Property and Sovereignty in America: A History of Title Registries & Jurisdictional Power
This Article tells an untold history of the American title registry—a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today.
Are Children’s Rights Enough?
This Article analyzes case law on custody and family separation from a jurisdiction that uses a strong children’s rights approach, the European Court of Human Rights. These cases provide a valuable comparator by which to test whether children’s rights framing changes the way that courts reason about children.
Building Cross-disciplinary Bridges: Advancing Evidence-Based Legal Protections for Children in Cyberspace
The article identifies a systemic policy failure, where lawmakers have fallen behind the private sector in understanding and incorporating scientific findings on children’s unique attributes, needs and vulnerabilities into policies that regulate these technologies.
Takings, Original Meaning, and Applying Property Law Principles To Fix Penn Central
This article contends that the term “property” as used in the Takings Clause is a group of rights, the essential being the right to possess, the right to exclude others, the right to alienate, and most saliently, the right to beneficial use.
Distinguishing Family Poverty from Child Neglect
This Article identifies a range of changes which would improve the legal system’s ability to distinguish poverty from neglect, by both eradicating long-standing legal rules which confuse poverty and neglect, and establishing more radical rules that would reverse the historical division between neglect cases and anti-poverty financial supports.
Floating Liens Over Crypto-in-Commerce
This Essay shows how the UCC amendments can be used to structure more complex secured credit arrangements that tap into the borrowed capital potential of blockchain technology.
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.