The Penobscot River and Claims Against Military Subcontractors
In Penobscot Nation v. Frey and United States v. Frey, two cases ask the Supreme Court to review an en banc decision of the U.S. Court of Appeals for the 1st Circuit concerning authority over the Penobscot River in Maine. Both petitions detail the history of relationships between the Penobscot Nation and various governments, from Massachusetts colonists to the Maine Indian Claims Settlement Act and the Maine Implementing Act in the 1970s.
The Scope of Article 8 Mandatory Choice-of-Law Rule
The scope of the mandatory choice-of-law rule set forth in UCC § 8-110(a)(1) is one of the important issues in the ongoing dispute between Venezuela’s state-owned oil company Petróleos de Venezuela, S.A. and holders of its now defaulted notes that were scheduled to come due in 2020.
Colorado Water Rights in the 2022 Legislative Session
The Colorado Sun has published an article discussing a new water bill in the state’s upcoming legislative session. The proposed bill seeks to prohibit speculation for pure financial gain.
Supreme Court To Revisit Circuit Split over Discovery in Aid of International Arbitration
The United States Supreme Court granted certiorari in two cases—ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, and AlixPartners, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, No. 21-518—to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”) to render assistance in gathering evidence for use in a “foreign or international tribunal” includes seeking evidence in aid of private commercial arbitrations or treaty-based arbitrations.
The Cost-Benefit Analysis of Pursuing Investor-State Arbitration in A Post-Pandemic World
An article in The National Law Review assesses the varying actions taken by States pursuant of public health goals for Covid-19, and if, as a result of measures taken, a State has upheld its international law obligations to promote or protect foreign investment.
The Restatement of Liability Insurance in the Courts
It is gratifying to see that the Restatement of Liability Insurance is proving useful to judges because it has been one of the ALI’s more contentious projects. Approved by the ALI membership in 2018 and published a year later, the Restatement of Liability Insurance has now been cited in over 50 cases by state and federal courts.
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.