Restatements (excerpt of the Revised Style Manual approved by the ALI Council in January 2015)
1. Restatements are primarily addressed to courts. They aim at clear formulations of common law and its statutory elements or variations and reflect the law as it presently stands or might appropriately be stated by a court. a. Nature of a Restatement.Webster’s Third...
First Annual Review of the EU-U.S. Privacy Shield
Officials from across the United States Government, the European Commission, and EU data protection authorities gathered in Washington D.C. to conduct the first annual review of the EU-U.S. Privacy Shield in September 2017.
October Council Meeting Updates
At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes:
Reforming the Law of Rape
In this Article, I undertake two distinct tasks. First, I want to discuss what the laws against sexual assault ideally should look like. But second, I also want to discuss rape law from the perspective of someone who has spent the past four years in the messy and frustrating work of legislative compromise, trying to design law reform that can be both progressive and enactable.
Federal Indian Law: Taking Account of the Lessons of History
It’s highly appropriate for The American Law Institute to take on federal Indian law; it is fundamental to who we are as a nation. The history of federal Indian law reflects the country coming to grips with its colonization of indigenous peoples. The process has gone on now for a long time, obviously, and in the early stages, the state of the law was dismal from a human rights standpoint.
ALI and ULC Continue Work on Revisions to UCC Articles 1, 3, and 9
Since the national mortgage crisis began, there has been substantial interest in creating a more efficient system for tracking residential mortgage notes. A more efficient and effective system would serve the interests of both obligors and lenders. One of the difficulties that courts, and others, had in dealing with the mortgage crisis was understanding the relationship between a mortgage and the underlying note. This became especially important in situations of default when it was necessary to identify the holder with rights to enforce the mortgage.
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.