Tribes, States, and Sovereigns’ Interest in Children
This Article takes opposition to ICWA as an opportunity to scrutinize the nature and permissible scope of political communities’ interests in children. Acknowledging that a community’s and a child’s interests may at times conflict, in turn, makes clear the need to develop tools to identify and manage such conflicts when they occur.
Trusts and the Choice of Law: What Role for the Settlor’s Choice and the Place of Administration?
The question of to what extent a settlor should be permitted to create a trust governed by the law of, and administered in a jurisdiction that is not the settlor’s domicile or residence, is an important one in modern trust practice. This Article tackles the central aspects of this question and proposes a path forward.
New UCC Article 12: Applying the Rules to Practice
This ALI CLE course discusses the new UCC Article 12, which outlines definitions and rules for transferees who obtain control of certain digital assets as the article is being increasingly accepted by state legislatures.
ALI CLE Program: Choice-of-Entity and Tax Considerations for Nonprofits
A new ethics course from ALI CLE will discuss the different approaches for nonprofits and charitable organizations’ entity selection and the results these selections will have on the organization’s tax status.
Sacred Easements
This Article proposes a new approach, rooted in property law, for Native American faith communities to protect their sacred sites.
The Capitalization of Incomplete Property Rights to the Groundwater Commons
Incomplete property rights are common across a range of natural resources such as fisheries and groundwater. This paper takes a hedonic approach to understanding how three core features of prior appropriation water rights in Kansas—access, allocation, and seniority—confer value to irrigated farmland.
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. Completed work is available to purchase online.