Sentencing Reform: Fixing Root Problems
In theory, at least, many subscribe to the belief that it is better to let 10 or 100 guilty persons go free rather than convict an innocent person.
Reputation Assurance: Why, How, and What
Reputation risk is a material peril of economic harm from angry disappointed stakeholders. It is the gap between those stakeholders’ expectations and the reality of their experience with any given entity.
What is the Children and the Law Restatement?
The Children and the Law Restatement aims to present a contemporary conception of parental rights and authority with the promotion of child welfare as a core goal, while grappling with questions about the legal personhood of children. Here is a video explaining the scope of the project.
Calculating Corporate Compliance & The Foreign Corrupt Practices Act
Technology is rapidly disrupting every industry and institution around the globe. Yet, corporate compliance has remained relatively unaffected by technological change when compared to other industries.
Argument Analysis: Weighing Federal Court Access for Local Takings Plaintiffs
Property owners sometimes allege that a local government has violated the Fifth Amendment’s takings clause, which prohibits the taking of private property “for public use, without just compensation.” But where can plaintiffs bring those claims? In Wednesday’s argument in Knick v. Township of Scott, the Supreme Court revisited a 1985 case that has made it difficult to bring certain takings claims in federal court. In that case, Williamson County Regional Planning Commission v. Hamilton Bank, the court ruled that “if a state provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause until it has used the procedure and been denied just compensation.”
Texas Judge Rules Indian Child Welfare Act as Unconstitutional
The Indian Child Welfare Act was dealt a substantial blow on Friday, when a U.S. Federal Judge in the Northern District of Texas ruled the landmark legislation unconstitutional. According to the law, when a Native child is up for adoption, family members, other tribal members, and then other Native homes are to be prioritized for placement. Ample research shows that all children, Native and non-Native alike, have better outcomes when they are raised with family, extended family or in their community over state child welfare systems and foster homes. National child advocacy organizations have praised the act as a gold standard for child welfare. The act is often referred to by its acronym, ICWA.
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.