Children at Work, Parental Rights– and Rhetoric
This essay focuses on the use of “parental rights” as a rationale that is being used in a number of states to justify the reduction of children’s labor protections.
Plaintiff’s Choice of Law in Cross-Border Tort Conflicts
This Article argues that, subject to specified conditions, the victims of certain cross-border torts should have the option of choosing between the laws of the state of the injurious conduct and those of the state of the resulting injury.
Choice of Law as Statutory Interpretation: The Rise and Decline of Governmental Interest Analysis
This Article critically examines governmental interest analysis as statutory interpretation in light of the revolution that has occurred in the field.
Adolescents in the Justice System: A Progress Report on the Restatement of Children and the Law
This paper responds to comments from experts on the current draft of the Restatement of the Law, Children and the Law, from the perspectives of adolescent development and racial equity.
Jettisoning the Principle of Party Autonomy in Modern International Commercial Arbitration: Menace to an Unprecedented Precept
This article explores the complexities surrounding the choice of law in international commercial arbitration by examining scenarios where parties explicitly or implicitly select applicable laws or remain silent on the matter.
Taking Back the Takings Clause: Tyler v. Hennepin County and State Power over Property
This Article argues that several common solutions were available in Tyler v. Hennepin County and that, in future cases, the Court should seriously consider amending its current approach to incorporate insights from one or both of these approaches.
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. Completed work is available to purchase online.