Toward Clearer Guidance on Drafting Principles of the Law
The ALI Style Manual, a somewhat obscure publication that nonetheless plays an important role in our work, provides relatively clear drafting guidance for Restatements and model codes. Drafting guidelines for Principles projects, however, are not as well specified. This gap has led to some confusion and disagreement among project participants and inconsistencies in our drafts. My hope is that this letter’s focus on the issue will lead us to more consistency in our Principles projects.
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.
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.