Kaighn Smith, Jr., Matthew L.M. Fletcher and Wenona T. Singel | December 22, 2016 | American Indian Law
Many people are not aware that federal constitutional constraints on governmental action set forth in the Bill of Rights and the Fourteenth Amendment do not apply to, or constrain, tribal government.1 The primary source for individual rights to constrain tribal...
Jennifer Morinigo | December 19, 2016 | Sexual Assault
The Model Penal Code’s definition of “Consent” has been reviewed and approved by ALI’s Council. The approved text, posted below, includes slight edits to the previous black letter suggested by Council or by ALI member Kate Stith, who presented the motion at the 2016...
Kevin Reitz and Jennifer Morinigo | December 8, 2016 | Sentencing
The Model Penal Code: Sentencing project may appear before ALI membership at the 2017 Annual Meeting in May for final approval. This project tackles some of the most difficult policy and procedure questions that are at the forefront of debate across the U.S. As we...
Joseph Lavitt | September 28, 2016 | Liability Insurance
This Commentary [originally published in the Rutgers University Law Review] focuses on the proposed Restatement of the Law of Liability Insurance 2016, Tentative Draft No. 1, sections 4, 13, 18, 19, 21, and associated materials. Tentative Draft No. 1 of the American...
Jennifer Morinigo | September 6, 2016 | Sexual Assault
The definition of Consent has been one of the most hotly debated issues in the project. Although it comprises only a single subsection of the Definitions section (Section 213.0(3)), “consent” is the principal concept used to distinguish lawful from unlawful sexual...
