The Indian Child Welfare Act During the Brackeen Years
This article draws on data from previous publications that provide annual updates on ICWA appeals, giving a description of appellate data trends while also highlighting key appellate decisions from jurisdictions across the country.
Defrosting Regulatory Chill
Analyzing 25 years of international investment dispute data, this Article’s findings challenge the conventional wisdom that the “ropes” are effective in chilling energy government policies.
Legal Ableism: A Systematic Review of State Termination of Parental Rights Laws
This Article presents findings from a systematic examination of the inclusion of parental disability in state termination of parental rights laws.
Justices appear likely to side with homeowner in foreclosure dispute
Justices heard arguments in Tyler v. Hennepin County, Minnesota to assess if taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment’s takings clause and if the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment.
Choice of Law in the American Courts in 2022: Thirty-Sixth Annual Survey
This Survey covers cases decided by American state and federal appellate courts during 2022, focusing on cases that may contribute something new to the development or understanding of conflicts law—and in particular choice of law.
Court rules federal immunity law does not shield Turkish bank from U.S. prosecution
The Supreme Court of the United States ruled that a Turkish bank can be prosecuted in U.S. courts for its role in a conspiracy to evade U.S. sanctions on Iran.
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.