Department of Education Rethinking Campus Guidance on Sexual Assault
Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint.
Ruling Gives Justice to Juvenile Offenders
The blindfold seen on statues of Lady Justice worldwide represents how the judicial system must not be affected by outside influences. All who enter a courtroom must, too, be treated fairly. A Monday ruling by the 8th Circuit Court confirmed that justice must be blind...
Eighth Circuit Upholds the Dismissal of a Non-Student’s Title IX Claim
The Eighth Circuit’s ruling does not address whether a non-student may sue under Title IX, but instead finds that the plaintiff’s allegations fail to state a plausible claim to survive dismissal.
The 48-Hour Rule and Overdetention in California Juvenile Proceedings
This article explores the 48-hour rule in the juvenile context, with a particular focus on California. It summarizes California statutory law, provides a chart of the implications of current law on days of detention, and presents the results of a statewide survey on actual practice in the counties.
Life Sentences, Long Sentences Imposed on Youth Need 2nd Look
Decades of research from the fields of criminology and adolescent brain science find that the decisions made in youth — even very unwise decisions — do not crystallize criminality. Instead, as young people age and mature they develop the capacity to make different choices.
Children Crossing Borders: Internationalizing the Restatement of the Conflict of Laws
Treating internal U.S. conflicts and international conflicts law the same, without distinguishing between them, has always puzzled non-U.S. lawyers and scholars. And nowhere is the question of whether domestic and international conflicts should be treated the same more pressing than in the current work of The American Law Institute.
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.