Comment: Protecting Childhood Independence and the Families Who Embrace It

Pimentel, David

Journal: Washington and Lee Law Review

Volume: 81

First Page: 439

Year: 2024

Bluebook Citation: 81 WASH. & LEE L. REV. 439 (2024)

Author: David Pimentel: all 21 publications


Abstract

The legal problem of how to give parents flexibility and how to give children independence cuts to the core of some of our most sacred values: (1) how we raise our kids in this society, (2) the degree to which parents are free to raise their children as they see fit, and (3) the extent to which the state gets to substitute its own judgment for that of parents. Incursions into the family, and disruptions of family security and integrity, should be the exception rather than the rule. Schick-Malone joins a small group of legal scholars who are not content to stand by and watch while families are disrupted and parents are forced to infantilize their children for fear of legal consequences. Her contribution to the discussion and debate in this area is most welcome, as it highlights the problem and raises awareness of the need for better solutions and better approaches.

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