October 2022 Council Meeting Updates
At its meeting on October 20 and 21, 2022, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.
Natural Resource Property Customs
In an era of space exploration, e-commerce, and internet, the United States follows the same Civil War-era mining law, enacted prior to the invention of the lightbulb and automobile. This article examines the history of American natural resource customs in mining systems and how those customary property traditions ultimately led to our current mining laws.
Solangel Maldonado, Maxine Eichner Discuss Restatement of the Law, Children and the Law
Lehigh Valley Press News conducted an interview with Maxine Eichner and Solangel Maldonado on the concept of medical child abuse, state intervention, and the Restatement of the Law, Children and the Law.
The Law of Disposable Children: Searches in Schools
This Article uses a combination of methodological approaches to show how the law of searches in schools operates on the ground by conducting an in-depth case study of one jurisdiction, Illinois.
Party Autonomy and the Challenge of Choice of Law
This essay argues that party autonomy does not have one comprehensive justification, but that it might be justified by a set of distinct if overlapping arguments that point to vital ideas often overlooked in the contemporary conversation. If choice of law doctrine embraces party autonomy, it might be in part because its shapers instinctively and inchoately recognize those considerations.
Teaching Indian Law in the 21st Century
In the 21st century, many law schools offer Indian law but generally are still far behind the curve. Worse, when it is offered, the Indian law canon tends to be taught in ways that ignore contemporary tribal agency by emphasizing historical events over modern issues. This article gives examples of tribal court cases and tribal statutes law teachers can use to incorporate Indian law into virtually any common law course.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.