Children and the Law Posts
October 2022 Council Meeting Updates
At its meeting on October 20 and 21, 2022, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.
Solangel Maldonado, Maxine Eichner Discuss Restatement of the Law, Children and the Law
Lehigh Valley Press News conducted an interview with Maxine Eichner and Solangel Maldonado on the concept of medical child abuse, state intervention, and the Restatement of the Law, Children and the Law.
The Law of Disposable Children: Searches in Schools
This Article uses a combination of methodological approaches to show how the law of searches in schools operates on the ground by conducting an in-depth case study of one jurisdiction, Illinois.
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.
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.