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
Two Important New Projects
This Director’s Letter was originally published in the fall 2022 edition of The ALI Reporter.
Hobbes & Hanging: Personal Jurisdiction v. Choice of Law
This Article explains and develops the argument for applying the plaintiff-protecting law of the place of injury and it gives us reason to reject the idea that the place of injury courts have no personal jurisdiction over the defendant.
Warren/Burger Courts Exalted “Free” Expression Over Other American Values
This article will add to the chorus criticizing The New York Times “actual malice standard,” particularly as implemented in the subsequent line of Supreme Court cases, as a fundamentally flawed and unnecessary rule.
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.