Advancing Racial Justice Through the Restatement of Children and the Law: The Challenge, the Intent, and the Opportunity

From the Introduction:  

“Racial inequities are addressed to varying degrees in at least three of the four sections of the Restatement of Children and the Law. This Essay evaluates whether and how well this Restatement advances racial justice and identifies additional opportunities for the ALI to address racial inequities now and in future iterations of the Restatement. The Essay begins in Part I with an acknowledgement of the challenges that any reporter will face in drafting a restatement to achieve radical reform. Part II recognizes that the reporters for the Restatement of Children and the Law were concerned about the harmful impacts of racial bias in the laws and systems that impact children and hoped their commentary and analysis would highlight and reduce those harms. Specifically, Part II identifies examples from “Children in Families,” “Children in Schools,” and “Children in the Justice System” to show how the reporters effectively addressed race in their comments, reporters’ notes, and illustrations. Part III recognizes that our understanding of racial disparities and their root causes is ever evolving as new research emerges, and a small but growing number of judges across the country make decisions that acknowledge the importance of race in society and establish much-needed safeguards for people of color in the legal system. Focusing on selections from “Children in the Justice System,” Part III capitalizes on the opportunity created by this rapidly changing landscape to identify additional areas of the Restatement that can reduce harm and increase protections for youth of color. The Conclusion recognizes that as the reporters near the end of this work, there is still time to edit the reporters’ notes and urges the ALI to create mechanisms to quickly update the Restatement without reconvening their advisers for a second Restatement of Children and the Law.”