Using Empirical Data on the Widowhood Effect to Optimize Simultaneous Death Law and Planning
This Article argues that both the default rules of simultaneous death and related legal practice ought to take into account well-established multi-disciplinary research on both the causes and the timing of deaths of spouses.
Conflict of Laws in the ALI’s First Century
This essay is part of a forthcoming book about the history of the American Law Institute (ALI), which will be published in 2023, one hundred years after the Institute’s founding. It discusses the ALI’s two Restatements of Conflict of Laws.
Court of Appeals of Virginia Cites Restatement of the Law, Children and the Law
In Woodson v. Commonwealth, 871 S.E.2d 653 (Va. Ct. App. 2022), the Court of Appeals of Virginia cited Restatement of the Law, Children and the Law § 3.24 (Tentative Draft No. 1, 2018).
A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care and Nearly Went Unnoticed
This Piece proposes the concept that juvenile court judges can safely reduce the number of children entering foster care by faithfully and rigorously applying the law.
Addressing the Oliphant in the Room: Domestic Violence and the Safety and American Indian and Alaska Native Children in Indian Country
In this paper, we argue that Section 904 is far too narrow to protect child victims of domestic violence and ancillary crimes in Indian country and must be amended to allow tribal courts to exercise special domestic violence criminal jurisdiction in Indian country.
California Court Looks to Restatement of the Law Third, Torts: Liability for Economic Harm
The California Court of Appeal held that claims for fraudulent inducement were not barred by the economic-loss rule as defined by Restatement of the Law Third, Torts: Liability for Economic Harm § 3
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.