Why Re-Restate Property?
“Restatement Fourth of Property” sounds like an exercise in excess. It isn’t. It is true that there have been three rounds of previous Restatements of Property that have contributed greatly to the development of the law. And it is also the case that property law presents a large and seemingly disparate set of problems, doctrines, and institutions, making any attempt to restate the law in this area no small challenge.
Oklahoma seeks rehearing in tribal jurisdiction case
After a landmark decision on Native American jurisdiction in August, Oklahoma prosecutors have asked the 10th U.S. Circuit Court of Appeals to reconsider its ruling, this time asking the whole court to review the opinion of a three-judge panel.
The Latest on ALI’s Liability Insurance Restatement: Same as it Ever Was
When last we addressed the American Law Institute’s (ALI) proposed Restatement, Law of Liability Insurance, we reported that the organization decided at its May annual meeting to table final consideration of the document until 2018.
Conceptualizing the Intentional Torts
According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent.
Restating the Tort of Battery
This article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort.
Bill Introduced to Incentivize States to Reduce Prison Populations
House Democrat has introduced a bill in the House as a means to reduce the nation’s rate of mass incarceration.
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.