An article for Law360 entitled “Risk Assessment Tools Are Not A Failed ‘Minority Report’” discusses the use of risk assessment tools used by judges in criminal cases. The article comes in response to a New York Times op-ed which implied that risk assessment tools make future violence seem more predictable than it actually is.
The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts. There is a dissent forthcoming from Judge Owens.
Many colleges have adopted a principle known as “affirmative consent,” which makes it easier to infer misconduct (and thus impose expulsion or other discipline) when a record is lacking in verbal or physical evidence one way or the other as to whether a student’s sexual encounter with another student was consensual.
The American Law Institute was founded in 1923. Since then, the ALI has promulgated Restatements of the Law in several subjects and other influential works such as the Model Penal Code and the Uniform Commercial Code, a joint venture with the Uniform Law Commission.
In the past few years, we frequently have seen the charge that the ALI’s mission is to state what the law “is,” rather than what the Institute thinks the law “ought to be,” and that we recently have strayed from this mission and should right the ship. This charge most often is made when the ALI chooses to restate a minority rule. As one commentator wrote in criticizing the Restatement of the Law, Liability Insurance (which, despite the criticism, followed majority rules in nearly all of its Sections): The adoption of a minority rule in a Restatement “is fundamentally inconsistent with the purpose of a Restatement of Law project.” Such comments rest on the notion that the ALI’s mission is simple, uncontested, and has always been so. That, however, is not the case.
State legislatures across the country made significant strides in reforming their criminal justice regimes throughout 2018. States revised their existing criminal codes, passed new legislation, and amended their constitutions in order to address a range of criminal justice concerns.