The Master’s Tools: Tribal Sovereignty and Tribal Self-Governance Contracting/Compacting
Tribal self-governance contracting/compacting has significantly raised American Indian and Alaska Native (AI/AN) health outcomes, standards of living, and education rates across tribal backgrounds. However, whether the Indian Self-Determination and Education Assistance Act (ISDEAA) of 1975 empowers tribal sovereignty remains an open question—a question with important policy implications for tribal governments.
CFPB Issues Rule Against Mandatory Arbitration
The Consumer Financial Protection Bureau has issued a final rule “governing the use of pre-dispute arbitration agreements by providers of consumer financial products and services.”
History of Children and the Law
A brief historical account may be helpful in understanding the uncertainty and the reasons why a Restatement of Children and the Law would be particularly useful in clarifying legal doctrine and in supporting emerging reform trends.
Restoration of Rights Project
The Restoration of Rights Project is an online resource that offers state-by-state analyses of the law and practice in each U.S. jurisdiction relating to restoration of rights and status following arrest or conviction. Jurisdictional “profiles” cover areas such as loss and restoration of civil rights and firearms rights, judicial and executive mechanisms for avoiding or mitigating collateral consequences, and provisions addressing non-discrimination in employment and licensing. Links to many original sources are included. The information in each profile is summarized, followed in each case by a link to the full profile.
My Life in Crime: An Intellectual History of the Juvenile Court
Part I examines changes associated with the Supreme Court’s requirement that juvenile courts provide delinquents some procedural safeguards. Part II examines the Get Tough Era and states’ emphases on youths’ adult-like culpability and adoption of punitive policies. Part III reviews the Supreme Court’s recent jurisprudence of youth, reaffirmation that children are different, and limits on harsh punishment for youths. It concludes with a reflection on the limits of juvenile justice reform to improve the life chances of young people.
Bad Medicine: Parents, the State, and the Charge of ‘Medical Child Abuse’
Doctors and hospitals have begun to level a new charge — “medical child abuse” (MCA) — against parents who, they say, get unnecessary medical treatment for their kids. The fact that this treatment has been ordered by other doctors does not protect parents from these accusations.
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.