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The Institute in the Courts: Supreme Court of Nevada Adopts Sections of Restatement of the Law Third, Property (Servitudes)

Megan Dingley | August 12, 2022 | Inside The ALI, Property

Recently, in Moretto Trustee of the Jerome F. Moretto 2006 Trust v. ELK Point Country Club Homeowners Ass’n, Inc., 507 P.3d 199 (Nev. 2022), the Supreme Court of Nevada adopted Restatement of the Law Third, Property (Servitudes) §§ 6.7 and 6.9 “to govern issues...

The Institute in the Courts: Court of Appeals of Oregon Cites Restatement of the Law, Children and the Law

Megan Dingley | May 6, 2022 | Children and the Law, Inside The ALI

In In re C. L. E., 502 P.3d 1154 (Or. Ct. App. 2021), the Court of Appeals of Oregon cited Restatement of the Law, Children and the Law § 15.30 (Tentative Draft No. 2, 2019) (subsequently renumbered as § 13.40), which the membership approved at the 2019 Annual...

Institute in the Courts: Foreign Relations 4th Gains Attention

Megan Dingley | November 18, 2021 | Inside The ALI, U.S. Foreign Relations Law

The Restatement of the Law Fourth, The Foreign Relations Law of the United States: Selected Topics in Treaties, Jurisdiction, and Sovereign Immunity, which was published in 2018, has been receiving significant attention in federal and state courts. The Restatement was...

Supreme Court of New Mexico Cites Principles of the Law, Policing

Megan Dingley | April 20, 2021 | Policing

In State v. Martinez, 478 P.3d 880 (N.M. 2020), the Supreme Court of New Mexico cited the Principles of the Law, Policing (T.D. No. 2, 2019), in abandoning the prevailing federal rule governing the admission of eyewitness-identification evidence, as articulated in...

U.S. Supreme Court Cites Restatement of Torts

Megan Dingley | March 26, 2021 | Torts: Intentional Torts to Persons

Recently, the U.S. Supreme Court held that “the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued,” and cited the Restatement of the Law, Torts, in reasoning that the common...
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