Takings, Original Meaning, and Applying Property Law Principles To Fix Penn Central
This article contends that the term “property” as used in the Takings Clause is a group of rights, the essential being the right to possess, the right to exclude others, the right to alienate, and most saliently, the right to beneficial use.
Distinguishing Family Poverty from Child Neglect
This Article identifies a range of changes which would improve the legal system’s ability to distinguish poverty from neglect, by both eradicating long-standing legal rules which confuse poverty and neglect, and establishing more radical rules that would reverse the historical division between neglect cases and anti-poverty financial supports.
Floating Liens Over Crypto-in-Commerce
This Essay shows how the UCC amendments can be used to structure more complex secured credit arrangements that tap into the borrowed capital potential of blockchain technology.
U.S. Supreme Court Cites Conflict of Laws 1st and 2d
In Yegiazaryan v. Smagin, the U.S. Supreme Court cited Restatement of the Law, Conflict of Laws and Restatement of the Law Second, Conflict of Laws in clarifying that an aggrieved party has alleged a “domestic injury” for purposes of the Racketeer Influenced and Corrupt Organizations Act “when the circumstances surrounding the injury indicate it arose in the Untied States.”
The Ties that Bind Us: An Empirical, Clinical, and Constitutional Argument Against Terminating Parental Rights
This Article explores the unnecessary termination of a child’s relationship with their parent from an empirical, clinical, and constitutional lens.
U.S. Supreme Court Cites Principles of Family Dissolution
In a dissenting opinion in Haaland v. Brackeen, Associate Justice Clarence Thomas cited Principles of the Law, Family Dissolution: Analysis and Recommendations § 2.02 in arguing that Congress lacked the authority to enact the Indian Child Welfare Act.
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.