David Logan on American Libel Law
In a recent NPR On Point podcast episode, David A. Logan discusses American libel law, his law review article cited in Gorsuch’s Berisha v. Lawson dissent, and the potential implications the dissent may have on future libel cases before the U.S. Supreme Court.
Hard Battles over Soft Law
ALI Restatements of the Law have traditionally exerted significant influence over court decisions and the development of the common law. During the past two decades, however, the ALI has seen an upsurge in interest group activity designed to shape or even thwart aspects of the Institute’s work.
Who Needs Adverse Possession?
Adverse possession is one of property law’s most central doctrines. Yet, this Article contends, the need it answers has been largely misunderstood.
A Roadmap for Foreign Official Immunity Cases in U.S. Courts
This Article provides a roadmap for cases involving foreign official immunity in U.S. courts.
Restating the Law of Prescriptive Easements
For many years, leading treatise writers have advised that if a prescriptive easement claimant establishes that otherwise unexplained use of another’s land has occurred in an open and notorious manner and continued without interruption for the statutory prescription period, the claimant’s use is presumed to have been adverse to the owner. The same leading authorities acknowledge that a minority of courts employ the opposite presumption—that otherwise unexplained use is presumed to be permissive.
Sentencing questions raising constitutional concerns
We highlight cert petitions that ask the Supreme Court to consider, among other things, the use of acquitted conduct in sentencing decisions, when a sentencing court must consider a defendant’s juvenile status as a mitigating factor, and compassionate release under the First Step Act.
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. Completed work is available to purchase online.