Emily Buss to Serve as Associate Reporter for Restatement on Children and the Law

The American Law Institute Launches Restatement on Children and the Law

PHILADELPHIA – The American Law Institute announced today that it will begin a new Restatement project, Restatement of the Law, Children and the Law.

This project will deal comprehensively with the legal regulation of children, rather than solely with family law matters. The project will examine the scope of parental authority, including decisions on health care, education, discipline, and religion; rights and responsibilities of unmarried fathers; duty to rescue and protect children from harm; and state intervention. It will also take on the issues of children in public schools; children in the justice system, including age boundaries on jurisdiction, interrogation, the attorney-client relationship, and mental-health screening, evaluation, and treatment; and children as legal persons, covering tort liability, free-speech rights, regulation of labor, children’s authority to make medical decisions, control over sexuality, and emancipation.

 “We work diligently on each project to ensure consideration of diverse viewpoints and an unbiased examination of the law,” explained ALI Director Richard Revesz. “Our project participants include advisers, academics, judges, and other practitioners who are leaders in the fields we are examining, as well as ALI members who bring expertise from other fields.  ALI’s thorough method of research and interpretation allows us to produce Restatements, Principles and Model Codes that are influential and trusted sources.”

Elizabeth S. Scott, Harold R. Medina Professor of Law, Columbia Law School, will serve as project Reporter. Richard J. Bonnie, Harrison Foundation Professor of Law and Medicine, University of Virginia School of Law; Emily Buss, Mark and Barbara Fried Professor of Law, University of Chicago Law School; Martin Guggenheim, Fiorello LaGuardia Professor of Clinical Law, New York University School of Law; Clare Huntington, Professor of Law, Fordham University School of Law; and Solangel Maldonado, Professor of Law, Seton Hall University School of Law, will serve as Associate Reporters.

“The law’s treatment of children has become increasingly complex and uncertain over the past few decades, in ways that will make the publication of an ALI Restatement particularly valuable to courts, legislatures and attorneys. An important function of the Restatement will be to reinforce the child welfare goal of legal regulation, and, at the same time, to incorporate the law’s contemporary recognition of children as legal persons.” said Scott. “The Restatement process will be informed by a growing body of developmental science and other social science research, an important trend in modern legal doctrine.”

Read more at American Law Institute