At its October 2016 meeting, the Council took the following actions concerning project drafts:

The Law of American Indians

There was discussion of portions of Council Draft No. 3, but, due to insufficient time, no approval was sought. The Council will continue its consideration of the draft at a future meeting. The Draft contains:

CHAPTER 1, FEDERAL–TRIBAL RELATIONS, Breach-of-Trust Claims

  • § 10. Suits by Indians and Tribes Against the United States

CHAPTER 2, TRIBAL AUTHORITY, Definitions

  • § 15. Indian Lands
  • § 16. Nonmember Lands
Subchapter 1 – Tribal Sovereignty in General
  • § 20. Sources of Tribal Authority
  • § 21. Scope of Tribal Authority
  • § 22. Federal Statutory Limitations on Tribal Authority
  • § 23. Constitutional Rights and Persons Under Tribal Jurisdiction
Subchapter 2 – The Powers of Indian Tribes
  • § 24. The Power to Establish a Form of Government
  • § 25. The Power to Define Tribal Membership or Citizenship Criteria
  • § 26. The Power to Regulate Domestic Relations
  • § 27. The Power to Prescribe Rules of Inheritance
  • § 28. The Power to Tax
  • § 29. The Power to Exclude
  • § 30. The Power to Regulate the Use and Disposition of Property and Natural Resources
  • § 31. The Power to Enforce Laws
  • § 33. Tribal Sovereign Immunity
  • § 34. Powers over Nonmembers
  • § 35. Tribal-Court Exhaustion Rule

CHAPTER 4, TRIBAL ECONOMIC DEVELOPMENT, Subchapter 2: Indian Tribes as Economic Actors

  • § 58. Tribal Economic Enterprises
  • § 59. Sovereign Immunity of Indian Tribes and Their Unincorporated Subdivisions, Agencies, and Instrumentalities
  • § 60. Sovereign Immunity of Tribal Corporations Formed Pursuant to the Indian Reorganization Act and the Oklahoma Indian Welfare Act
  • § 61. Sovereign Immunity of Tribal Corporations and Other Business Associations Formed Pursuant to Tribal Law
  • § 62. Sovereign Immunity of Corporations and Other Business Associations Formed by Indian Tribes Pursuant to State Law

Data Privacy

The Council approved Sections 1 – 3 of Council Draft No. 1. There was insufficient time to consider Section 4. The Draft contains:

CHAPTER 1, PURPOSE, SCOPE, AND DEFINITIONS

  • § 1. Purpose and Scope of the Data Privacy Principles
  • § 2. Definitions

CHAPTER 2, DATA PRIVACY PRINCIPLES

  • § 3. Transparency Statement
  • § 4. Individual Notice

Policing

The Council approved Council Draft No. 1.  The Draft contains:

PART II, PRINCIPLES OF SEARCH AND SEIZURE

CHAPTER 5, USE OF FORCE
  • § 5.01. Objectives of the Use of Force
  • § 5.02. Duty to Minimize the Use of Force
  • § 5.03. De-escalation and Force Avoidance
  • § 5.04. Proportional Use of Force
  • § 5.05. Instructions and Warnings

Sentencing

The Council approved Council Draft No. 6.  The Reporters will submit a provision on restorative justice for consideration at the January 2017 Council meeting. The Draft contains:

PART I – General Provisions

  • ARTICLE 6 Authorized Disposition of Off enders (§§ 6.04, 6.04B, 6.06)
  • ARTICLE 6x Collateral Consequences of Criminal Conviction (§§ 6x.02, 6x.04)
  • ARTICLE 6B Sentencing Guidelines (§ 6B.08)
  • ARTICLE 7 Authority of the Court in Sentencing (§§ 7.02-7.04, 7.07, 7.07A-7.07C, 7.08, 7.09)

PART III – Treatment and Correction

  • ARTICLE 305 Prison Release and Postrelease Supervision (§§ 305.6, 305.8)

APPENDIX A – Reporters’ Memorandum: Victims’ Roles in the Sentencing Process

View the detailed Sentencing Table of Contents.

Sexual Assault and Related Offenses

The Council approved Section 213.0(3) of Council Draft No. 4. In January 2017, the Council will consider Sections 213.0(7) and 213.1-213.4.

Details of the Council Draft:

  • SECTION 213.0 (3) DEFINITIONS – CONSENT
  • SECTION 213.0 (7) DEFINITIONS – SEXUAL PENETRATION
  • SECTION 213.2 SEXUAL PENETRATION WITHOUT CONSENT

Additionally, the Council approved Council Draft No. 1 of the Children and the Law, Consumer Contracts, and both Torts projects.  A future site post will highlight the areas of each draft that was approved.

All of the approvals by ALI Council are subject to the discussion at the meeting and the usual editorial prerogative.

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Jennifer Morinigo

The American Law Institute

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