Children and the Law Posts

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.