At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects and approved drafts and portions of drafts as listed below.*

Conflict of Laws
The Council approved the following material in Council Draft No. 6: §§ 5.09-5.19 and 5.25-5.30 of Topic 3, Substance–Procedure Distinction, of Chapter 5, Choice of Law. The Reporters will revise §§ 5.20-5.24 for consideration by the Council at a future meeting.

Consumer Contracts
The Council approved Council Draft No. 6, which contained the entire project.

Copyright
The Council approved Council Draft No. 6, containing § 10 of Chapter 1, Subject Matter and Standards: Generally; § 15 of Chapter 2, Subject Matter of Copyright: Scope of Protection; § 20, Comment g, of Chapter 3, Initial Ownership, Transfers, Voluntary Licenses, and Termination of Grants; §§ 40, 41, and 45-48 of Chapter 4, Copyright Formalities; and §§ 9.01-9.06 of Chapter 9, Copyright Remedies, as well as §§ 8 and 25, which were revised to incorporate motions approved at the 2021 Annual Meeting.

Policing
The Council approved §§ 1.12 and 1.13 of Chapter 1, General Principles of Sound Policing, and § 4.0x of Chapter 4, Police Encounters, of Council Draft No. 6. Due to time constraints, the Council did not complete its discussion of Chapter 14, Role of Other Agencies in Promoting Sound Policing. Review of that material will continue at the Council’s meeting in March, along with discussion of the remaining material in the draft—Chapter 12, Informants and Undercover Agents, and revisions to §§ 9.01 and 9.06 of Chapter 9, Forensic-Evidence Gathering.

Property
The Council approved Council Draft No. 5, containing Topics 1 to 3 of Chapter 2, Doctrines of Original Title, from Division Three, Accession, of Volume 1, The Basics of Property; and Chapter 1, Recording Requirements; Chapter 6, Marketable Title Acts; and Chapter 7, Title Disputes and Title-Related Actions, from Division Four, Recording, of Volume 5, Title and Transfers of Ownership.

Sexual Assault and Related Offenses
The Council reserved consideration of the following sections and topics in Council Draft No. 12: Sections 213.9 and 213.11-213.11J, and grading and registration in Section 213.8. The Council approved all other Sections in the draft with provisions marked by an asterisk. The Council will continue its discussion of the reserved sections and topics at its March meeting.

Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities
The Council approved Council Draft No. 6, which contained Chapter 9, Integrity of the Process: Confidentiality, Disclosure, Misrepresentation, Retaliation; and Chapter 10, Internal Student Discipline and the Criminal Justice System.

Torts: Concluding Provisions
The Council approved the following material in Council Draft No. 2: §§ 1-4 of Chapter 1, Intra-Family Immunities, §§ 6-7 of Chapter 2, Governmental Entities and Public Officials and Employees Immunities, and §§ 9-11 of Chapter 3, Miscellaneous Immunities, from the Immunities portion of the project; §§ 27-37 of Topic 6, Tort Claims for Economic Harm, from the Apportionment of Liability portion; and § 3 of Chapter 11, Liability of Medical Professionals and Institutions, from the Liability for Physical and Emotional Harm portion. The Council did not complete its discussion of the remainder of the draft due to time constraints.

Uniform Commercial Code and Emerging Technologies
The Council approved Council Draft No. 1, containing amendments to UCC Articles 1, 2, 2A, 3, 4, 4A, 5, 7, 8, and 9 and a draft of UCC Article 12.

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

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

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Pauline Toboulidis

The American Law Institute

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