The Use and Abuse of Governing-Law Clauses in Trusts: What Should the New Restatement Say?
This Essay offers a novel solution to a thorny problem at the intersection of trust law and the conflict of laws: When should the settlor be able to choose a governing law other than the law of the jurisdiction with the most significant relationship to the trust?
Misdemeanors: Why One Lawyer Says They’re Making America More Unequal
In a story from The Take Away, a podcast supported by New York Public Radio, Alexandra Natapoff of the UC Irvine School of Law discusses the position she presents in her new book Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes American More Unequal.
Welcome to the Border: Asylum Seekers in the Trump Era
If you believe the rhetoric, the U.S.-Mexico border is a repugnant and dangerous place roiling with unseemly people sneaking into our country, smuggling drugs and escaping law enforcement.
Keep Cross-Examination Out of College Sexual-Assault Cases
Requiring cross-examination in campus sexual-misconduct proceedings is among the key features of the Department of Education’s proposed Title IX reforms currently open for public comment.
Certainty vs. Flexibility in the Conflict of Laws
Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction.
Argument Analysis: Justices Grapple With Preclusion and “Occupation” in Crow Tribe Treaty Case
On Tuesday, the Supreme Court heard argument in its latest foray into Indian treaty interpretation, Herrera v. Wyoming. The case concerns the persistence of the Crow Tribe’s hunting right in the 1868 Second Treaty of Fort Laramie. In an occasionally meandering argument, the Supreme Court repeatedly circled the three issues at the core of the case: issue preclusion, the implications of the court’s holding in its 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians, and the meaning of the treaty term “unoccupied.”
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.