Seo Ho Lee | July 2, 2024 | Inside The ALI
In a recent decision by the High Court of Australia, Redland City Council v. Kozik [2024] HCA 7, the Court discussed the applicability of Restatement of the Law Third, Restitution and Unjust Enrichment §§ 19 and 62 to Australian common law in the context of defenses...
Seo Ho Lee | March 25, 2024 | Property
The Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f. The following is a summary of that case. In Gestner v. Divine, 519 P.3d 439 (Idaho 2022), the Idaho Supreme Court adopted Restatement...
Seo Ho Lee | June 28, 2023 | Conflict of Laws
In Yegiazaryan v. Smagin, No. 22–381 (June 22, 2023), the U.S. Supreme Court cited Restatement of the Law, Conflict of Laws § 377 and Restatement of the Law Second, Conflict of Laws § 145 in clarifying that an aggrieved party has alleged a “domestic injury” for...
Seo Ho Lee | June 21, 2023 | American Indian Law
In a dissenting opinion in Haaland v. Brackeen, No. 21–376 (June 15, 2023), Associate Justice Clarence Thomas cited Principles of the Law, Family Dissolution: Analysis and Recommendations § 2.02 in arguing that Congress lacked the authority to enact the Indian Child...
Seo Ho Lee | December 22, 2022 | Children and the Law
In Woodson v. Commonwealth, 871 S.E.2d 653 (Va. Ct. App. 2022), the Court of Appeals of Virginia cited Restatement of the Law, Children and the Law § 3.24 (Tentative Draft No. 1, 2018) in upholding the parental privilege to use reasonable corporal punishment on the...