Daily Update - Wednesday, May 18 | American Law Institute

2022 Annual Meeting

Daily Update - Wednesday, May 18

What Happened Today at the Annual Meeting – Wednesday Edition

The final day of this year’s Annual Meeting began with a presentation from ALI Early Career Scholars Medal recipient David Pozen of Columbia Law School on the topic of constitutional polarization. The paper on this topic is available for download here. The slides shown during his presentation are available here.

The first project session on the final day of this year’s Annual Meeting was the continuation of Corporate Governance. Presented for membership approval was Tentative Draft No. 1.

Actions Taken*

Membership voted to approve §§ 4.01, 4.02, 5.01, and 5.10 of Tentative Draft No. 1. At yesterday’s session, §§ 1.10, 1.23, 1.24, and 2.01 of the draft were approved. After discussion at the Annual Meeting, the Reporters agreed to revisit § 5.02. Accordingly, there was no vote on § 5.02.

Next on the agenda was Policing. Council member Raymond J. Lohier Jr. joined Reporter Barry Friedman and Associate Reporters Brandon L. Garrett, Rachel A. Harmon, Tracey L. Meares, Maria Ponomarenko, Christopher Slobogin, and Project Fellow Christy E. Lopez to present Tentative Draft No. 4. The draft contains material from Chapter 1, General Principles of Sound Policing, Chapter 4, Police Encounters, Chapter 9, Forensic-Evidence Gathering, Chapter 12, Informants and Undercover Agents, and Chapter 14, Role of Other Actors in Promoting Sound Policing.

Actions Taken*

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

The Policing session was followed by Property. Council member Carolyn B. Kuhl joined Reporter Henry E. Smith and Associate Reporters Sara C. Bronin, John C.P. Goldberg, Daniel B. Kelly, and Christopher M. Newman to present Tentative Draft No. 3. The draft includes material on Nuisance, Bailments, The Estate System and Related Matters, and Zoning, Planning, and Subdivision.

Actions Taken*

Membership voted to approve the draft.

The last project before lunch was the Uniform Commercial Code and Emerging Technologies. Council member Teresa Wilton Harmon joined Neil B. Cohen, Charles Mooney, Edwin Smith, and Steven O. Weise on the dais. Tentative Draft No. 1 contains draft amendments to Articles 1, 2, 2A, 3, 4, 4A, 5, 7, 8, and 9; draft Article 12; and transition provisions.

Actions Taken*

Membership voted to approve the Tentative Draft. This is a joint project with the Uniform Law Commission (ULC) that will now be presented for approval at the ULC Annual Meeting this summer.

Members took a break from the project sessions to hear Council member Kim J. Askew speak during the luncheon honoring the New Life 25-Year and 50-Year Members. The 1997 Class Gift was presented to the Institute.

After lunch, members reconvened for the next session, Torts: Concluding Provisions. Council member Jeffrey S. Sutton joined Reporter Michael D. Green, R. Ammi Cutter Reporter’s Chair Nora Freeman Engstrom, and Associate Reporters Mark A. Hall and Guy Miller Struve to present Tentative Draft No. 1. This was the project’s first time presented to the membership at an Annual Meeting. The draft includes material on Apportionment of Liability for Economic Harm; Wrongful Acts Doctrine; Liability of Medical Professionals and Institutions; Interference with Family Relationships; Immunities; Parental Standard of Care; and Consortium.

Actions Taken*

A motion to amend §§ 4 A-B failed. Membership voted to approve Tentative Draft No. 1.

The next and final project session at this year’s Annual Meeting was also a project presented for the first time, Torts: Remedies. Reporters Douglas Laycock and Richard L. Hasen were joined on the dais by Council member Paul L. Friedman, where Tentative Draft No. 1 was presented to the membership for approval. The draft contains § 1, The Right to a Remedy, and Sections from Topic 1, General Rules for Measuring Compensatory Damages, of Chapter 1 on Compensatory Damages.

Actions Taken*

A motion to amend § 8 failed. A second motion to amend § 8 was withdrawn. Membership voted to approve §§ 1-4, 6-8 of Tentative Draft No. 1. After discussion with the membership, Reporters agreed to present a revised § 5 at a future Meeting.

*All approvals by membership at the Annual Meeting are subject to the discussion at the Meeting and usual editorial prerogative.