Why Is Defining Consent So Difficult?
Consent is a concept at the center of criminal law and sexual assault. So, why is it so difficult to accurately define? Sexual assault laws have evolved from requiring the victim to resist toward requiring consent. However, “consent” is defined in many ways.
Caren Harp on the DOJ’s Changing Approach to Juvenile Justice
Caren Harp, a former prosecutor and public defender in Arkansas and a law professor at Liberty University, speaks about her role as Administrator of the Justice Department’s Office of Juvenile Justice Delinquency and Prevention in a recent LA Times interview.
New Hampshire Abolishes Death Penalty As Lawmakers Override Governor’s Veto
New Hampshire is now the 21st U.S. state to have abolished capital punishment. State legislature voted to override a veto by Republican Gov. Chris Sununu on Thursday, May 30.
Can Federal Sentencing Remain Transparent?
Criminal trials have virtually disappeared in many federal courtrooms. According to a recent U.S. Sentencing Commission report, “[i]n recent years, 97 percent of federal defendants convicted of a felony or Class A misdemeanor offense are adjudicated guilty based on a guilty plea rather than on a verdict at a trial.”
The Restatement of the Law, Consumer Contracts: A Response to the Criticism
In a recent episode from Consumer Finance Monitor Podcast, host Alan Kaplinsky interviews ALI Council member Steven O. Weise of Proskuer Rose about the criticism of the Restatement from businesses and consumer advocates.
Principles of the Law, Data Privacy Is Approved
On May 22nd at the 96th Annual Meeting, members of The American Law Institute voted to approve the Tentative Draft of Principles of the Law, Data Privacy. Wednesday’s vote marks the completion of this project.
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.