Keep Cross-Examination Out of College Sexual-Assault Cases
Requiring cross-examination in campus sexual-misconduct proceedings is among the key features of the Department of Education’s proposed Title IX reforms currently open for public comment.
Certainty vs. Flexibility in the Conflict of Laws
Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction.
Argument Analysis: Justices Grapple With Preclusion and “Occupation” in Crow Tribe Treaty Case
On Tuesday, the Supreme Court heard argument in its latest foray into Indian treaty interpretation, Herrera v. Wyoming. The case concerns the persistence of the Crow Tribe’s hunting right in the 1868 Second Treaty of Fort Laramie. In an occasionally meandering argument, the Supreme Court repeatedly circled the three issues at the core of the case: issue preclusion, the implications of the court’s holding in its 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians, and the meaning of the treaty term “unoccupied.”
Opinion Analysis: Kavanaugh’s First Opinion Rejects Vague Exception Limiting Enforcement of Arbitration Agreements
The justices’ first opinion day of 2019 brought the first opinion from Justice Brett Kavanaugh, writing for a unanimous court in Henry Schein Inc. v. Archer & White Sales Inc. The case is the most recent in a decade-long string of opinions under the Federal Arbitration Act, in which the Supreme Court consistently has reversed lower-court decisions refusing to enforce arbitration agreements.
The Prison Reform Bill’s Implementation Will Be Tricky
Recent Slate article by Brandon L. Garrett discusses the implementation of The First Step Act, the federal prison reform bill recently signed into law by President Donald Trump.
The Chief Justice’s 2018 Year-End Report: The Federal Judiciary and #MeToo
Chief Justice John Roberts released his annual report on the federal judiciary today, focusing on the judiciary’s response to allegations of sexual misconduct in the workplace. Roberts had discussed this issue in his 2017 report, after several female law clerks accused Judge Alex Kozinski – then a prominent judge on the U.S. Court of Appeals for the 9th Circuit – of inappropriate sexual conduct.
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.