Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of U.S. Limitations
There are over 570 federally-recognized Tribal Nations in the United States and more than 330 tribal courts serving as the judicial branch of those nations. Yet, there is little mention of the existence of tribal courts in most mainstream civil procedure courses taught in the over 200 law schools in the United States.
Privacy Harms
Privacy harms have become one of the largest impediments in privacy law enforcement. In most tort and contract cases, plaintiffs must establish that they have been harmed. Even when legislation does not require it, courts have taken it upon themselves to add a harm element.
Restoring Federal Government Ethics and the Rule of Law
On Tuesday, March 2, at 10:30 a.m., Lawfare and Governance Studies at the Brookings Institution are hosting a webinar to discuss the new report, “If It’s Broke, Fix It: Restoring Federal Government Ethics and Rule of Law.”
Using the Corporate Prosecution and Sentencing Model for Individuals: The Case for a Unified Federal Approach
This essay explores the different approaches the Department of Justice and Sentencing Commission have taken to individual and corporate defendants and explain why aspects of the corporate model should apply to individual cases as well.
A Partisan Battle In An Overreach of A Case
Brnovich v. Democratic National Committee is a strange voting rights case. Rather than the typical case, in which a voting rights group representing minority voters sues a state or locality for engaging in electoral discrimination, this case pits the two major political parties against each other, and Republican officials in Arizona against Democratic officials.
District of Maine Seeks Guidance on Duty to Defend from Restatement of Liability Insurance
In its Decision and Order on Cross-Motions for Summary Judgment (2021 WL 681119), the District Court of Maine was presented with the issue of when a duty to defend terminates. The court looked to Section 18 of Restatement of the Law, Liability Insurance (Restatement) for guidance.
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.