ALI members voted at The American Law Institute’s 2018 Annual Meeting to approve Restatement of the Law, Liability Insurance. The project Reporters are Tom Baker of the University of Pennsylvania Law School and Associate Reporter Kyle D. Logue of Michigan Law School.
Jennifer Morinigo Posts
Waiver and Estoppel – Part 2
by Jennifer Morinigo | May 18, 2018 | Liability Insurance
The following entry contains the complete text of the Black Letter, Comments, and Reporters’ Notes from Proposed Final Draft No. 2 of Section 6. Estoppel.
Waiver and Estoppel – Part 1
by Jennifer Morinigo | May 17, 2018 | Liability Insurance
The following entry is excerpted from the Reporters’ Notes, Black Letter and Comment from Proposed Final Draft No. 2 of Section 5. Waiver.
Student Sexual Misconduct: Introductory Note
by Jennifer Morinigo | May 14, 2018 | Student Sexual Misconduct
Principles of the Law, Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities will be presented for discussion at ALI’s 95th Annual Meeting. Below is the Introductory Note included in the draft.
Plain Meaning and Ambiguous Terms
by Jennifer Morinigo | May 3, 2018 | Liability Insurance
Since the 2017 Annual Meeting, many changes have been made to the Liability Insurance project draft. Sections 3 and 4, The Plain-Meaning Rule and Ambiguous Terms, have both been significantly revised to reflect the decision to adopt a plain meaning rule.
Rights of a Juvenile in Custody; Definition of Custody
by Jennifer Morinigo | May 1, 2018 | Children and the Law
Part III of the Children and the Law project deals with juvenile justice doctrine. In this area, modern courts increasingly have focused on differences between juvenile and adult offenders, often invoking research on adolescent development to guide legal decisionmaking. As the Introduction to this Part indicates, the Supreme Court has played an important role in promoting this developmental approach; in several opinions, the Court has determined that the immaturity of adolescents should inform the justice system response to juvenile offending.
Tribal Powers over Nonmembers – Part 2
by Jennifer Morinigo | Apr 30, 2018 | American Indian Law
This is the second post that presents the Sections from the 2018 American Indian Law Annual Meeting draft that deals with tribal powers over nonmembers. The previous post presented the Black Letter and Comments from § 34, Civil Regulatory and Adjudicatory Authority over Nonmembers.
Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies
by Jennifer Morinigo | Apr 25, 2018 | Liability Insurance
In the video below, Liability Insurance project Reporter Kyle Logue discusses Long Tail Claims, and the issues surrounding them. Included below the video is the Black Letter and Comment from the 2018 Annual Meeting draft.
False Imprisonment: What Constitutes a Confinement and Confinement by Assertion of Legal Authority?
by Jennifer Morinigo | Apr 23, 2018 | Torts: Intentional Torts to Persons
In this video, project Reporters Ken Simons and Jonathan Cardi discuss what makes a confinement an intentional tort, including confinement by assertion of legal authority.
Parental Authority and Responsibility for Medical Care
by Jennifer Morinigo | Apr 20, 2018 | Children and the Law
Two Sections from the 2018 Annual Meeting draft deal with this topic. Black letter for each Section is included below. The full draft contains Comments (with Illustrations) and Reporters’ Notes.