The new Restatement of the Law, Liability Insurance: a primer
For the first time, the institute has spoken on the subject of liability insurance. It has published the Restatement of the Law, Liability Insurance. This Restatement has proven to be controversial, both in its drafting process and since its final approval. Yet, it was not adopted lightly.
Nonprofit Governance: Who Should Be Watching? A Look at State, Federal and Dual Regulation
Recent scandals in the nonprofit sector have once again called into question the issue of nonprofit governance. Who is governing these organizations and are they doing so appropriately? Who is regulating and what law applies — federal, state, or both?
Federal Government to Resume Capital Punishment After Nearly Two Decade Lapse
On July 25, the U.S. Department of Justice issued a press release announcing that the Federal Government will resume capital punishment after a nearly two decade lapse.
Suspicionless Witness Stops: The New Racial Profiling
Young minority men in high-crime neighborhoods are surrounded by poverty and crime, yet distrustful of the police that frequently stop, frisk, and arrest them and their friends. Every encounter with the police carries the potential for a new arrest or incarceration, fostering a culture of fear and distrust of the authorities.
Eighth Circuit Decision Upholding Tribal Jurisdiction in Watso v. Piper [ICWA, PL 280]]
This decision settles a long running string of cases out of the Minnesota federal courts in which the non-Indian parents of tribal member children argued there was no tribal jurisdiction over their children when they lived on the tribal reservation due to ICWA and PL 280.
SCOTUS: Nonprofits, State Action, and the First Amendment
In a relatively unnoticed decision in June, the Supreme Court of the United States reached a decision that could provide an additional reason for governments to outsource activities to nonprofits.
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.