U.S. Department of Education Proposes New Title IX Regulations
The Biden Administration’s Department of Education issued a new Notice of Proposed Rulemaking (NPRM) on June 23, 2022 intended to overhaul the Trump Administration’s May 2020 Title IX regulations. A Department-prepared Fact Sheet and Chart summarize the proposed regulations.
ULC Approves ALI Joint Project on UCC and Emerging Technologies
At its annual meeting, the Uniform Law Commission voted to approve 2022 joint ALI project Amendments to the UCC, recommending amendments or revisions to accommodate emerging technological developments.
U.S. Supreme Court Narrows Availability of Court-Ordered Discovery in Aid of Proceedings before Foreign and International Tribunals
The U.S. Supreme Court has finally spoken on the statutory authority of U.S. federal courts to order discovery in aid of proceedings before foreign and international tribunals.
A Defense of Horizontal Privity in American Property Law
This article attempts to present a balanced and nuanced view with two major aims: to show why many of the objections against horizontal privity are weak and to argue for why horizontal privity may be worth keeping.
Designing Informal Mechanisms for Claims of Campus Sexual Misconduct
This article provides ten guidelines for developing informal mechanisms for sexual misconduct claims using a “dispute systems design” (DSD) analytical framework: an interest-based design process that includes the expected users of the system as a means to ensure the system meets the needs of those who will be using it.
The Perils and Promise of Public Nuisance
This article utilizes the opioid litigation to explore the three most common sets of objections to public nuisance: (1) traditionalist, (2) formalist, and (3) institutional. Public nuisance can seem unusual, even outlandish. At worst, it is a potentially capacious mechanism allowing executive branch actors to employ the judicial process to address legislative and regulatory problems. Nevertheless, its perils are easily overstated and its promise overlooked.
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.