Recently in Twitter, Inc. v. Taamneh, the U.S. Supreme Court cited Restatement of the Law Second, Torts, and Restatement of the Law Third, Torts: Intentional Torts to Persons.
Megan Dingley Posts
The Institute in the Courts: South Carolina Adopts Section of Property 3d
by Megan Dingley | Mar 28, 2023 | Property
Recently, in Clarke v. Fine Housing, Inc., 2023 WL 29046 (S.C. Jan. 4, 2023), the Supreme Court of South Carolina adopted the approach set forth in Restatement of the Law Third, Property (Servitudes) § 3.4 in determining whether a right of first refusal was an unreasonable restraint on alienation.
The Institute in the Courts: Supreme Court of Nevada Adopts Sections of Restatement of the Law Third, Property (Servitudes)
by Megan Dingley | Aug 12, 2022 | Inside The ALI, Property
Recently, in Moretto Trustee of the Jerome F. Moretto 2006 Trust v. ELK Point Country Club Homeowners Ass’n, Inc., 507 P.3d 199 (Nev. 2022), the Supreme Court of Nevada adopted Restatement of the Law Third, Property (Servitudes) §§ 6.7 and 6.9 “to govern issues concerning an association’s authority to enact rules regarding the restriction of individually owned property.”
The Institute in the Courts: Court of Appeals of Oregon Cites Restatement of the Law, Children and the Law
by Megan Dingley | May 6, 2022 | Children and the Law, Inside The ALI
In In re C. L. E., 502 P.3d 1154 (Or. Ct. App. 2021), the Court of Appeals of Oregon cited Restatement of the Law, Children and the Law § 15.30 (Tentative Draft No. 2, 2019) (subsequently renumbered as § 13.40), which the membership approved at the 2019 Annual Meeting.
Institute in the Courts: Foreign Relations 4th Gains Attention
by Megan Dingley | Nov 18, 2021 | Inside The ALI, U.S. Foreign Relations Law
The Restatement of the Law Fourth, The Foreign Relations Law of the United States: Selected Topics in Treaties, Jurisdiction, and Sovereign Immunity, which was published in 2018, has been receiving significant attention in federal and state courts.
Supreme Court of New Mexico Cites Principles of the Law, Policing
by Megan Dingley | Apr 20, 2021 | Policing
In State v. Martinez, 478 P.3d 880 (N.M. 2020), the Supreme Court of New Mexico cited the Principles of the Law, Policing (T.D. No. 2, 2019), in abandoning the prevailing federal rule governing the admission of eyewitness-identification evidence, as articulated in Manson v. Brathwaite, 432 U.S. 98 (1977), in favor of adopting a new per se exclusionary rule for unnecessarily suggestive pretrial identification procedures, based on its determination that the New Mexico Constitution provided broader due-process protection in the context of eyewitness-identification evidence than the U.S. Constitution.
U.S. Supreme Court Cites Restatement of Torts
by Megan Dingley | Mar 26, 2021 | Torts: Intentional Torts to Persons
In Torres v. Madrid, the U.S. Supreme Court held that “the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued,” and cited the Restatement of the Law, Torts, in reasoning that the common law considered the mere touching of an arrestee to be a seizure by force.
U.S. Supreme Court Cites Foreign Relations 2d, 3d, and 4th
by Megan Dingley | Feb 5, 2021 | U.S. Foreign Relations Law
Recently, in Federal Republic of Germany v. Philipp, No. 19-351 (Feb. 3, 2021), the U.S. Supreme Court cited the Second, Third, and Fourth Restatements of The Foreign Relations Law of the United States.
U.S. Supreme Court Cites Restatement of Property
by Megan Dingley | Jun 17, 2020 | Property
In a recent U.S. Supreme Court decision, United States Forest Service v. Cowpasture River Preservation Ass’n, Nos. 18-1584 and 18-1587 (June 15, 2020), Associate Justice Clarence Thomas, writing for the Court, cited Restatement of the Law, Property § 450.
U.S. Supreme Court Cites Foreign Relations 3d and Conflict of Laws 2d
by Megan Dingley | Feb 26, 2020 | Conflict of Laws, U.S. Foreign Relations Law
In a dissenting opinion delivered in Hernández v. Mesa, No. 17-1678 (February 25, 2020), U.S. Supreme Court Associate Justice Ruth Bader Ginsburg quoted Restatement of the Law Third, The Foreign Relations Law of the United States § 402 and Restatement of the Law Second, Conflict of Laws § 145, Comment e.