Jurisdiction in the Fourth Restatement of Foreign Relations Law

The essay describes the Fourth Restatement’s division of jurisdiction into the three categories of jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce. It covers the principal developments in each category since publication of the Third Restatement in 1987, including the revival of the presumption against extraterritoriality.

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New Model Penal Code for Criminal Sentencing: Comprehensive Reform Recommendations for State Legislatures

Ambitious changes such as those recommended in the MPCS are urgently needed in the US. While we are the undisputed leader in incarceration rates worldwide, we suffer from much more than “mass incarceration.” It would be more accurate to say that we have blundered into mass punishment of all kinds. Internationally, America is in the highest tier of harsh justice with our astonishingly high probation supervision rates, intrusive and counterproductive probation conditions, crushing economic penalties, uncountable collateral consequences of conviction, outsized parole supervision rates, and massive revocations of people from community supervision into our prisons and jails.

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Insurance expert Tom Baker discusses progress on ALI’s Restatement of Law Liability Insurance

Penn Law’s Tom Baker serves as the Reporter for the American Law Institute’s Restatement of the Law Liability Insurance. The ALI membership met on May 23 and discussed the Restatement, which would help to define insurance law as a field. Professor Baker is an expert in insurance law, and he took the time to explain where the project currently stands.

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Amazon Echo, Google Home Devices Raise Privacy Rights Questions

Legal experts say Congress and the states need to step in to protect Americans’ privacy rights from the proliferation of voice-activated personal assistant devices such as Amazon’s Echo and Google’s Home, after a murder case in Arkansas raised questions about how much the devices are hearing — and whether the government can demand access to its recordings.

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ALI Liability Insurance Restatement – Final Approval Delayed: What It Means

It had been expected by many that, after seven years of arduous work, The American Law Institute’s (ALI) “Restatement of the Law, Liability Insurance” would be approved on Tuesday, May 23 at the Institute’s Annual Meeting at The Ritz-Carlton Hotel in Washington, D.C. But, despite expectations, no white smoke bellowed from the luxury hotel’s chimney.

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