Idaho Supreme Court Adopts Property 3d Provision
The Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f.
The Sovereignty Problem in Federal Indian Law
This paper is an effort to show that federal sovereign defenses are not inevitable, nor are they even necessary.
Trademark, Copyright High Court Cases Shake Out in Lower Courts
In 2023, the US Supreme Court issued high-profile rulings on trademark territoriality, fair use, and First Amendment protection. But as often happens, these rulings clarify the law while leaving unanswered questions for 2024.
New Jersey Enacts Comprehensive Privacy Law
New Jersey is the first state to enact a comprehensive privacy law in 2024 and the 13th state overall with a comprehensive privacy law on the books. The law is notable in applying to nonprofit entities, provided that they meet the Act’s applicability thresholds.
Making Whole, Making Better, and Accommodating Resilience
This article undermines the conventional story that compensatory damages aim to make plaintiffs whole, but not better off. This make-whole ideal implies that courts should subtract material gains from compensatory awards because otherwise plaintiffs would be unjustly enriched.
ALI-ELI Webinar on the Use of Automated Decision-Making and Consumer Law
On February 8, ALI and ELI will host a webinar on the use of automated decision-making and consumer law.
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.