Constituting and Reconfiguring Families
The chapter explores how courts have addressed complex questions about family relations as emerging technologies and shifting social norms have altered what family structures look like across the globe.
The Twenty-First Century Revolution in Conflict of Trust Laws
There is broad consensus that the law of conflict of trust laws is outdated. But there is not a consensus around what went wrong or how to fix it. This article, prepared for a Symposium on Conflict of Laws in Trusts and Estates, fills that gap by providing a historically, theoretically, and institutionally grounded account of the rise and fall of the old regime with an eye toward informing the ongoing law reform efforts.
Franchisors in a Jam: Vicarious Liability and Spreading the Blame
Franchising serves as one of the most popular forms of owning and operating a business. As the franchise model has grown, so too have issues in vicarious liability. Consumer surveys about the meaning of licensed trademarks, especially in franchising, and a review of 250 franchisor websites reveal practical and systemic problems as well as a way forward.
The Political Question Doctrine and International Law
This essay documents how the political question doctrine, in part, has allowed the political branches, rather than the courts, to make determinations about this country’s – and other countries’ – rights and responsibilities under international law.
SDNY Rules Section 1782 Discovery Unavailable for Use in ICSID Arbitration
On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as a “foreign or international tribunal” within the meaning of Section 1782.
January 2023 Council Meeting Updates
At its meeting on January 19 and 20, 2023, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.
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.