Oregon, Indigenous Nations, Manifest Destiny, and the Doctrine of Discovery
This talk will explain the elements, or factors, that make up this international law and argue that the Doctrine of Discovery morphed into “American Manifest Destiny” and was used, and is still being used today, to justify the United States’ acquisition of the lands and assets of the Indian Nations and peoples.
California Governor Signs “Use of Force” Bill Into Law
On August 19, California’s Office of the Governor issued a press release announcing that Governor Newsom signed AB 392 into law. The bill enacts one of the strongest use-of-force laws in the country.
Law360 Article Argues In Favor of Risk Assessment Tools
An article for Law360 entitled “Risk Assessment Tools Are Not A Failed ‘Minority Report’” discusses the use of risk assessment tools used by judges in criminal cases. The article comes in response to a New York Times op-ed which implied that risk assessment tools make future violence seem more predictable than it actually is.
Fifth Circuit: ICWA is Constitutional on All Counts
The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts. There is a dissent forthcoming from Judge Owens.
Will the ABA Endorse An Affirmative-Consent Standard In Sex-Assault Prosecutions?
Many colleges have adopted a principle known as “affirmative consent,” which makes it easier to infer misconduct (and thus impose expulsion or other discipline) when a record is lacking in verbal or physical evidence one way or the other as to whether a student’s sexual encounter with another student was consensual.
The Restatements – First, Second, Third …
The American Law Institute was founded in 1923. Since then, the ALI has promulgated Restatements of the Law in several subjects and other influential works such as the Model Penal Code and the Uniform Commercial Code, a joint venture with the Uniform Law Commission.
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.