Commercial Court upholds right of insurer to avoid policy for misrepresentation and non-disclosure

In Dalecroft Properties Ltd v. Underwriters [2017] EWHC 1263 (Comm), Mr. Richard Salter QC (sitting as a Deputy Judge of the High Court) confirmed the defendant insurers’ right to avoid a property insurance policy following various misrepresentations relating to the state of repair of the insured property and non-disclosures relating to acts of vandalism to the property.

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Establishing Best Practices for Stop Data Collection

Few controversies in policing are as fraught as the use of Terry stops—temporary detentions made by officers upon reasonable suspicion of criminal activity, often accompanied by protective pat-down searches known as “frisks.” Studies have shown that racial minorities are disproportionately targeted for Terry stops, raising concerns about profiling and discrimination. Yet many police agencies view Terry stops as a critical tool in their arsenal. A related concern is the use of traffic stops—even on probable cause—to conduct more intrusive searches.

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Jurisdiction in the Fourth Restatement of Foreign Relations Law

The essay describes the Fourth Restatement’s division of jurisdiction into the three categories of jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce. It covers the principal developments in each category since publication of the Third Restatement in 1987, including the revival of the presumption against extraterritoriality.

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New Model Penal Code for Criminal Sentencing: Comprehensive Reform Recommendations for State Legislatures

Ambitious changes such as those recommended in the MPCS are urgently needed in the US. While we are the undisputed leader in incarceration rates worldwide, we suffer from much more than “mass incarceration.” It would be more accurate to say that we have blundered into mass punishment of all kinds. Internationally, America is in the highest tier of harsh justice with our astonishingly high probation supervision rates, intrusive and counterproductive probation conditions, crushing economic penalties, uncountable collateral consequences of conviction, outsized parole supervision rates, and massive revocations of people from community supervision into our prisons and jails.

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