Simplifying Choice of Law Interest Analysis
Modern choice of law doctrine invites judges to consider the interests that states have in applying their law to a dispute. But modern choice of law doctrine has never provided judges with a rubric by which to conduct this interest analysis. This paper attempts to fill that void by proposing an extremely simple rubric by which judges can determine whether a state has an interest in applying its law to a horizontal choice of law dispute.
Restatement of the Law, Copyright: What Was Approved at the Annual Meeting?
Earlier this year, at The American Law Institute’s 2021 Annual Meeting, the ALI membership voted to approve the Tentative Draft of Restatement of the Law, Copyright. This was the first time that this project was presented to membership for approval.
The Property Law of Tokens
In this Article, we take a more sober look at the tokenization phenomenon and, in doing so, describe what exactly it means when it comes to property rights. What can a purchaser of a token expect? How is a token actually connected to the underlying asset, if at all? What does the law—not the hype—have to say about it?
Washington Law Will Require Juveniles Speak to Attorneys First
Washington State law, House Bill 1140, requires that juveniles being questioned in connection to a crime must confer with an attorney before they can speak with, or are interviewed by, police. A column in the Yakima Herald delves into the topic and the countering viewpoints.
ALI Responds to U.S. Chamber’s Inquiry Into the Restatement of Copyright
On September 10, the Global Innovation Policy Center of the U.S. Chamber of Commerce sent a letter to The American Law Institute concerning the Restatement of the Law, Copyright project. The post features ALI’s response to this inquiry.
Amazon as a Seller of Marketplace Goods Under Article 2
This Article looks at Amazon’s liability as a “seller” of unmerchantable goods under Article 2 of the Uniform Commercial Code. Thus far, litigants and courts have almost exclusively focused on Amazon’s liability in tort. This piece, however, argues that there is a compelling argument that Amazon is liable for defective third party goods because it is a merchant seller under § 2-314 of the Uniform Commercial Code.
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.