Divided court rejects Texas’ bid to control gambling in tribal casinos
The U.S. Supreme Court decision in Ysleta del Sur Pueblo v. Texas resolves a longstanding dispute about the ability of Texas to control gambling on the lands of two of the Native American tribes that reside there. The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century
How El Salvador Has Changed U.S. Law by a Bit: The Consequences for the UCC of Bitcoin Becoming Legal Tender
As the first country to adopt Bitcoin as legal tender, El Salvador made world history and sparked many debates and predictions about the effects its decision may have on the Central American nation and its economy. Beyond such consequences, El Salvador has, wittingly or unwittingly, changed the legal effects of various provisions in the Uniform Commercial Code. This Article explores some of the consequences wrought by El Salvador’s bold action
Courts may not “make up” new procedural rules to favor arbitration
This article was originally published on SCOTUSblog.com on May 24, 2022. In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts.
The Enduring Importance of Parental Rights
In this Essay, Huntingdon and Scott argue that parental rights are—and should remain—the backbone of family law. Building on previous scholarship and their work drafting The American Law Institute’s Restatement of the Law, Children and the Law, they also evaluate scholars’ proposals to limit parental rights.
Recognition for Electoral Count Act Reform Principles
A Washington Post article by Richard Hasen on revising the Electoral Count Act (ECA) mentions proposals presented in the Principles for ECA Reform. A recent CBS News article indicates that the senators have reached a general agreement and are working on text.
Liability Insurance and Contractual Aspects of Settlement
This Article examines contractual aspects of settlement in the liability insurance context, concentrating on the elements of offer and acceptance. It also addresses insurers’ ability to reject settlement offers that are intended to facilitate later bad faith litigation without incurring extracontractual liability.
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.