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.
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.
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.