MPC: Sentencing Figures in Federal Sentence Reform

The provisions on sentence reduction in the Model Penal Code: Sentencing project have recently played a key role in federal sentencing reform efforts. In one case a federal task force on corrections credited the ALI for one of its recommendations; in another. the U.S. Sentencing Commission expanded its policy on sentence reduction after hearing testimony from two Advisers to the MPC project.

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The Evolution of the Model Penal Code “Consent” Definition

The definition of Consent has been one of the most hotly debated issues in the project. Although it comprises only a single subsection of the Definitions section (Section 213.0(3)), “consent” is the principal concept used to distinguish lawful from unlawful sexual conduct. It is therefore critical that the concept is accurately defined.

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The Draft Restatement Improperly Limits Use of Extrinsic Evidence in Insurer Decision-Making on Duty To Defend

The thesis of this article is that a liability insurer, in determining whether it has a duty to defend a suit against one claiming to be an insured should be entitled to consider any evidence extrinsic to the complaint against the insured that bears on facts not at issue in the suit it has been called upon to defend; in certain circumstances, it may even be entitled to consider evidence bearing on facts that are at issue in that suit. That issue is now in dispute in the process of drafting a “Restatement of the Law of Liability Insurance.” This article will describe the dispute and criticize both of the competing drafts.

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