This offering combines an introductory course on Children and the Law with an opportunity for students to work on a new Restatement, led by Professor Scott, that was approved in 2015 by the American Law Institute. The course will cover the scope of parental authority and the parent-child relationship, intervention in families for child maltreatment, children as legal persons (including restrictions on children’s rights and privileges as compared to adults), medical decision making authority by parents and children, and children’s rights in the public school setting (including the scope of free speech and 4th Amendment protection). An important focus of the course will be juvenile justice policy.
The new Restatement on Children and the Law will address four areas of legal regulation: The parent-child relationship, children in schools, children as legal persons and juvenile justice. Students will work in teams as reporters on designated issues, and will follow the standard process through which contemporary Restatements are produced. This includes undertaking comprehensive research on the issue, drafting black letter law, and writing comments and reporters’ notes. The draft sections and comments will be distributed to the class, which collectively will act as a Restatement Advisory Group, providing feedback to each reporter team on their sections.
Enrollment is limited to 24 students.