The Supreme Court’s Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy?
This Article examines what has been the role of the Supreme Court in integrating Indian nations as the third Sovereign within our federalist system.
Finality and the Capital/Non-Capital Punishment Divide
This piece examines the role that concerns about finality have played in both capital cases and juvenile life-without-parole sentencing cases.
Restatements and the Federal Common Law
I will focus on a different, less discussed front: federal common law. The ALI’s influence on this front is more recent.
Finding the Balance in Title IX
In “The Takedown of Title IX: Inside the fight over federal rules on campus sexual assault,” The New York Times highlights the tension between addressing sexual assault allegations and ensuring the due process rights of the accused during campus proceedings.
Agua Caliente Indians Victory Could Alter Water Practices in Western States
The U.S Supreme Court denied a petition to hear a case involving whether, when, and to what extent the federal reserved right doctrine recognized in Winters v. United States pre-empts state-law regulation of groundwater.
Attorney General Becerra Announces $2 Million Settlement Involving Santa Barbara-based Cottage Health System Over Failure to Protect Patient Medical Records
California Attorney General Xavier Becerra today announced a $2 million settlement with Cottage Health System and its affiliated hospitals in California resolving allegations that they failed to implement basic, reasonable safeguards to protect patient medical information in violation of state and federal privacy laws.
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.