Actions Taken at the 2021 Annual Meeting

This year’s Annual Meeting was held on May 17-18 and June 7-8. Below is a summary of the actions taken during both segments. All approvals by the membership at the Annual Meeting are subject to the discussion at the Meeting and the usual editorial prerogative.

Segment 1: May 17-18

Monday, May 17

The first project on the first day of this year’s virtual Annual Meeting was Restatement of the Law, The Law of American Indians. Reporter Matthew L.M. Fletcher and Associate Reporters Wenona T. Singel and Kaighn Smith, Jr., were joined by Council member Mary M. Schroeder, who chaired the discussion. Presented for membership approval was a Proposed Final Draft that contains the entire project: Chapter 1, Federal–Tribal Relations; Chapter 2, Tribal Authority; Chapter 3, State–Tribal Relations; Chapter 4, Tribal Economic Development; Chapter 5, Indian Country Criminal Jurisdiction; and Chapter 6, Natural Resources.

Actions Taken

Membership voted to approve the Proposed Final Draft, marking the completion of this project.

The second project was Principles of the Law, Compliance and Enforcement for Organizations, with Reporter Geoffrey P. Miller, Associate Reporters Jennifer H. Arlen, James A. Fanto, and Claire A. Hill, and ALI Council member Paul L. Friedman, who served as Chair. Tentative Draft No. 2 contains Chapter 1, Definitions, some of which were already approved at the 2019 Annual Meeting, Chapter 4, Compliance Risk Management, and Chapter 6, Criminal, Civil, and Administrative Enforcement Against Individuals and Companies for Corporate Misconduct, as well as part of Chapter 5, The Compliance Function.

Actions Taken

Membership voted to approve the Tentative Draft, marking the completion of this project.

The final project of the first day was Restatement of the Law, Children and the Law. Reporter Elizabeth S. Scott and Associate Reporters Emily Buss and Solangel Maldonado were joined by ALI Council member Troy A. McKenzie, who chaired the discussion. Tentative Draft No. 3 includes § 2.22 from Chapter 2, State Intervention for Abuse and Neglect; § 8.10 from Chapter 8, Student Speech Rights; §§ 9.10 and 9.20 from Chapter 9, Religion in Public Schools;
§§ 10.10 and 10.20 from Chapter 10, School Searches; and §§ 12.10 and 12.11 from Chapter 12, Pre-Adjudication.

Actions Taken

Membership voted to approve the Tentative Draft.

Tuesday, May 18

The first project of the second day was the ALI–ELI joint project, Principles for a Data Economy, with Reporters Neil B. Cohen and Christiane C. Wendehorst, project Co-Chairs Lord John Thomas of Cwmgiedd and Steven O. Weise, and ALI Council member Judith A. Miller, who served as Chair. Tentative Draft No. 2 contains the entire project: Part I, General Provisions; Part II, Data Contracts; Part III, Data Rights; Part IV, Third Party Aspects of Data Activities; and Part V, Multi-State Issues.

Actions Taken

Membership voted to approve the Tentative Draft, marking the completion for ALI of this project. The project will be presented next at ELI’s annual meeting.

The next project on the agenda was Restatement of the Law Third, Torts: Intentional Torts to Persons, with Reporter Kenneth W. Simons and Associate Reporter W. Jonathan Cardi, and ALI Council member Thomas M. Hardiman, who chaired the discussion. Tentative Draft No. 6 of this Restatement contains §§ 17-19 from Chapter 2, Consent; §§ 20-26 and 30-46 from Chapter 3, Privileges; and §§ 50-51 from Chapter 4, Miscellaneous Provisions.

Actions Taken

Membership voted to approve the Tentative Draft, marking the completion of this project.

The final project of the second day was Principles of the Law, Policing, with Reporter Barry Friedman, Associate Reporters Brandon L. Garrett, Rachel A. Harmon, Christy E. Lopez, Maria Ponomarenko, and Christopher Slobogin, and ALI Council member Raymond J. Lohier, Jr., who served as Chair. Tentative Draft No. 3 contains additions to Chapter 1, General Principles of Sound Policing; Chapter 2, General Principles of Searches, Seizures, and Information Gathering; Chapter 3, Policing with Individualized Suspicion; Chapter 5, Policing in the Absence of Individualized Suspicion; Chapter 6, Policing Databases; Chapter 8, General Principles for Collecting and Preserving Reliable Evidence for the Adjudicative Process; Chapter 9, Forensic-Evidence Gathering; and Chapter 13, Promoting Sound Policing Within Agencies.

Actions Taken

Membership voted to approve the Tentative Draft.

Segment 2: June 7-8

Model Penal Code: Sexual Assault and Related Offenses

The session on the Model Penal Code: Sexual Assault and Related Offenses spanned both days of the Annual Meeting (June 7 and 8). Reporter Stephen J. Schulhofer and Associate Reporter Erin E. Murphy were joined by ALI Council member Lee H. Rosenthal, who chaired the session. A complete draft of the project was presented to the membership.

Actions Taken

Two motions to amend the “recklessly” formulation in Article 213 failed.

A motion presented by Kimberly Kessler Ferzan to amend the “recklessly” mens rea formulations in Article 213 and structure in certain offenses passed.

Three motions to modify Section 213.3 failed.

After the Reporters agreed in substance to a motion to add a new subsection (10) to Section 213.8, an amended motion to add the following language as a new subsection (10) was passed by the membership: “For an offense charged under Section 213.8, an actor younger than 14 may be adjudicated delinquent only as a misdemeanant, regardless of the penalty authorized by the statute for the offense.”

A motion to delete Section 213.10 failed.

Six motions to amend Sections 213.11A, 213.11E, 213.11F, 213.11G, and 213.11I were accepted by the Reporters and passed by the membership.

A motion to remove subsection (1)(b) of Section 213.0 failed.

The membership voted to approve Tentative Draft No. 5. Approval of this draft marks the completion of the project, subject to the Council’s approval of the amendments approved at this Annual Meeting.

Monday, June 7

The afternoon began with Principles of the Law, Government Ethics. Reporter Richard Briffault and Associate Reporter Richard W. Painter were joined by ALI Council member Troy A. McKenzie, who served as Chair. Tentative Draft No. 3 includes a portion of Chapter 5, Restrictions on Leaving or Entering Public Service (§§ 5.01(d), 514, 515); Chapter 6, Disclosure; and Chapter 7, Administration and Enforcement of Ethics Provisions.

Actions Taken
The membership voted to approve the Tentative Draft.

The final project of the first day was Restatement of the Law Third, Conflict of Laws. Reporter Kermit Roosevelt III and Associate Reporters Laura Elizabeth Little and Christopher A. Whytock were joined by ALI Council member Sarah S. Vance, who served as Chair. Tentative Draft No. 2 includes Chapter 1, Introduction; Chapter 2, Domicile; and Chapter 5, Choice of Law, Topic 2, Foreign Law (Introductory Comment, §§ 5.06-5.08).

Actions Taken
A motion to recommit § 1.03(1) and related Comments failed.

The membership voted to approve the Tentative Draft.

Tuesday, June 8

ALI Council member Carolyn B. Kuhl chaired the Restatement of the Law Fourth, Property discussion. She was joined by Reporter Henry E. Smith and Associate Reporters John C.P. Goldberg, Thomas W. Merrill, and Christopher M. Newman. Tentative Draft No. 2 contains material from Volumes 1, 2, and 3 on Possession, Trespass to Land, and Bailments:  Volume 1, The Basics of Property: Division Two, Possession, Chapter 1, Possession (§§ 1.1, 1.8); Volume 2, Interferences with, and Limits on, Ownership and Possession: Division One, Property Torts, Chapter 1, Trespass to Land, Topic 1, Trespass to Land (§§ 1.1, 1.3-1.5); and Volume 3, Powers and Duties Associated with Ownership: Division Three, Bailments (§§ 1, 2).

Actions Taken
The membership voted to approve the Tentative Draft.

The final project of the Annual Meeting was Restatement of the Law, Copyright. Reporter Christopher Jon Sprigman and Associate Reporters Daniel J. Gervais, Lydia Pallas Loren, R. Anthony Reese, and Molly S. Van Houweling were joined by ALI Council member Wallace B. Jefferson, who served as Chair. Tentative Draft No. 2 contains Chapter 1, Subject Matter and Standards: Generally (§§ 1-9, 11); Chapter 2, Subject Matter of Copyright: Scope of Protection (§ 12 (for discussion only); §§ 13, 14, 16, 19); and Chapter 3, Initial Ownership, Transfers, Voluntary Licenses, and Termination of Grants (§§ 20-29).

Actions Taken
A motion to amend § 8 to add a new subsection (c) was accepted by the Reporters and passed by the membership.

A motion to amend § 8, Comments d and g, failed.

A motion to amend § 9 failed.

A motion to amend § 22 failed.

A motion to amend § 25 to add a new subsection (f) was accepted by the Reporters with a modification and passed by the membership. The new language reads:

(f) When the owner of copyright in a contribution to a collective work authorizes the contribution’s inclusion in the collective work, “[i]n the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.”

A motion to amend subsection (a) of § 25 failed.

Time expired before §§ 27-29 were discussed.

The membership voted to approve §§ 1-9, 11, 13, 14, 16, 19, and 20-26 of the Tentative Draft.