Forced Pooling: The Unconstitutional Taking of Private Property
Recent changes in the law and the oil and gas industry both justify a reexamination of forced pooling on constitutional takings grounds. This Article will therefore take a fresh look at forced pooling schemes through the lens of modern takings jurisprudence.
‘Secrets & Suspicionless Policing: A Fundamentally Anti-Democratic Mix’
In “Secrets & Suspicionless Policing: A Fundamentally Anti-Democratic Mix”, Catherine M. Grosso cites Chapter 5 of ALI’s Principles of the Law, Policing, when exploring the scope of police investigations without individualized suspicion or particularized evidence.
The Indian Child Welfare Act During the Brackeen Years
This article draws on data from previous publications that provide annual updates on ICWA appeals, giving a description of appellate data trends while also highlighting key appellate decisions from jurisdictions across the country.
Defrosting Regulatory Chill
Analyzing 25 years of international investment dispute data, this Article’s findings challenge the conventional wisdom that the “ropes” are effective in chilling energy government policies.
Legal Ableism: A Systematic Review of State Termination of Parental Rights Laws
This Article presents findings from a systematic examination of the inclusion of parental disability in state termination of parental rights laws.
Justices appear likely to side with homeowner in foreclosure dispute
Justices heard arguments in Tyler v. Hennepin County, Minnesota to assess if taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment’s takings clause and if the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.