Tribal Pardons: A Comparative Survey
This paper surveys American Indian tribal justice systems to assess whether collateral consequences attach to convictions and whether a pardon or expungement process exists to remove tribal convictions.
UCI Law’s New Fair Elections and Free Speech Center
The University of California, Irvine School of Law has launched the Fair Elections and Free Speech Center, dedicated to “advancing an understanding of, and offering means to counter, threats to the stability and legitimacy of democratic governments exacerbated by the unregulated growth of digital media and other technological changes in mass communication.”
The Mysterious Market for Post-Settlement Litigant Finance
This Article is the first to present systematic, large-scale data on post-settlement litigant funding—the type of funding most NFL players reportedly received.
Automating Repossession
Automating Repossession addresses a question that has no clear answer in commercial law – does a creditor have the right to remotely disable collateral upon its debtor’s default? As physical goods are increasingly connected to online networks in ways that allow their sellers to control their use, it is possible for secured lenders to deploy a remote and automated repossessor to disable tangible collateral in the event of a borrower’s default. Article 9 of the Uniform Commercial Code, which allows a secured creditor to repossess collateral upon its debtor’s default without resorting to the courts only if it can do so without a breach of the peace, does not address this practice.
Virtual Currencies (and Other Digital Assets) Under the UCC
A column from the New York Law Journal delves into the scope of UCC Article 9 with a focus on virtual currencies. The piece touches upon the continuing efforts of The American Law Institute and the Uniform Law Commission to update the Uniform Commercial Code in this ever-changing commercial world.
As the Revolving Door Turns: Government Lawyers Entering or Returning to Private Practice and Conflicts of Interest
Government lawyers regularly leave public service for private law practice — often through the same revolving door that launched their public careers. The law firms they join or to which they return welcome them because of the experience they gained, and the expertise they developed, while in the government. The challenge for former government lawyers and their law firms is recognizing and managing conflicts of interest that sometimes arise out of lawyers’ government service.
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.