The provisions on sentence reduction in the Model Penal Code: Sentencing project have recently played a key role in federal sentencing reform efforts. In one case a federal task force on corrections credited the ALI for one of its recommendations; in another. the U.S. Sentencing Commission expanded its policy on sentence reduction after hearing testimony from two Advisers to the MPC project.
The definition of Consent has been one of the most hotly debated issues in the project. Although it comprises only a single subsection of the Definitions section (Section 213.0(3)), “consent” is the principal concept used to distinguish lawful from unlawful sexual conduct. It is therefore critical that the concept is accurately defined.
Governor Pat McCrory just signed into law House Bill 972, which prohibits the public disclosure of police officer camera recordings. If you happen to be in the video or audio recording, you can request the file, but that request can be denied.
The Draft Restatement Improperly Limits Use of Extrinsic Evidence in Insurer Decision-Making on Duty To DefendWilliam T. Barker
The thesis of this article is that a liability insurer, in determining whether it has a duty to defend a suit against one claiming to be an insured should be entitled to consider any evidence extrinsic to the complaint against the insured that bears on facts not at issue in the suit it has been called upon to defend; in certain circumstances, it may even be entitled to consider evidence bearing on facts that are at issue in that suit. That issue is now in dispute in the process of drafting a “Restatement of the Law of Liability Insurance.” This article will describe the dispute and criticize both of the competing drafts.
Hear Associate Reporter Wenona Singel discuss Indian child welfare – the history and the clarity that the Restatement will offer.
Rape is redefined in gender equality terms by eliminating consent, an intrinsically unequal concept, and reconceiving force to include inequalities. International developments recognizing sexual assault as gender crime reveal domestic law’s failures and illuminate a path forward. A statutory proposal is offered.