U.S. Supreme Court Cites Model Penal Code

In Borden v. United States, No. 19-5410 (June 10, 2021), the U.S. Supreme Court held that a criminal offense that requires only a mens rea of recklessness does not constitute a “violent felony” for purposes of an enhanced sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e).

The American Law Institute and the U.S. Supreme Court, Revisited

In my Winter 2016 Director’s Letter, I looked at the U.S. Supreme Court’s use of ALI materials during the 2013 to 2015 Terms, as part of an effort to examine how the ALI’s influence extends beyond the state courts and affects the development of federal law. Now that four years have passed since my last analysis of the Supreme Court’s use of ALI materials and several new Justices have joined the Court, revisiting this topic seems worthwhile.

ALI’s Contributions in a Time of Crisis

This year has been an extraordinarily difficult one. We are ensnarled in a pandemic that has caused a staggeringly large number of deaths and deep suffering and has laid bare appalling inequities, particularly ones based on race. The brutal killing of George Floyd on May 25 in Minneapolis has shaken our country to the core.