At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts as listed below.*

Children and the Law
The Council approved Council Draft No. 7, which included §1.20 from Chapter 1, Parental Authority and Responsibilities; §§ 2.26, 2.30, and 2.40 to 2.44 from Chapter 2, State Intervention for Abuse and Neglect; §§ 12.30 to 12.32 from Chapter 12, Pre-Adjudication; and §§ 14.10 and 14.11 from Chapter 14, Delinquency Dispositions. The draft also contained four new Comments to be added to previously approved Sections in Part II (Children in Schools): Comment i to § 5.10, State Constitutional Right; Comment k to § 7.10, The Use of Force in Response to Student Behavior; Comment h to § 7.20, Exclusion from School; and Comment j to § 8.10, Student Expression.

Conflict of Laws
The Council approved Council Draft No. 5, containing §§ 8.01 to 8.12 of Topic 1, General Choice-of-Law Rules, of Chapter 8, Contracts.

The Council approved Council Draft No. 4, containing Chapters 1 to 3 of Division Three, Accession, of Volume 1, The Basics of Property; Chapter 7 of Division One, Property Torts, of Volume 2, Interferences with, and Limits on, Ownership and Possession; and Chapters 2 to 5 of Division Four, Recording, of Volume 5, Title and Transfers of Ownership.

Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities
The Council approved Council Draft No. 5, which included §§ 6.7, 6.8, and 6.12 of Chapter 6, Formal Resolution of Sexual-Misconduct Complaints; Chapter 7, Sanctions; and Chapter 8, Appeals. The remainder of Chapter 6 was approved at previous Council meetings.

Torts: Concluding Provisions
The Council approved § 4A, Wrongful Acts Doctrine, and § 4B, Criminal Conduct and Other Statutory Wrongs as Plaintiff Negligence Per Se, of Topic 1, Basic Rules of Comparative Responsibility, of the Apportionment of Liability portion of Council Draft No. 1. The remainder of the draft was approved at previous Council meetings, with the exception of material on medical monitoring, which was revised and included in Preliminary Draft No. 2 for discussion by the project’s Advisers and Members Consultative Group this fall.

Torts: Remedies
The Council approved Council Draft No. 1, containing § 1, Availability of Tort Remedies, and §§ 2 to 10 and 12 to 17 of Topic 1, General Rules for Measuring Compensatory Damages, of Chapter 1.

If you would like more information on any of the Drafts or projects, please contact us at 

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


Pauline Toboulidis

The American Law Institute


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