Children and the Law Posts

Early Childhood Development and the Law

As with the dawning of fields such as juvenile justice, domestic violence, and elder law, early childhood development and the law will be a focal point for research within the legal academy, a vital bridge to scholars in other disciplines, and an important means for bringing lawyers and legal scholars to the heart of emerging policy debates.

October Council Meeting Updates

At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes:

Ruling Gives Justice to Juvenile Offenders

The blindfold seen on statues of Lady Justice worldwide represents how the judicial system must not be affected by outside influences. All who enter a courtroom must, too, be treated fairly. A Monday ruling by the 8th Circuit Court confirmed that justice must be blind...

The 48-Hour Rule and Overdetention in California Juvenile Proceedings

This article explores the 48-hour rule in the juvenile context, with a particular focus on California. It summarizes California statutory law, provides a chart of the implications of current law on days of detention, and presents the results of a statewide survey on actual practice in the counties.

Life Sentences, Long Sentences Imposed on Youth Need 2nd Look

Decades of research from the fields of criminology and adolescent brain science find that the decisions made in youth — even very unwise decisions — do not crystallize criminality. Instead, as young people age and mature they develop the capacity to make different choices.

Children Crossing Borders: Internationalizing the Restatement of the Conflict of Laws

Treating internal U.S. conflicts and international conflicts law the same, without distinguishing between them, has always puzzled non-U.S. lawyers and scholars. And nowhere is the question of whether domestic and international conflicts should be treated the same more pressing than in the current work of The American Law Institute.

History of 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.

My Life in Crime: An Intellectual History of the Juvenile Court

Part I examines changes associated with the Supreme Court’s requirement that juvenile courts provide delinquents some procedural safeguards. Part II examines the Get Tough Era and states’ emphases on youths’ adult-like culpability and adoption of punitive policies. Part III reviews the Supreme Court’s recent jurisprudence of youth, reaffirmation that children are different, and limits on harsh punishment for youths. It concludes with a reflection on the limits of juvenile justice reform to improve the life chances of young people.