy Protection Act to collect and use minors’ data, reviewing boilerplate waivers of liability and consent forms for children’s online activities have thus become part of parenting.

Confronting Indeterminacy and Bias in Child Protection Law

A child protection reform legislative agenda has begun to emerge, but without comprehensively addressing the indeterminacy at the heart of the present legal structure. This Article argues a transformed system must include determinate substantive standards for various stages of child protection cases to limit the system’s scope and the potential for biased decision-making.