Guidance for Insurrection Act Reform Issued by Bipartisan Group
Today, a bipartisan group led by Bob Bauer (NYU School of Law and former White House Counsel to President Obama) and Jack Goldsmith (Harvard Law School and former Assistant Attorney General in the George W. Bush administration) issued “Principles for Insurrection Act...
Taking Back the Takings Clause: Tyler v. Hennepin County and State Power over Property
This Article argues that several common solutions were available in Tyler v. Hennepin County and that, in future cases, the Court should seriously consider amending its current approach to incorporate insights from one or both of these approaches.
Idaho Supreme Court Adopts Property 3d Provision
The Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f.
The Sovereignty Problem in Federal Indian Law
This paper is an effort to show that federal sovereign defenses are not inevitable, nor are they even necessary.
Trademark, Copyright High Court Cases Shake Out in Lower Courts
In 2023, the US Supreme Court issued high-profile rulings on trademark territoriality, fair use, and First Amendment protection. But as often happens, these rulings clarify the law while leaving unanswered questions for 2024.
New Jersey Enacts Comprehensive Privacy Law
New Jersey is the first state to enact a comprehensive privacy law in 2024 and the 13th state overall with a comprehensive privacy law on the books. The law is notable in applying to nonprofit entities, provided that they meet the Act’s applicability thresholds.
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.