In a Divergence From Other US Federal Circuits, The US Sixth Circuit Court of Appeals Rules That 28 U.S.C. § 1782 May Permit US Discovery for Use in Non-US Private Arbitrations
In contrast to its sister Circuits, a unanimous three-judge panel of the Sixth Circuit held that the word “tribunal” in the relevant clause of Section 1782 includes private arbitrations. This decision could make it easier for parties engaged in non-US arbitrations to obtain discovery from US entities, particularly those that fall within the Sixth Circuit’s jurisdictional reach.
Oregon Ethics Watchdog to Secretary of State: Don’t Hire Family
Oregon Secretary of State Bev Clarno cannot hire her son, or any other family member, to work for her office without running afoul of the state’s conflict of interest law, Oregon’s ethics watchdog says.
Jury Sides With Student Accused of Sexual Assault
This article details the case in which a former college student has won more than $100,000 in the first jury trial since the Obama administration rewrote rules on how college officials should adjudicate campus sexual violence.
Judge Murphy’s Indian Law Legacy
This Article highlights the contributions that Judge Diana Murphy made to federal Indian law jurisprudence and its real world impact.
Jacques: Cross-exams New Challenge for Campus Sex ‘Courts’
Campus investigations and hearings surrounding alleged sexual misconduct are increasingly mimicking actual courtrooms, posing some serious learning curves for administrators — and students — who find themselves caught up in the process.
Consumer Contracts and the Restatement Project
The Restatement project presumes the exercise of nonpartisan judgment. Some criticisms of the draft are more political tracts than analytic critiques. Because the Draft does a good job analyzing and distilling the law, the real question in this debate is whether the ALI and the Restatement project as a whole can withstand efforts to use the tools and standards of retail politics to defeat the analytic approach of the Draft. To the extent such efforts succeed, the Restatement concept as a whole will fail.
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.