Qualifications of Primary Governance Actors for Compliance and Risk Management
The following entry is excerpted from the Black Letter and Comments of Tentative Draft No. 1; Section 3.06 Qualifications of Primary Governance Actors for Compliance and Risk Management.
Race and Policing – Part Two
In Part Two of this two-part episode of Reasonably Speaking, Sherrilyn Ifill, Barry Friedman, and John Malcolm explore the intersection of race and policing in the United States. Part Two addresses predictive policing, funding priorities, and working toward a solution.
The Model Penal Code Goes to Congress: Sentence Reduction for Compelling Reasons
The Model Penal Code: Sentencing (MPC) is not specifically designed or intended to influence sentencing in the federal system, although the MPC itself often reflects the influence of federal law. In one recent case, the influence of one upon the other appears mutual: an MPC provision modeled on a federal statute authorizing reduction of prison sentences may have been at least indirectly responsible for changing its federal model. The change at issue, discussed below, reinforces the fundamental tenet of the MPC that courts should have primary responsibility for determining sentences, as opposed to legislatures or corrections officials.
The Draft Restatement of the Law, Consumer Contracts Follows the Law
Last fall, the ALI Council approved Council Draft No. 5 of the Restatement of the Law, Consumer Contracts, for submission to the members at the ALI Annual Meeting in May 2019, subject to the discussion at the Council meeting and the usual editorial prerogatives. The Reporters are now working on the draft to be presented in May.
U.S. Circuit Courts Cite Torts 3d
Two U.S. Courts of Appeals recently cited the Restatement of the Law Third, Torts. The First Circuit cited the Restatement of the Law Third, Torts: Products Liability § 4 and the Seventh Circuit cited Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm §§ 27 and 34. Summaries of those opinions are provided below.
Completing the Restatement Third of Torts
At its January meeting, the Council approved the launch of the final three components of the Restatement Third of Torts. The projects tentatively are titled: Remedies; Defamation and Privacy; and Concluding Provisions. With these projects, the ALI aims to complete an effort that began nearly three decades ago, when we started work on the Restatement of the Law Third, Torts: Products Liability. And when these projects are completed, the ALI will have produced a body of work that entirely supersedes the Restatement Second of Torts.
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.