A recent case before the Florida Supreme Court has found that the incorporation by reference of the American Arbitration Association (AAA) arbitration rules in Airbnb’s Terms of Service constitutes clear and unmistakable evidence of the parties’ intent to delegate questions of arbitrability away from the court and to the arbitrator.
Reporter Kermit Roosevelt III outlines the overall goals of the Restatement of the Law Third, Conflict of Laws project and Tentative Draft No. 3 in this video.
Is the Court of Indian Offenses of Ute Mountain Ute Agency a Federal Agency for Purposes of the Fifth Amendment’s Double Jeopardy Clause? (Denezpi v. United States, Docket 20-7622)
This case examines the application of the U.S. Constitution’s Double Jeopardy Clause, sits within the intersection of tribal courts, federal Indian law, and federal criminal law and jurisdiction. Essentially, the question is whether a Native American Indian can be punished twice for the same conduct—first in tribal court and a second time in federal court.
New York Times v. Sullivan Transformed American Defamation Law From Thumper’s Rule to Incented Obloquy
This essay argues that the New York Times actual malice standard is a fundamentally flawed and unnecessary rule that has had untoward unintended consequences for our public discourse.
At the invitation of the leadership of The American Law Institute, a group whose members span a range of legal and political views came together to consider possible Electoral Count Act reforms.
The U.S. Supreme Court will consider what it means for a work of art to be “transformative” for purposes of fair use under the Copyright Act.