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The Enduring Importance of Parental Rights

Clare Huntington and Elizabeth S. Scott | June 14, 2022 | Children and the Law

Below is the abstract for “The Enduring Importance of Parental Rights,” available for download on SSRN. In this symposium contribution for The Law of Parents and Parenting, we argue that parental rights are—and should remain—the backbone of family law. State deference...

Conceptualizing Legal Childhood in the Twenty-First Century

Clare Huntington and Elizabeth S. Scott | November 11, 2019 | Children and the Law

ABSTRACTThe law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the...

Parental Authority and Responsibility for Medical Care

Elizabeth S. Scott, Richard Bonnie, Emily Buss, Clare Huntington, Solangel Maldonado, David D. Meyer and Jennifer Morinigo | April 20, 2018 | Children and the Law

Two Sections from the 2018 Annual Meeting draft deal with this topic. Black letter for each Section is included below. The full draft contains Comments (with Illustrations) and Reporters’ Notes. Section 2.30, on parental authority and responsibility for medical care,...

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