Making Whole, Making Better, and Accommodating Resilience
This article undermines the conventional story that compensatory damages aim to make plaintiffs whole, but not better off. This make-whole ideal implies that courts should subtract material gains from compensatory awards because otherwise plaintiffs would be unjustly enriched.
ALI-ELI Webinar on the Use of Automated Decision-Making and Consumer Law
On February 8, ALI and ELI will host a webinar on the use of automated decision-making and consumer law.
January 2024 Council Meeting Updates
At its meeting on January 18 and 19, 2024, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed.
Court split over California man’s takings clause dispute
Justices appeared divided at oral argument in a California man’s challenge to the constitutionality of the “traffic impact mitigation” fee that he was required to pay when building his home.
Law360 Article on Excessive Force Claims
This recent Law360 Access to Justice article examines several excessive use-of-force cases and what this could mean for future litigants.
Principles for a Data Economy Is Available
ALI-ELI Principles for a Data Economy is a joint undertaking with the European Law Institute, which, much like the ALI, is a membership-based, independent nonprofit organization with the mission of providing guidance on legal developments. The Principles, adopted by both Institutes in 2021, have already reshaped global legal perspectives on data.
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.