Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States
In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae. However, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule, exploring the reasons for and the challenges posed by this trend.
The Institute in the Courts: Supreme Court of Nevada Adopts Sections of Restatement of the Law Third, Property (Servitudes)
Recently, in Moretto Trustee of the Jerome F. Moretto 2006 Trust v. ELK Point Country Club Homeowners Ass’n, Inc., 507 P.3d 199 (Nev. 2022), the Supreme Court of Nevada adopted Restatement of the Law Third, Property (Servitudes) §§ 6.7 and 6.9 “to govern issues concerning an association’s authority to enact rules regarding the restriction of individually owned property.”
With particular attention to Sections 83 and 6 of the Restatement of the Law of American Indians, this essay explores the challenges and potential solutions for dealing with off-reservation treaty hunting and gathering.
This Director’s Letter was originally published in the summer 2022 edition of The ALI Reporter. The American Law Institute is defined by its substantive work, principally its Restatements of the Law, its Principles of the Law, and its Model or Uniform Codes. I thought that it would be informative to provide a sense of the flow of our projects during that time. What new projects did we undertake? What projects did we complete? How much are we accomplishing? What is next on the horizon?
Two proposals were recently introduced which include legislation to reform and modernize the outdated Electoral Count Act of 1887 to ensure that the electoral votes tallied by Congress accurately reflect each state’s vote for President.
Following the approval of the 2022 joint American Law Institute and Uniform Law Commission project Amendments to the UCC, this article describes the effects of some of the amendments relating to electronic money on cryptocurrencies in general and Bitcoin in particular.
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.