U.S. Supreme Court Cites Principles of Family Dissolution
In a dissenting opinion in Haaland v. Brackeen, Associate Justice Clarence Thomas cited Principles of the Law, Family Dissolution: Analysis and Recommendations § 2.02 in arguing that Congress lacked the authority to enact the Indian Child Welfare Act.
U.S. Supreme Court Cites Torts 2d and Torts 3d: Economic Harm
Recently, in interpreting the False Claims Act’s scienter requirement, the U.S. Supreme Court turned to the traditional, common-law scienter requirements for fraud set forth in the Restatement of the Law Second, Torts, and the Restatement of the Law Third, Torts: Liability for Economic Harm.
U.S. Supreme Court Upholds ICWA
In Haaland v. Brackeen, the Supreme Court of the United States upheld the Indian Child Welfare Act.
Justices rule Minnesota county violated takings clause
The Supreme Court ruled that Hennepin County’s actions violated the Fifth Amendment’s takings clause, which bars the government from taking private property for public use without adequately compensating the property owner.
International Prescriptive Jurisdiction and American Conflict of Laws
This Article brings the perspective of international prescriptive jurisdiction into American conflict of laws to create a framework that addresses the question, “Who ought to be making law for this matter?”
Pragmatic Family Law
In many areas, family law has managed to avoid polarization. Instead, states are converging on similar rules and policies, working toward consensus on once-divisive issues. What ties together these widespread but underappreciated patterns of convergence, depolarization, and nonpartisan pluralism? This Article argues that a deep, underlying commonality is a pragmatic method of decision- and policymaking.
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. Completed work is available to purchase online.