At its meeting in Philadelphia on January 16 and 17, 2020, the Council reviewed and discussed Council Drafts of ten projects and approved drafts and portions of drafts as listed below.*

American Indian Law: The Council approved Council Draft No. 6, containing all portions of the Restatement not yet approved by the ALI membership. The material included § 10 on Suits by Indian Tribes against the United States under the Tucker Act; § 33 on Immunity of Tribal Officials and Employees in Federal and State Courts; Chapter 3, Subchapter 1, on State Authority; §§ 52-55, 63, 67-68, and 75-82 of Chapter 4 on Tribal Economic Development; and Chapter 6 on Natural Resources.

Children and the Law: The Council approved Council Draft No. 5, which included §§ 3.10-3.30 of Chapter 3 on Child in Need of Services.

Conflict of Laws: The Council approved §§ 6.01-6.02 of Chapter 6 on Torts, General Rules, in Council Draft No. 3. There was insufficient time to discuss the remainder of the Chapter.

Copyright: The Council approved §§ 3.02-3.07 of Chapter 3 on Initial Ownership, Transfers, Licenses, Termination of Grants, and Abandonment in Council Draft No. 4. Section 3.01 was included in the draft only for discussion.

The Council discussed § 2.05 on Exclusion of Facts from Scope of Copyright Protection but no vote was taken. The Reporters will revise the Section in accordance with the discussion and include it in a future Council Draft.

Data Economy: The Council approved Council Draft No. 1, which included Principles 1-4 of Part I, General Provisions; Principles 5-10 of Part II, Data Transactions; and Principles 15-22 of Part III, Data Rights.

Government Ethics: The Council discussed §§ 601-602 and 611-614 of Chapter 6 on Disclosure in Council Draft No. 5. Because there was not enough time to discuss the remainder of the draft, no vote was taken on any Sections. The Reporters will revise §§ 601-602 and 611-614 in accordance with the discussion.

Intentional Torts: The Council approved Council Draft No. 6, which contained the following material from Chapter 3 on Privileges: Topic 1, Definitions for Privileges (§ 20); Topic 2, Self-Defense and Defense of Third Persons (§§ 21-26); and Topic 5, Arrest and Prevention or Termination of Crime (§§ 35-44). The version of § 26 recommended by the Reporters was approved rather than the alternative version also included in the draft.

Property: The Council approved Council Draft No. 2, containing §§ 1.1-1.18 of Chapter 1 on Trespass to Land, from Volume 2, Division One.

Sexual Assault: The Council approved Section 213.8 on Sexual Offenses Involving Minors in Council Draft No. 10, along with the material in Part II on Grading of Sections Previously Approved, as summarized in the first two columns of the chart attached as Appendix A to the Reporters’ Memorandum, subject to the Reporters grading Section 213.2 as a felony of the third degree, consistent with the first option listed in the second footnote on page 13 of the draft.

The material on Grading: General Considerations in Part I of the draft will be a Reporters’ Introduction in the next draft. There was insufficient time to discuss Section 213.11 on Procedural and Evidentiary Principles Applicable to Article 213 or Sections 213.12 and 213.12A-213.12J on Collateral Consequences of Conviction.

Student Sexual Misconduct: The Council approved §§ 6.1-6.6 of Chapter 6 on Resolution of Formal Sexual-Misconduct Complaints in Council Draft No. 3, subject to the Reporters moving certain material from Reporters’ Notes to Comments as requested at the meeting. There was insufficient time to discuss the remainder of the Chapter.

*All approvals are subject to the discussion at the meeting and the usual editorial prerogative.

If you would like more information on any of the Drafts or projects, please contact us at communications@ali.org.

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