At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes:
Law of American Indians: The Council approved Council Draft No. 4, with the exception of § 33 Sovereign Immunity and Tribal Officials and Individuals, which the Reporters deferred for consideration at a future meeting. Approved Sections are:
CHAPTER 2. TRIBAL AUTHORITY
§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 Regulation of Tribal Authority
§23. Constitutional Rights of 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
§32. Tribal Sovereign Immunity
§34. Civil Regulatory and Adjudicatory Authority over Nonmembers
§35. Tribal-Court Exhaustion Rule
Conflict of Laws: The Council approved § 2.08 Central Link for Juridical Persons and § 2.09 Central Links by What Law Determined and § 5.01 Nature and Development of Choice of Law § 5.08 Determination of Foreign Law of Council Draft No. 2, subject to the discussion at the meeting and the usual editorial prerogative. Chapter 1 and § 2.01 Central Links for Natural and Juridical Persons, § 2.02. Central Links for Natural Persons, § 2.03. Domicile, § 2.04. Domicile of Origin, § 2.05. Domicile of Minors, § 2.06. Changing a Natural Person’s Domicile and § 2.07 Presence Under Compulsion of Council Draft No. 2 were previously approved by the Council.
Children and the Law: The Council approved Council Draft No. 2, which included:
PART I Children in Families
CHAPTER 2 Parental Authority and Responsibilities (§§ 2.10, 2.30)
CHAPTER 3 State Intervention for Abuse and Neglect (§§ 3.20, 3.26)
PART II Children in Schools
CHAPTER 6 State’s Obligation to Educate Children (§ 6.10)
PART III Children in the Justice System
CHAPTER 13 Introduction and Defi nitions (§ 13.10)
CHAPTER 15 Delinquency Proceedings (§§ 15.10, 15.30, 15.40-15.41)
CHAPTER 17 Juveniles in Criminal Justice System (§§ 17.20, 17.30)
PART IV Children in Society
CHAPTER 19 Medical Decisionmaking by Minors (§§ 19.01, 19.02)
Data Privacy: The Council approved § 6. Confidentiality, § 7. Use Limitation, and § 8. Access and Correction of Council Draft No. 2.
§4. Individual Notice and § 5. Consent were deferred until material on remedies is drafted.
Discussion of § 9. Data Retention and Disposal and § 10. Data Portability was wide-ranging; thus, that material will be revised and considered at future meeting.
Government Ethics: The Council discussed Council Draft No. 3, but no approval was sought. A revised version of the material, as well as a draft of Chapter 2, will be considered at the Council’s January 2018 meeting.
Intentional Torts: The Council approved § 3 Battery: Definition of Offensive Contact, § 10 Participation in an Intentional Tort, § 12 Categories of Consent That Preclude Liability, and § 13 Actual Consent: Definition and Conditions of Council Draft No. 4. A revised draft of § 3 was distributed to the Council prior to the meeting and is available to ALI members on the ALI website.
There was insufficient time to consider § 1 Battery: General Definition, § 4 Purposeful Infliction of Bodily Harm, § 5 Assault, § 7 False Imprisonment, § 9A Fraud Causing Physical or Emotional Harm, and § 14 Scope Conditions of Actual Consent, § 15 Capacity, Lack of Duress, and Lack of Substantial Mistake Requirements, § 16 Apparent Consent, § 17 Implied-in-Law Consent, § 18 Emergency Doctrine, and § 19 Medical Treatment Without Legally Effective Consent as Battery.
MPC Sexual Assault: The Council discussed Council Draft No. 6, but no approval of any portion of the draft was sought. As planned, the project will be on the agenda for the Council’s January 2018 meeting.
Student Sexual Misconduct: The Council approved Chapters 1 First Principles for Procedural Frameworks and 2 Notice and Clarity of Policies; Support and Interim Measures of Council Draft No. 1.
There was insufficient time to consider Chapters 3 Reporting of Sexual Assault and Related Misconduct and 4 Inquiries and Investigations; that material will be on the agenda for the Council’s January 2018 meeting.
All Council approvals are subject to the discussion at the meeting and the usual editorial prerogative.
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