Reforming the Law of Rape

In this Article, I undertake two distinct tasks. First, I want to discuss what the laws against sexual assault ideally should look like. But second, I also want to discuss rape law from the perspective of someone who has spent the past four years in the messy and frustrating work of legislative compromise, trying to design law reform that can be both progressive and enactable.

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Federal Indian Law: Taking Account of the Lessons of History

It’s highly appropriate for The American Law Institute to take on federal Indian law; it is fundamental to who we are as a nation. The history of federal Indian law reflects the country coming to grips with its colonization of indigenous peoples. The process has gone on now for a long time, obviously, and in the early stages, the state of the law was dismal from a human rights standpoint.

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