Agua Caliente Indians Victory Could Alter Water Practices in Western States
The U.S Supreme Court denied a petition to hear a case involving whether, when, and to what extent the federal reserved right doctrine recognized in Winters v. United States pre-empts state-law regulation of groundwater.
Attorney General Becerra Announces $2 Million Settlement Involving Santa Barbara-based Cottage Health System Over Failure to Protect Patient Medical Records
California Attorney General Xavier Becerra today announced a $2 million settlement with Cottage Health System and its affiliated hospitals in California resolving allegations that they failed to implement basic, reasonable safeguards to protect patient medical information in violation of state and federal privacy laws.
Does Congress Care That the President Controls International Law?
We have a new draft paper, forthcoming in the Harvard Law Review, on how extensively the president has come to control international law for the United States, and what, if anything, should be done about it. As we explain at the end of this post, one of the central questions implicated by the paper is: Does Congress care?
Legislative Recommendations (excerpt of the Revised Style Manual approved by the ALI Council in January 2015)
Model or uniform codes or statutes and other statutory proposals are addressed mainly to legislatures, with a view toward legislative enactment. a. Nature of Model Codes. Unlike its Restatements, the Institute’s legislative recommendations are written with a view...
Digital Surveillance and the Fourth Amendment
This week, the U.S. Supreme Court heard oral arguments in Carpenter v. United States, where the question presented is whether the Fourth Amendment permits the warrantless seizure and search of a user’s cellphone location and movement information.
To Sue and Be Sued: Capacity and Immunity of American Indian Nations
Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have governmental immunity from suit.
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.