Judicious Imprisonment: Does Current Sentencing for Non-Violent Offenses Promote Political Legitimacy?
Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs.
Sentencing Reform: Fixing Root Problems
In theory, at least, many subscribe to the belief that it is better to let 10 or 100 guilty persons go free rather than convict an innocent person.
Reputation Assurance: Why, How, and What
Reputation risk is a material peril of economic harm from angry disappointed stakeholders. It is the gap between those stakeholders’ expectations and the reality of their experience with any given entity.
What is the Children and the Law Restatement?
The Children and the Law Restatement aims to present a contemporary conception of parental rights and authority with the promotion of child welfare as a core goal, while grappling with questions about the legal personhood of children. Here is a video explaining the scope of the project.
Calculating Corporate Compliance & The Foreign Corrupt Practices Act
Technology is rapidly disrupting every industry and institution around the globe. Yet, corporate compliance has remained relatively unaffected by technological change when compared to other industries.
Argument Analysis: Weighing Federal Court Access for Local Takings Plaintiffs
Property owners sometimes allege that a local government has violated the Fifth Amendment’s takings clause, which prohibits the taking of private property “for public use, without just compensation.” But where can plaintiffs bring those claims? In Wednesday’s argument in Knick v. Township of Scott, the Supreme Court revisited a 1985 case that has made it difficult to bring certain takings claims in federal court. In that case, Williamson County Regional Planning Commission v. Hamilton Bank, the court ruled that “if a state provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause until it has used the procedure and been denied just compensation.”
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.