Author at The ALI Adviser

What is the Children and the Law Restatement?

by Clare Huntington | Oct 19, 2018 | Children and the Law

The Children and the Law Restatement aims to present a contemporary conception of parental rights and authority with the promotion of child welfare as a core goal, while grappling with questions about the legal personhood of children. Here is a video explaining the scope of the project.

Use of Incriminating Disclosures in Connection with Transfer Proceedings

by Clare Huntington | Oct 5, 2018 | Children and the Law

This week, project participants for ALI’s Children and the Law Restatement gather in Philadelphia to discuss Preliminary Draft No. 5, which includes three Sections from Part III. Children in the Justice System:

Rights of a Juvenile in Custody; Definition of Custody

by Clare Huntington | May 1, 2018 | Children and the Law

Part III of the Children and the Law project deals with juvenile justice doctrine. In this area, modern courts increasingly have focused on differences between juvenile and adult offenders, often invoking research on adolescent development to guide legal decisionmaking. As the Introduction to this Part indicates, the Supreme Court has played an important role in promoting this developmental approach; in several opinions, the Court has determined that the immaturity of adolescents should inform the justice system response to juvenile offending.

Parental Authority and Responsibility for Medical Care

by Clare Huntington | Apr 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.

Early Childhood Development and the Law

by Clare Huntington | Nov 3, 2017 | Children and the Law

As with the dawning of fields such as juvenile justice, domestic violence, and elder law, early childhood development and the law will be a focal point for research within the legal academy, a vital bridge to scholars in other disciplines, and an important means for bringing lawyers and legal scholars to the heart of emerging policy debates.