Why Criticism Of ALI’s Insurance Restatement Is Valid
The saga of the proposed Restatement of the Law, Liability Insurance of the American Law Institute continued to unfold recently with the publication by the Restatement’s authors, professors Tom Baker and Kyle Logue, of their rebuttal to an article by professor George Priest critical of the proposed Restatement.
In Defense of the Restatement of Liability Insurance Law
In a recent essay funded by the insurance industry, Yale Law Professor George Priest launched a strident critique of the Restatement project, arguing that the rules adopted in the Restatement (a) are radically contrary to existing case law, (b) have a naïve “pro-policyholder” bias that ignores basic economic insights regarding how insurance works, and (c) will, as a result of (a) and (b), lead to increases in liability insurance premiums and disruption in coverage, to the detriment of individuals and firms that need liability insurance. This essay argues that each of these claims is false.
The Law Governing the Judicial Role in Investor-State Arbitration
This post is a presentation of information found in Tentative Draft No. 5 of the International Commercial Arbitration project. This will be presented at the 2017 Annual Meeting.
Sessions Issues Department Charging and Sentencing Policy
In a memorandum issued today by Attorney General Jeff Sessions, federal prosecutors are directed to pursue the most severe penalties possible.
Tribal Appellate Court Affirms Immunity
The issue as to whether Comanche Nation waived its sovereign immunity with respect to a binding arbitration clause contained in gaming machine vendor agreements signed by the Tribal Chairman on behalf of the tribe was brought before the Court of Indian Appeals for the Southern Plains Region in Anadarko, Oklahoma.
Rape and Forcible Rape
The present Draft places Forcible Rape (Section 213.1) at two levels for grading purposes. The base offense is graded as a felony of the second degree, with an enhancement to a first-degree felony upon proof of any one of three aggravating circumstances.
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.