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A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care and Nearly Went Unnoticed

December 15, 2022 | Children and the Law

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.

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Addressing the Oliphant in the Room: Domestic Violence and the Safety and American Indian and Alaska Native Children in Indian Country

December 8, 2022 | American Indian Law

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.

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California Court Looks to Restatement of the Law Third, Torts: Liability for Economic Harm

December 1, 2022 | Torts: 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

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Two Important New Projects

November 28, 2022 | Inside The ALI

This Director’s Letter was originally published in the fall 2022 edition of The ALI Reporter.

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Hobbes & Hanging: Personal Jurisdiction v. Choice of Law

November 23, 2022 | Conflict of Laws

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.

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Warren/Burger Courts Exalted “Free” Expression Over Other American Values

November 18, 2022 | Torts: Defamation and Privacy

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.

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