Defining Consent
In a recent Associated Press interview, NYU School of Law professor Erin E. Murphy brings attention to the complexity of sex assault laws and the definition of consent.
A Theoretical Perspective of the Public Policy Doctrine in the Conflict of Laws
The public policy doctrine in the conflict of laws has been often characterised as uncertain and ambiguous. This article aims to examine the doctrine at common law from a theoretical perspective in order to: first, determine whether the substantive considerations which courts have invoked under the public policy doctrine are theoretically justifiable; second, discern principled boundaries around the courts’ exercise of the defence.
The Supreme Court’s Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy?
This Article examines what has been the role of the Supreme Court in integrating Indian nations as the third Sovereign within our federalist system.
Finality and the Capital/Non-Capital Punishment Divide
This piece examines the role that concerns about finality have played in both capital cases and juvenile life-without-parole sentencing cases.
Restatements and the Federal Common Law
I will focus on a different, less discussed front: federal common law. The ALI’s influence on this front is more recent.
Finding the Balance in Title IX
In “The Takedown of Title IX: Inside the fight over federal rules on campus sexual assault,” The New York Times highlights the tension between addressing sexual assault allegations and ensuring the due process rights of the accused during campus proceedings.
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.