Property against Legality: Takings after Cedar Point
This Article uses a dramatic break in Takings jurisprudence, the Supreme Court’s June 2021 decision in Cedar Point Nursery v. Hassid, to closely scrutinize the relationship between legality and property rights.
The ALI-ELI Principles for a Data Economy at UNCITRAL
In their session on data transactions on 8 April 2022, the UNCITRAL Working Group on Electronic Commerce discussed main concepts developed by the ALI-ELI Principles for a Data Economy as a starting point for their future framework on data transactions.
Who Decides if a Dispute Is Subject to Arbitration?
A recent case before the Florida Supreme Court has found that the incorporation by reference of the American Arbitration Association (AAA) arbitration rules in Airbnb’s Terms of Service constitutes clear and unmistakable evidence of the parties’ intent to delegate questions of arbitrability away from the court and to the arbitrator.
Conflict of Laws at the 2022 ALI Annual Meeting
Reporter Kermit Roosevelt III outlines the overall goals of the Restatement of the Law Third, Conflict of Laws project and Tentative Draft No. 3 in this video.
Is the Court of Indian Offenses of Ute Mountain Ute Agency a Federal Agency for Purposes of the Fifth Amendment’s Double Jeopardy Clause? (Denezpi v. United States, Docket 20-7622)
This case examines the application of the U.S. Constitution’s Double Jeopardy Clause, sits within the intersection of tribal courts, federal Indian law, and federal criminal law and jurisdiction. Essentially, the question is whether a Native American Indian can be punished twice for the same conduct—first in tribal court and a second time in federal court.
New York Times v. Sullivan Transformed American Defamation Law From Thumper’s Rule to Incented Obloquy
This essay argues that the New York Times actual malice standard is a fundamentally flawed and unnecessary rule that has had untoward unintended consequences for our public discourse.
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.