The Debate Over the Role of Restatements
In the past few years, we frequently have seen the charge that the ALI’s mission is to state what the law “is,” rather than what the Institute thinks the law “ought to be,” and that we recently have strayed from this mission and should right the ship. This charge most often is made when the ALI chooses to restate a minority rule. As one commentator wrote in criticizing the Restatement of the Law, Liability Insurance (which, despite the criticism, followed majority rules in nearly all of its Sections): The adoption of a minority rule in a Restatement “is fundamentally inconsistent with the purpose of a Restatement of Law project.” Such comments rest on the notion that the ALI’s mission is simple, uncontested, and has always been so. That, however, is not the case.
Criminal Justice Reform: A Survey of 2018 State Laws
State legislatures across the country made significant strides in reforming their criminal justice regimes throughout 2018. States revised their existing criminal codes, passed new legislation, and amended their constitutions in order to address a range of criminal justice concerns.
Why Does the US Sentence People to Hundreds of Years in Prison?
On July 15, a Virginia judge sentenced James Fields Jr. to a life sentence, plus 419 years, for killing Heather Heyer at the 2017 Charlottesville white nationalist rally by ramming his car into a crowd.
The new Restatement of the Law, Liability Insurance: a primer
For the first time, the institute has spoken on the subject of liability insurance. It has published the Restatement of the Law, Liability Insurance. This Restatement has proven to be controversial, both in its drafting process and since its final approval. Yet, it was not adopted lightly.
Nonprofit Governance: Who Should Be Watching? A Look at State, Federal and Dual Regulation
Recent scandals in the nonprofit sector have once again called into question the issue of nonprofit governance. Who is governing these organizations and are they doing so appropriately? Who is regulating and what law applies — federal, state, or both?
Federal Government to Resume Capital Punishment After Nearly Two Decade Lapse
On July 25, the U.S. Department of Justice issued a press release announcing that the Federal Government will resume capital punishment after a nearly two decade lapse.
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.