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.
N.C. Law Prohibits Public Access to Police Footage
Governor Pat McCrory just signed into law House Bill 972, which prohibits the public disclosure of police officer camera recordings. If you happen to be in the video or audio recording, you can request the file, but that request can be denied.
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.
Reporter Wenona Singel on Indian Child Welfare
Hear Associate Reporter Wenona Singel discuss Indian child welfare – the history and the clarity that the Restatement will offer.
Rape Redefined
Rape is redefined in gender equality terms by eliminating consent, an intrinsically unequal concept, and reconceiving force to include inequalities. International developments recognizing sexual assault as gender crime reveal domestic law’s failures and illuminate a path forward. A statutory proposal is offered.
Correctional Overcrowding
Kevin Reitz discusses the Model Penal Code: Sentencing project and how it tackles the problem of correctional overcrowding, not just in prisons, but in all criminal sanctions.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.