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.
Un-Erasing American Indians and the Indian Child Welfare Act from Family Law
This article discusses how family law classrooms can incorporate ICWA into conversations on family law as a step in eliminating bias in the legal academy and in the profession against American Indians.
Christopher Slobogin on Policing and Virtual Searches
The Lawfare Podcast recently featured Christopher Slobogin to discuss his new book, Virtual Searches, Regulating the Covert World of Technological Policing.
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.