The Institute in the Courts: Court of Appeals of Oregon Cites Restatement of the Law, Children and the Law
In In re C. L. E., 502 P.3d 1154 (Or. Ct. App. 2021), the Court of Appeals of Oregon cited Restatement of the Law, Children and the Law § 15.30 (Tentative Draft No. 2, 2019) (subsequently renumbered as § 13.40), which the membership approved at the 2019 Annual Meeting.
At the invitation of The American Law Institute, a group whose members span a range of legal and political views met to consider the way forward on ECA reform. We came to agree on the following principles, distilled from a longer treatment, which could provide a path to bipartisan reform.
The attack on the Capitol on January 6 shocked most Americans and focused attention as well on the law that governs Congress’ count of the state’s electoral votes for President and Vice President. To the members of The American Law Institute, that day’s events also marked a challenge: how to ensure that the very essence of our democracy is not placed at risk again in the future. To undertake this important project, ALI convened 10 individuals with extensive experience in law and government to study the Electoral Count Act and to make proposals for reform.
At its meeting on March 2, 2022, the ALI Council considered drafts and revisions for three projects.
The American Law Institute will celebrate its 100th anniversary next year. An occasion of this sort is a natural time for us to reflect on what we have been able to accomplish in our first 100 years, as well as an opportunity to plan for the Institute’s future.
At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects.
It is gratifying to see that the Restatement of Liability Insurance is proving useful to judges because it has been one of the ALI’s more contentious projects. Approved by the ALI membership in 2018 and published a year later, the Restatement of Liability Insurance has now been cited in over 50 cases by state and federal courts.
The Restatement of the Law Fourth, The Foreign Relations Law of the United States: Selected Topics in Treaties, Jurisdiction, and Sovereign Immunity, which was published in 2018, has been receiving significant attention in federal and state courts.
At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.
On September 10, the Global Innovation Policy Center of the U.S. Chamber of Commerce sent a letter to The American Law Institute concerning the Restatement of the Law, Copyright project. The post features ALI’s response to this inquiry.