The Ties that Bind Us: An Empirical, Clinical, and Constitutional Argument Against Terminating Parental Rights
This Article explores the unnecessary termination of a child’s relationship with their parent from an empirical, clinical, and constitutional lens.
U.S. Supreme Court Cites Principles of Family Dissolution
In a dissenting opinion in Haaland v. Brackeen, Associate Justice Clarence Thomas cited Principles of the Law, Family Dissolution: Analysis and Recommendations § 2.02 in arguing that Congress lacked the authority to enact the Indian Child Welfare Act.
U.S. Supreme Court Cites Torts 2d and Torts 3d: Economic Harm
Recently, in interpreting the False Claims Act’s scienter requirement, the U.S. Supreme Court turned to the traditional, common-law scienter requirements for fraud set forth in the Restatement of the Law Second, Torts, and the Restatement of the Law Third, Torts: Liability for Economic Harm.
U.S. Supreme Court Upholds ICWA
In Haaland v. Brackeen, the Supreme Court of the United States upheld the Indian Child Welfare Act.
Justices rule Minnesota county violated takings clause
The Supreme Court ruled that Hennepin County’s actions violated the Fifth Amendment’s takings clause, which bars the government from taking private property for public use without adequately compensating the property owner.
International Prescriptive Jurisdiction and American Conflict of Laws
This Article brings the perspective of international prescriptive jurisdiction into American conflict of laws to create a framework that addresses the question, “Who ought to be making law for this matter?”
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.