Members of The American Law Institute voted this week to approve Tentative Draft No. 6 of Restatement of the Law Third, Torts: Intentional Torts to Persons. The vote marks the completion of this project.
Jennifer Morinigo Posts
Restatement of the Law of American Indians Is Approved
Jennifer Morinigo | May 17 2021 | American Indian Law
ALI members voted at The American Law Institute’s Annual Meeting to approve Restatement of the Law, The Law of American Indians. This is the first Restatement on this important area of law. The project Reporters are Matthew L.M. Fletcher and Wenona T. Singel, both of Michigan State University College of Law, and Kaighn Smith, Jr. of Drummond Woodsum.
Children and the Law: School Searches – Search Based on Individualized Suspicion
Jennifer Morinigo | Apr 29 2021 | Children and the Law
Restatement of the Law, Children and the Law, Tentative Draft No. 3 (TD3) will be presented to ALI membership at the 2021 ALI Annual Meeting. This post includes black letter and Comment excerpted from this draft, which contains § 10.10. Student Search by School Officials Based on Individualized Suspicion.
Restatement of the Law, Copyright
Jennifer Morinigo | Apr 28 2021 | Copyright
The following is the Foreword text from Tentative Draft No. 2. Of Restatement of the Law, Copyright. This draft will be presented to ALI’s members at the 2021 Annual Meeting.
Supreme Court of Georgia Cites Restatement of the Law of Liability Insurance
Jennifer Morinigo | Apr 22 2021 | Liability Insurance
On April 19, 2021, the Supreme Court of Georgia issued its opinion on the case in response to the Eleventh Circuit’s certifications. In its discussion of the background principles of law, the court cites Comment a of § 27, Remedies for Breach of the Duty to Make Reasonable Settlement Decisions, of Restatement of the Law, Liability Insurance.
District of Maine Seeks Guidance on Duty to Defend from Restatement of Liability Insurance
Jennifer Morinigo | Feb 23 2021 | Liability Insurance
In its Decision and Order on Cross-Motions for Summary Judgment (2021 WL 681119), the District Court of Maine was presented with the issue of when a duty to defend terminates. The court looked to Section 18 of Restatement of the Law, Liability Insurance (Restatement) for guidance.
Project Spotlight: Restatement of the Law Third, Torts: Remedies
Jennifer Morinigo | Jan 7 2021 | Torts: Remedies
In the fall of 2020, the first draft of Restatement of the Law Third, Torts: Remedies was produced and the first project meeting was held. The post contains an excerpt from Comments of § 1 of Preliminary Draft No. 1 (Oct. 2020), titled “Introduction: The Right to a Remedy.”
Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC
Jennifer Morinigo | Jan 4 2021 | Torts: Remedies
From Season Two of Reasonably Speaking, this episode discusses the Supreme Court’s decision, both the Securities Act of 1933 and the Securities Exchange Act of 1934, and whether the Court’s reference to “equitable relief” includes the remedy of “disgorgement.”
Children and the Law: Protecting the Vulnerable in a Time of Crisis
Jennifer Morinigo | Dec 23 2020 | Children and the Law
In this episode of Reasonably Speaking, juvenile justice scholar and Chief Reporter of the Restatement of the Law, Children and the Law, Elizabeth Scott guides our Children and the Law-exclusive panel through a series of discussions centering on child advocacy and juvenile law during a pandemic.
Project Spotlight: Model Penal Code: Sexual Assault and Related Offenses
Jennifer Morinigo | Oct 29 2020 | Sexual Assault
This article summarizes certain portions of the 1962 Model Penal Code (1962 Code) that are integral to understanding Sections of MPC:SA, and provides a very brief overview of points raised in past project meetings that may provide readers the comprehensive scope of the status of the project.