Richard Bonnie | April 17, 2024 | Children and the Law
Below is the abstract for “Adolescents in the Justice System: A Progress Report on the Restatement of Children and the Law,” available for download on SSRN. Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and...
F. Lee Francis | December 26, 2023 | Children and the Law
Below is the abstract for “In Loco Parentis and the Fourth Amendment Rights of Minors in Public Schools,” available for download on SSRN. When originally understood, the Constitution does not contemplate any grant of Fourth Amendment protections to minor children....
Anne C. Dailey | December 12, 2023 | Children and the Law
Below is the abstract for “In Loco Reipublicae,” available for download on SSRN. The Supreme Court has long held that children enjoy a range of constitutional rights and has emphasized the critical importance of many of these rights to children’s development as...
Emily Stolzenberg | December 6, 2023 | American Indian Law, Children and the Law
Below is the abstract for “Tribes, States, and Sovereigns’ Interest in Children,” available for download on SSRN. Haaland v. Brackeen, the unsuccessful SCOTUS challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute’s...
Jennifer Morinigo | October 25, 2023 | Children and the Law, Inside The ALI, Property, Torts: Miscellaneous Provisions
At its meeting on October 19 and 20, 2023, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed below.* Children and the Law The Council approved Council Draft No. 9 containing a general...
Clare Ryan | July 27, 2023 | Children and the Law
Below is the abstract for “Are Children’s Rights Enough?,” available for download on SSRN. Are parental rights or children’s rights better for protecting children and vindicating their interests? In this on-going debate, American family law scholars and...