This Article provides a roadmap for cases involving foreign official immunity in U.S. courts.
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.
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.
On June 1, the European Law Institute hosted its Decennial Celebration. Lance Liebman (former Director of The American Law Institute (ALI)), reminisced about guiding ELI to its establishment and the good working relationship of the ALI and ELI ever since.
Erin E. Murphy, Associate Reporter for Model Penal Code: Sexual Assault and Related Offenses, provides background and a short description of every provision in Tentative Draft No. 5.
Dissenting Associate Justice Samuel Alito cites the Restatement Third of Torts: Liability for Economic Harm § 28 and Restatement Second of Torts § 876.