Warren/Burger Courts Exalted “Free” Expression Over Other American Values
This article will add to the chorus criticizing The New York Times “actual malice standard,” particularly as implemented in the subsequent line of Supreme Court cases, as a fundamentally flawed and unnecessary rule.
Public Ownership, Public Rights: Recreational Stream Access Decisions in the Mountain West
This article examines the Mountain West stream access cases, analyzes the key legal factors involved in these decisions, and concludes with brief observations on public waters and public uses.
The 16th Annual Rennard Strickland Lecture
The University of Oregon School of Law hosted the 16th Annual Rennard Strickland Lecture Series, featuring a talk by Matthew L.M. Fletcher of University of Michigan Law School.
Closely divided court scrutinizes various provisions of Indian Child Welfare Act
The Supreme Court of the United States will hear arguments regarding the Indian Child Welfare Act (ICWA).
Lawless Surveillance
Policing agencies in the United States are engaging in mass collection of personal data, building a vast architecture of surveillance. This growing network of surveillance is almost entirely unregulated. It is, in short, lawless. In the face of growing concern over such surveillance, this Article argues there is a constitutional solution sitting in plain view.
Inheritance in an Unequal Age
In the last three decades, state legislatures have eliminated the Rule against Perpetuities, and now dynasty trusts can make carefully controlled payments to a trust settlor’s descendants for hundreds of years. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age. This Article draws a theoretical lesson from the Rule’s demise.
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.