Children and the Law Posts
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.
Choosing Parentage Laws in Multistate Conduct Cases
This paper explores choosing parentage laws in multistate conduct cases in varying contexts, including cases involving parentage for childcare and nonchildcare purposes.
Project Updates from the 2022 ALI Annual Meeting
Learn more about the actions taken at this year’s ALI Annual Meeting, held last month, where the membership met to discuss and vote on twelve ALI project drafts.
Students’ Right of Personal Expression in Public School
This post includes black letter excerpted from Restatement of the Law, Children and the Law, Tentative Draft No. 4.
The Institute in the Courts: Court of Appeals of Oregon Cites Restatement of the Law, Children and the Law
In In re C. L. E., 502 P.3d 1154 (Or. Ct. App. 2021), the Court of Appeals of Oregon cited Restatement of the Law, Children and the Law § 15.30 (Tentative Draft No. 2, 2019) (subsequently renumbered as § 13.40), which the membership approved at the 2019 Annual Meeting.
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.
A Reexamination of the Parens Patriae Power
This article reexamines the theory of the parens patriae power and shows that far from being obsolete, it continues to have an impact in the juvenile legal system, particularly on the interpretation of minors’ constitutional rights in juvenile and criminal law.
October 2021 Council Meeting Updates
At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.
Washington Law Will Require Juveniles Speak to Attorneys First
Washington State law, House Bill 1140, requires that juveniles being questioned in connection to a crime must confer with an attorney before they can speak with, or are interviewed by, police. A column in the Yakima Herald delves into the topic and the countering viewpoints.