Courts may not “make up” new procedural rules to favor arbitration
This article was originally published on SCOTUSblog.com on May 24, 2022. In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts.
The Enduring Importance of Parental Rights
In this Essay, Huntingdon and Scott argue that parental rights are—and should remain—the backbone of family law. Building on previous scholarship and their work drafting The American Law Institute’s Restatement of the Law, Children and the Law, they also evaluate scholars’ proposals to limit parental rights.
Recognition for Electoral Count Act Reform Principles
A Washington Post article by Richard Hasen on revising the Electoral Count Act (ECA) mentions proposals presented in the Principles for ECA Reform. A recent CBS News article indicates that the senators have reached a general agreement and are working on text.
Liability Insurance and Contractual Aspects of Settlement
This Article examines contractual aspects of settlement in the liability insurance context, concentrating on the elements of offer and acceptance. It also addresses insurers’ ability to reject settlement offers that are intended to facilitate later bad faith litigation without incurring extracontractual liability.
Choosing Parentage Laws in Multistate Conduct Cases
This paper explores choosing parentage laws in multistate conduct cases in varying contexts, including cases involving parentage for childcare and nonchildcare purposes.
Project Updates from the 2022 ALI Annual Meeting
Learn more about the actions taken at this year’s ALI Annual Meeting, held last month, where the membership met to discuss and vote on twelve ALI project drafts.
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.