In an opinion filed on August 3, 2016, the Texas Court of Appeals reinstated state court jurisdiction in an Indian Child Custody Dispute.
In this video, Project Reporter Stephen Schulhofer and Associate Reporter Erin Murphy discuss the project and the complexity of defining consent.
In this recently published article, project Reporters Matthew Fletcher and Wenona Singel explore the history of the role of Indian children in the formation of the federal-tribal trust relationship. This piece comes as constitutional challenges to the Indian Child Welfare Act (ICWA) are now pending. The Reporters conclude the historical record demonstrates the core of the federal-tribal trust relationship is the welfare of Indian children and their relationship to Indian nations.
An article in Reveal, a publication by The Center for Investigative Reporting, asserts that Mississippi and California sexual assault laws lag behind the other 48 states. The article states that the ALI Model Penal Code: Sexual Assault and Related Offenses project may help solve this issue.
Published in June 2016, an op-ed piece featured in The New York Times highlights ALI’s continuing work on the Model Penal Code: Sexual Assault and Related Offenses project, specifically, its preliminary proposal to allow intoxication to lessen culpability. This article comes in the wake of the recent California sexual assault case against former Stanford University student, Brock Turner.
The ABA presented a panel titled “Sexual Assault on College Campuses: Balancing the Rights and Interests of the Accused and the Victim” at its Annual Meeting in San Francisco.
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.