Does the Draft Restatement of the Law of Liability Insurance Wrongly Elevate Proof and Overvalue Legal Uncertainty? Yes, Given the Foreseeable Risk Insurers May More Often Decline the Duty to Defend as a Result

This Commentary [originally published in the Rutgers University Law Review] focuses on the proposed Restatement of the Law of Liability Insurance 2016, Tentative Draft No. 1, sections 4, 13, 18, 19, 21, and associated materials. Tentative Draft No. 1 of the American...

MPC: Sentencing Figures in Federal Sentence Reform

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...