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An Overview of Practicing American Indian Criminal Law in Federal, State, and Tribal Courts, and an Update About Recent Expansion of Criminal Jurisdiction Over Non-Indians

James Diamond | June 5, 2018 | American Indian Law

As a result of changes in federal law, criminal defendants or defense attorneys are now more likely to find themselves appearing in American Indian tribal courts. This article summarizes the very knotty jurisdictional maze that surrounds criminal law and American...

October Council Meeting Updates

Jennifer Morinigo | October 24, 2017 | American Indian Law, Children and the Law, Conflict of Laws, Data Privacy, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons

At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes: Law of American Indians: The Council approved Council Draft No. 4, with the exception of § 33 Sovereign Immunity...

Restating the Tort of Battery

Stephen Sugarman | September 29, 2017 | Torts: Intentional Torts to Persons

ABSTRACTThis article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort.The advantages of a single tort of wrongfully causing physical harm to...

Sixth Circuit Cites Torts Restatement in Battery Opinion

Pauline Toboulidis | August 30, 2017 | Torts: Intentional Torts to Persons

The U.S. Court of Appeals for the Sixth Circuit upheld a lower court decision dismissing a law professor’s lawsuit against Ohio Northern University Pettit College of Law’s former interim dean. In his assault and battery suit, the plaintiff alleged that he suffered...

Battery: Definition of Offensive Contact

Jonathan Cardi and Kenneth W. Simons | March 24, 2017 | Torts: Intentional Torts to Persons

UPDATED: The black letter provided in this post was updated on May 3, 2017. Section 3 – Battery: Definition of Offensive Contact, of the Intentional Torts project appeared at ALI’s Annual Meeting in 2015 (at the time it was numbered Section 103). Due to a close vote...
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