Children and the Law Posts

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

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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

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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.

Distinguishing ‘Incorrigibility’ From ‘Transient Immaturity’: Risk Assessment in the Context of Sentencing/Resentencing Evaluations for Juvenile Homicide Offenders

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n two recent cases, the United States Supreme Court abolished mandatory juvenile life without parole (LWOP; Miller v. Alabama, 2012) and held that the ban applies retroactively (Montgomery v. Louisiana, 2016). Pointedly, the Court suggested that juveniles should only be sentenced to LWOP when they are ‘incorrigible’ or ‘irreparably corrupt.’