Providing Guidance in Campus Disciplinary Procedures
Deborah Tuerkheimer who serves as Adviser to ALI’s Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities Principles project, discusses the special challenges of this area of law and the timeliness of this project’s aim to provide guidance to institutions in their investigations and proceedings in campus disciplinary procedures.
Book Review- Braid of Feathers: American Indian Law and Contemporary Tribal Life by Frank Pommersheim
Frank Pommersheim’s Braid of Feathers: American Indian Law and Contemporary Indian Life offers a thoughtful invitation and a skillful guide into the largely uncharted terrain where federal Indian law meets tribal Indian law.
Restatement: International Commercial and Investor-State Arbitration
In his International Arbitration column, John Fellas discusses the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration—a 12-year effort primarily concerned with the role of the U.S. courts with respect to arbitration proceedings. The author describes it as a “majestic, comprehensive, and clear account of the U.S. law of international and investor-state arbitration that belongs on the shelf of everyone involved those fields.”
U.S. Supreme Court Cites Foreign Relations 3d and Conflict of Laws 2d
In a dissenting opinion delivered in Hernández v. Mesa, No. 17-1678 (February 25, 2020), U.S. Supreme Court Associate Justice Ruth Bader Ginsburg quoted Restatement of the Law Third, The Foreign Relations Law of the United States § 402 and Restatement of the Law Second, Conflict of Laws § 145, Comment e.
Foreign Relations 4th Cited by D.C. Circuit Court of Appeals
In a recent case, the U.S. Court of Appeals for the District of Columbia cited the Restatement of the Law Fourth, The Foreign Relations Law of the United States, in holding that the U.S. District Court for the District of Columbia did not err in exercising extraterritorial jurisdiction over crimes committed by foreign nationals against U.S. law-enforcement officers on foreign soil.
Registration and Notification
The current ALI project Model Penal Code: Sexual Assault and Related Offenses is a re-examination of Article 213 of the Model Penal Code. This post presents Section 213. 12 (A-J) of the most recent project draft (Council Draft No. 10, printed on December 13, 2019).
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.