The Development of U.S. Sentencing Reform
The provisions on sentence reduction in the Model Penal Code: Sentencing project have recently played a key role in federal sentencing reform efforts. In one case a federal task force on corrections credited the ALI for one of its recommendations; in another. the U.S. Sentencing Commission expanded its policy on sentence reduction after hearing testimony from two Advisers to the MPC project.
The Dakota Access Pipeline
Last week a judge ruled that construction on the Dakota Access Pipeline may proceed, with the exception of an area in North Dakota.
MPC: Sentencing Figures in Federal Sentence Reform
The provisions on sentence reduction in the Model Penal Code: Sentencing project have recently played a key role in federal sentencing reform efforts. In one case a federal task force on corrections credited the ALI for one of its recommendations; in another. the U.S. Sentencing Commission expanded its policy on sentence reduction after hearing testimony from two Advisers to the MPC project.
The Evolution of the Model Penal Code “Consent” Definition
The definition of Consent has been one of the most hotly debated issues in the project. Although it comprises only a single subsection of the Definitions section (Section 213.0(3)), “consent” is the principal concept used to distinguish lawful from unlawful sexual conduct. It is therefore critical that the concept is accurately defined.
N.C. Law Prohibits Public Access to Police Footage
Governor Pat McCrory just signed into law House Bill 972, which prohibits the public disclosure of police officer camera recordings. If you happen to be in the video or audio recording, you can request the file, but that request can be denied.
The Draft Restatement Improperly Limits Use of Extrinsic Evidence in Insurer Decision-Making on Duty To Defend
The thesis of this article is that a liability insurer, in determining whether it has a duty to defend a suit against one claiming to be an insured should be entitled to consider any evidence extrinsic to the complaint against the insured that bears on facts not at issue in the suit it has been called upon to defend; in certain circumstances, it may even be entitled to consider evidence bearing on facts that are at issue in that suit. That issue is now in dispute in the process of drafting a “Restatement of the Law of Liability Insurance.” This article will describe the dispute and criticize both of the competing drafts.
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.