Children and the Law: School Searches – Search Based on Individualized Suspicion

Elizabeth S. Scott, Richard Bonnie, Emily Buss, Clare Huntington, Solangel Maldonado and Jennifer Morinigo | April 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. The below black letter and Comment is excerpted from this draft, which contains § 10.10. Student Search by School Officials...

Children and the Law: Protecting the Vulnerable in a Time of Crisis

Kristin Nicole Henning, Clare Huntington, Elizabeth S. Scott, Marsha Levick and Jennifer Morinigo | December 23, 2020 | Children and the Law

The treatment of the children in two distinct areas of the law – child welfare and juvenile justice – is fraught with difficulty even under the best of circumstances. But with the onslaught of the COVID pandemic, the regular challenges and the need to protect children...

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...

Children and the Law: Adjudicative Competence in Criminal Proceedings

Elizabeth S. Scott, Richard Bonnie, Emily Buss, Clare Huntington, Solangel Maldonado, David D. Meyer and Jennifer Morinigo | May 14, 2019 | Children and the Law

This Black Letter, presented in Tentative Draft No. 2, was approved by ALI membership during the 2019 Annual Meeting, subject to the discussion at the Meeting and usual editorial prerogative. Actions taken with respect to this Draft may be ascertained by consulting...

Children in Schools: Use of Force to Control and Punish

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