No Second Thoughts about Second Look Sentencing
The MPC’s “second look” proposal and other sentence reduction provisions provide a blueprint for dealing with a problem the Obama Administration has worked hard to resolve over almost three years, with only partial success. That problem is the one reflected in the situation of hundreds – perhaps thousands – of federal prisoners serving lengthy no-parole sentences that would be less severe if imposed today.
Legislative Committee Aims to Revise Sexual Assault, Consent Laws
A Montana state legislative committee is proposing a set of bills in the next legislative session that would revise state laws and sentencing for sexual assault, including a bill that would take away the requirement for victims to show that physical force was used.
Trespass, Not Fraud: The Need for New Sentencing Guidelines in CFAA Cases
This article argues that the existing regime for sentencing violations of CFAA is based on a conceptual error that consistently leads to improper sentencing recommendations.
International Law in the Age of Trump: A Post-Human Rights Agenda
ALI Member and Restatement of the Law Fourth, Foreign Relations Law – Immunity Reporter Ingrid Wuerth of Vanderbilt Law School presented the final 2016 lecture in the World Affairs Council series at UNC Asheville on Dec 6. Her lecture titled "International Law in the...
Parole-Release Authority
This post on parole release authority shares a study by Reporter Kevin Reitz, which appeared in the 2011 Tentative Draft No. 2, as well as black letter from the most recent draft of the Sentencing project, Council Draft No. 6.
Responding to Security Breaches
Security breaches remain big news, virtually every day. Executives and managers understand it is a question of “when,” not “if,” their companies will be targeted. Companies in all industries, as well as a host of other organizations, are affected. Hackers are engaged in ever more brazen schemes to gather personal and proprietary information for a variety of motives.
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.