Author at The ALI Adviser

Sessions Issues Department Charging and Sentencing Policy

by Jennifer Morinigo | May 11, 2017 | Sentencing

In a memorandum issued today by Attorney General Jeff Sessions, federal prosecutors are directed to pursue the most severe penalties possible.

Third Circuit Rules Samsung Cannot Compel Arbitration

by Jennifer Morinigo | Mar 18, 2017 | Consumer Contracts

In Noble v. Samsung Electronics America, Inc., the plaintiff, after purchasing a smartwatch that advertised “24 to 48 hours with typical use,” found that the device’s batter only lasted for a few hours. When he determined that other customers were experiencing the same issue, he filed a class action complaint in federal court. Samsung then sought to compel arbitration based on a clause in the “Health and Safety and Warranty Guide,” which is included in every box when purchased.

Contact Requirement in Infliction of Bodily Harm

by Jennifer Morinigo | Mar 8, 2017 | Torts: Intentional Torts to Persons

Mr. Eichenwald, a journalist who has been critical of President Donald Trump, was sent an image via Twitter that intentionally caused him to have a seizure. The tweet read, “you deserve a seizure for your posts.” Mr. Eichenwald filed paperwork in a Dallas court asking Twitter to identify the person who sent the tweet, and Twitter has indicated that it will turn over the data on the user.

U.S. Foreign Relations Law: Project Update

by Jennifer Morinigo | Feb 16, 2017 | U.S. Foreign Relations Law

Final sections of Jurisdiction, Sovereign Immunity, and Treaties will be on the agenda at the 2017 Annual Meeting. Membership approval of the three drafts at the Annual Meeting would complete these portions of the U.S. Foreign Relations Law project.

Georgia Bill Aims to Change How Assault Accusations Are Handled on Campus

by Jennifer Morinigo | Jan 31, 2017 | Uncategorized

Georgia's House Bill 51 would require any official or employee of a postsecondary institution who receives information about an incident on campus to report the alleged incident to the appropriate local law enforcement agency, including campus police, or to the local...

Criminal Justice in Native American Communities

by Jennifer Morinigo | Jan 26, 2017 | American Indian Law, Policing

Project Reporter Matthew Fletcher was featured on a Minnesota Public Radio News segment on incidents of Native Americans interacting with police.

Improving Tribal Consultation and Tribal Involvement in Federal Infrastructure Decisions

by Jennifer Morinigo | Jan 18, 2017 | American Indian Law

Based on Tribes’ input, this Report articulates a set of principles that should inform agency practices in the realm of infrastructure. Among other things, this includes appropriate staffing, training, and resource allocations, as well as guidance as to how Tribal interests should be incorporated into agency decision-making processes in both formal and informal ways. These recommendations should help agencies fulfill their dual responsibilities of complying with applicable treaty and trust responsibilities and ensuring a smooth runway for infrastructure investments.

Justice Department Announces Findings of Investigation into Chicago Police Department

by Jennifer Morinigo | Jan 13, 2017 | Policing

Justice Department Finds a Pattern of Civil Rights Violations by the Chicago Police Department.

Duty to Make Reasonable Settlement Decisions

by Jennifer Morinigo | Dec 27, 2016 | Liability Insurance

The project specifically uses the phrase “duty to make reasonable settlement decisions,” rather than “duty to settle.” The Reporters use this phrase to emphasize that “duty to settle” is not entirely accurate; rather, there is a duty to make reasonable decisions in relation to settlement.