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Home » Parent's Rights

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...

Choosing Parentage Laws in Multistate Conduct Cases

Jeffrey A. Parness | June 7, 2022 | Children and the Law, Conflict of Laws

Below is the abstract for “Choosing Parentage Laws in Multistate Conduct Cases,” available for download on SSRN. The (r)evolution in U.S. state parentage laws in the last half century presents significant, and to date generally unrecognized, challenges when parentage...

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...

Project Spotlight: Restatement of the Law, Children and the Law

Debra H. Lehrmann | December 26, 2017 | Children and the Law

Introduction For the first time, the ALI is undertaking a comprehensive explanation of the legal issues related to children, which should be of great benefit to the legal community and to society generally. Traditionally, children had few rights, and full authority...

Medical Decisions, Corporal Punishment, and Parents’ Rights

Emily Buss, Solangel Maldonado and Clare Huntington | August 25, 2017 | Children and the Law

Project Reporters Emily Buss, Solangel Maldonado, and Clare Huntington discuss issues of pluralism in the Children and the Law Restatement in the video below. One of the things about working and writing in the area of children’s law, everybody, whether it has...

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