The following black letter is excerpted from Tentative Draft No. 6, which contains § 13.10-13, Transfer to Criminal Court.
Clare Huntington Posts
The American Law Institute’s Restatement of the Law, Children and the Law Is Approved
by Clare Huntington | May 22, 2024 | Children and the Law
The American Law Institute’s membership voted to approve Restatement of the Law, Children and the Law, the first Restatement to comprehensively examine the legal regulation of children.
Pragmatic Family Law
by Clare Huntington | Jun 2, 2023 | Children and the Law
In many areas, family law has managed to avoid polarization. Instead, states are converging on similar rules and policies, working toward consensus on once-divisive issues. What ties together these widespread but underappreciated patterns of convergence, depolarization, and nonpartisan pluralism? This Article argues that a deep, underlying commonality is a pragmatic method of decision- and policymaking.
The Enduring Importance of Parental Rights
by Clare Huntington | Jun 14, 2022 | Children and the Law
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.
Students’ Right of Personal Expression in Public School
by Clare Huntington | May 11, 2022 | Children and the Law
This post includes black letter excerpted from Restatement of the Law, Children and the Law, Tentative Draft No. 4.
Children and the Law: School Searches – Search Based on Individualized Suspicion
by Clare Huntington | Apr 29, 2021 | Children and the Law
Restatement of the Law, Children and the Law, Tentative Draft No. 3 (TD3) will be presented to ALI membership at the 2021 ALI Annual Meeting. This post includes black letter and Comment excerpted from this draft, which contains § 10.10. Student Search by School Officials Based on Individualized Suspicion.
Children and the Law: Protecting the Vulnerable in a Time of Crisis
by Clare Huntington | Dec 23, 2020 | Children and the Law
In this episode of Reasonably Speaking, juvenile justice scholar and Chief Reporter of the Restatement of the Law, Children and the Law, Elizabeth Scott guides our Children and the Law-exclusive panel through a series of discussions centering on child advocacy and juvenile law during a pandemic.
Conceptualizing Legal Childhood in the Twenty-First Century
by Clare Huntington | Nov 11, 2019 | Children and the Law
The 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 past few decades.
Children and the Law: Adjudicative Competence in Criminal Proceedings
by Clare Huntington | May 14, 2019 | Children and the Law
The following entry is excerpted from the Black Letter and Comments of Tentative Draft No. 2, Restatement of the Law, Children and the Law, Part III–Children in the Justice System; Section 17.20 Adjudicative Competence in Criminal Proceedings.
Children in Schools: Use of Force to Control and Punish
by Clare Huntington | Apr 12, 2019 | Children and the Law
The following entry is excerpted from the Black Letter and Comments from Tentative Draft No. 2, Part II–Children In Schools; Chapter 8–Discipline And Order Maintenance; Topic 1–The Use Of Force In Response To Student Misbehavior; Section 8.10. Use of Force to Control and Punish.