Torts in the American Law Institute
This Article suggests that, in the domain of tort law, The American Law Institute has had important successes when proceeding in the manner of an appellate court, and has courted trouble when operating in the other modes.
Cedar Point Nursery and the End of the New Deal Settlement
The United States Supreme Court case Cedar Point Nursery v. Hassid has sparked intense criticism, with critics arguing that the decision threatens to transform the law of property rights so as to “hobble” government land use regulation and even undermine democracy. This Article explains why the objections of Cedar Point’s detractors are misplaced and that it is best understood as another step in the normalization of property rights.
Improving (and Avoiding) Interstate Interpretive Encounters
This paper addresses situations in which a state court may have legitimate reasons to resist applying sister-state methodology to a sister-state statute and considers the potential role of the federal courts in modeling and encouraging compliance with the general duty to apply sister-state methodology.
Ownership Concentration: Lessons from Natural Resources
This Essay suggests that where the concentration of land ownership is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting fisheries, mineral extraction, farmland, and the like that have proven a considerable success.
Expanding State Parent Registry Laws
This Article, using pronouncements by the Uniform Law Commissioners and The American Law Institute, explores parents registries, their variation and limitations, and provides suggestions on how to reform them to meet constitutional and public policy concerns.
Comparative Property Law and the Pandemic: Vulnerability Theory and Resilient Property in an Age of Crises
This Article examines the range of ways that governments adapted their approaches to property, housing, and homelessness during the pandemic.
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.