During its meeting in New York City on October 18 and 19, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.

Policing: The Council approved Chapter 1 and §§ 3.01-3.06 of Chapter 3, but there was insufficient time to consider § 3.07 on searches incident to arrest and Chapters 4 and 11. In response to comments from project participants, the Reporters will make a number of changes that will be incorporated into their next draft. The project will be on the agenda for the Council’s January 2019 meeting.

Compliance, Risk Management, and Enforcement: The Council discussed Chapters 1 through 3 but did not have time to consider Chapter 5, and no vote was taken on the draft. The Reporters will revise Chapters 1 through 3 pursuant to the meeting discussion and include the revised Chapters in their draft for the January 2019 Council meeting.

Consumer Contracts: The Council approved Council Draft No. 5, subject to the discussion at the meeting and the usual editorial prerogative. The Reporters agreed to revise the draft to address comments received from project participants as well as comments made during the Council’s discussion; the revised material will be submitted at the 2019 Annual Meeting.

Children and the Law: Council Draft No. 3, comprising three Sections on parental authority to make decisions about a child’s associations with a third party, one Section on state intervention for parental neglect, two Sections on school authority to exercise control over students for misbehavior, and two Sections on juveniles’ right to counsel in delinquency proceedings, was approved by the Council.

Torts: Intentional Torts to Persons: Council also approved Council Draft No. 5. Sections submitted for approval were § 1, Comment H (battery and implied-in-law consent), §§ 1, 4, 5, and 7 (excerpts of consent provisions for specific torts), § 12 (categories of consent that preclude liability), §§ 13-15 (actual consent), § 16 (apparent and presumed consent), § 17 (emergency doctrine), § 18 (consent to sexual conduct), § 19 (medical treatment without legally effective consent as battery), § 20 (general principles for privileges), and §§ 30-34 (privilege to defend land or personal property).

Law of American Indians: Council Draft No. 5 was submitted consisting of §§ 44-46 and 47-51 on the Indian Child Welfare Act and similar state laws, §§ 58-62 and 64-66 on Indian tribes as economic actors, and §§ 100-108 on Indian Country criminal jurisdiction. The Council approved Council Draft No. 5, subject to the meeting discussion and the usual editorial prerogative.

In addition to the above project updates, the ALI Council reviewed and approved Council Draft No. 2 of Copyright. Visit www.ali.org to learn more.

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

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


ALI Staff

The American Law Institute


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