Governor Jerry Brown on Wednesday signed a criminal justice reform package focused on reducing juvenile sentences and recidivism in California, drawing applause from civil rights groups and celebrity activists.
“Restatement Fourth of Property” sounds like an exercise in excess. It isn’t. It is true that there have been three rounds of previous Restatements of Property that have contributed greatly to the development of the law. And it is also the case that property law presents a large and seemingly disparate set of problems, doctrines, and institutions, making any attempt to restate the law in this area no small challenge.
After a landmark decision on Native American jurisdiction in August, Oklahoma prosecutors have asked the 10th U.S. Circuit Court of Appeals to reconsider its ruling, this time asking the whole court to review the opinion of a three-judge panel.
When last we addressed the American Law Institute’s (ALI) proposed Restatement, Law of Liability Insurance, we reported that the organization decided at its May annual meeting to table final consideration of the document until 2018.
According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent.
This article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort.