October 2023 Council Meeting Updates
At its meeting on October 19 and 20, 2023, the Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed.
View ArticleJustices to consider choice-of-law clauses in maritime insurance contracts
Earlier this month, the U.S. Supreme Court heard arguments in Great Lakes Insurance v. Raiders Retreat Realty. Justices will consider choice-of-law clauses in maritime insurance contracts.
View ArticleThe Capitalization of Incomplete Property Rights to the Groundwater Commons
Incomplete property rights are common across a range of natural resources such as fisheries and groundwater. This paper takes a hedonic approach to understanding how three core features of prior...
View ArticleSacred Easements
This Article proposes a new approach, rooted in property law, for Native American faith communities to protect their sacred sites.
View ArticleALI CLE Program: Choice-of-Entity and Tax Considerations for Nonprofits
A new ethics course from ALI CLE will discuss the different approaches for nonprofits and charitable organizations’ entity selection and the results these selections will have on the organization’s tax...
View ArticleNew UCC Article 12: Applying the Rules to Practice
This ALI CLE course discusses the new UCC Article 12, which outlines definitions and rules for transferees who obtain control of certain digital assets as the article is being increasingly accepted by...
View ArticleTrusts and the Choice of Law: What Role for the Settlor’s Choice and the...
The question of to what extent a settlor should be permitted to create a trust governed by the law of, and administered in a jurisdiction that is not the settlor's domicile or residence, is an...
View ArticleTribes, States, and Sovereigns’ Interest in Children
This Article takes opposition to ICWA as an opportunity to scrutinize the nature and permissible scope of political communities’ interests in children. Acknowledging that a community’s and a child’s...
View ArticleIn Loco Reipublicae
This Article offers a new framework for children in constitutional law, one that elevates children’s rights as developing citizens by recognizing parental duties to respect those citizenship rights.
View ArticleThe Institute in the Courts: The American Law Institute and State Courts
State courts across the country continue to be guided by the work of The American Law Institute. During the 2022-2023 fiscal year, courts in 49 states and the District of Columbia cited the...
View ArticleUCLA Law Review Issue on the Restatement of the Law, Charitable Nonprofit...
Last fall, UCLA Law hosted a symposium on the Restatement of the Law, Charitable Nonprofit Organizations.
View ArticleIn Loco Parentis and the Fourth Amendment Rights of Minors in Public Schools
I contend, here, that to achieve and maintain proper discipline as well as the safety of all schoolchildren, a probable cause standard to Fourth Amendment violations is sufficiently lacking in...
View ArticleConflict of Laws: Choice of Law Theories in Tort
This article delves into the theories governing the choice of law rules in tort cases within the context of conflict of laws.
View ArticlePrinciples for a Data Economy Is Available
ALI-ELI Principles for a Data Economy is a joint undertaking with the European Law Institute, which, much like the ALI, is a membership-based, independent nonprofit organization with the mission of...
View ArticleLaw360 Article on Excessive Force Claims
This recent Law360 Access to Justice article examines several excessive use-of-force cases and what this could mean for future litigants.
View ArticleCourt split over California man’s takings clause dispute
Justices appeared divided at oral argument in a California man’s challenge to the constitutionality of the “traffic impact mitigation” fee that he was required to pay when building his home.
View ArticleJanuary 2024 Council Meeting Updates
At its meeting on January 18 and 19, 2024, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed.
View ArticleALI-ELI Webinar on the Use of Automated Decision-Making and Consumer Law
On February 8, ALI and ELI will host a webinar on the use of automated decision-making and consumer law.
View ArticleMaking Whole, Making Better, and Accommodating Resilience
This article undermines the conventional story that compensatory damages aim to make plaintiffs whole, but not better off. This make-whole ideal implies that courts should subtract material gains from...
View ArticleNew Jersey Enacts Comprehensive Privacy Law
New Jersey is the first state to enact a comprehensive privacy law in 2024 and the 13th state overall with a comprehensive privacy law on the books. The law is notable in applying to nonprofit...
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