Project Spotlight: Restatement of the Law of International Arbitration Is Close to Completion
Parties to international contracts have long chosen arbitration as the preferred method to resolve disputes; among other reasons, it provides them with a neutral decision-maker, rather than the home courts of either party, and international arbitration awards are more easily enforced than court judgments because of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly known as the New York Convention), which celebrates its 60th anniversary this year. Moreover, a web of more than 3000 bilateral and multilateral investment treaties offers arbitration if an investor believes that the state has violated a promise under that treaty, and the number of such investor-state arbitrations has grown significantly.
If you don’t know treaties and sovereignty, you don’t know history
There’s a widespread notion that “tribal sovereignty” and “Indian treaties” are legal, historical, practical and correct terms. Actually, sovereignty is sovereignty, and treaties are treaties, nation to nation is between and among sovereigns; the use of “tribal” or “Indian” or any modifier is both misleading and belittling.
International Corporate Prosecutions
One of the most remarkable stories in criminal law is the recent rise of corporate prosecutions across the world. In the past, even in countries that permitted corporations to be prosecuted for crimes, such prosecutions were not a common practice and any fines were minimal.
Every State Should Adopt ‘Second Look Sentencing’
Do you believe in second chances? To be more specific do you believe in second chances for convicted felons, even those sentenced to life in prison or life without the possibility of parole?
Federal Circuit Holds Tribal Immunity Does Not Apply To Inter Partes Review
Last Friday, in an anticipated decision, the U.S. Court of Appeals for the Federal Circuit decided a controversial case regarding the St. Regis Mohawk’s ability assert sovereign immunity in inter partes review proceedings. The Federal Circuit held that tribal sovereign immunity cannot be asserted in inter partes review proceedings.
American Indian Law and Policy: 10 Things You Need to Know
All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after the death of Justice Antonin Scalia in February 2016. The vacancy during the 2016 term was prolonged when the Senate refused to consider President Obama’s nominee to replace Justice Scalia before the 2016 elections.
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.