At its meeting in Philadelphia on January 18 and 19, the Council reviewed drafts for nine projects.
Consumer Contracts
The Council discussed §§ 1 and 2 of Council Draft No. 4; the Reporters will take the discussion into account when revising the draft. The project will be on the Annual Meeting agenda in 2019.
Copyright
After discussion of the project at the 2018 January Council meeting, the Director agreed to designate a group to consider whether this project should use a format that differs from the typical Restatement format (see posted comment from Professors Balganesh, Dinwoodie, Menell, and Nimmer). The Director has asked the Projects Committee to perform this function.
Government Ethics
The Council approved Council Draft No. 4, containing Chapters 2 and 5, subject to the discussion at the meeting and the usual editorial prerogative. This material will be presented as a Tentative Draft for approval at the 2018 Annual Meeting.
International Commercial Arbitration
The Council approved §§ 1-2 through 1-6 of Chapter 1 and all of Chapter 3 of Council Draft No. 6, subject to the discussion at the meeting and the usual editorial prerogative. This material, making up the final portion of the project, will be presented for approval at the 2018 Annual Meeting; a Proposed Final Draft of the entire Restatement will be presented for approval in 2019.
Liability Insurance
The Council approved Council Draft No. 4, except for §§ 3, 4, and 12, subject to: the discussion of, and conforming changes to be made to §§ 47 and 48; the rest of the discussion; and the usual editorial prerogative. During the discussion, the Council considered a preliminary outline of revisions to §§ 3 and 4 submitted by the Reporters at the meeting, and the Reporters agreed to revise § 12 in a manner consistent with the written comments submitted by Council member Carolyn Kuhl. (Both the outline and the comments are posted on the project page.) The Reporters will revise §§ 3, 4, and 12 in accordance with the discussion and present the revisions to the Council in a draft to be distributed in March. On fee shifting, there was agreement to remove paragraph (4) of § 47 and revise paragraph (3) of § 48.
The material, constituting the entire Restatement, will be presented as a Proposed Final Draft for approval at the 2018 Annual Meeting.
Sexual Assault and Related Offenses
The Council discussed Council Draft No. 7 and the Reporters’ revisions to Sections 213.0 and 213.1 posted prior to the meeting. The Council approved Sections 213.1, 213.2, 213.3(1)(b)-(d) and (2), and 213.9, subject to the discussion at the meeting and the usual editorial prerogative. As planned, no vote was taken on the remaining Sections in the draft (213.0(4), 213.0(6), 213.3(1)(a), 213.6, and 213.8).
As previously announced, because the material is interrelated, no drafts will be submitted at an Annual Meeting until 2019, when all portions of the project have been drafted. The Advisers and Members Consultative Group will meet next on October 12, 2018, in Philadelphia.
Student Sexual Misconduct
The Council approved Chapter 3 of Council Draft No. 1, subject to the discussion at the meeting and the usual editorial prerogative. There was insufficient time to discuss Chapter 4.
Chapter 3, along with Chapters 1 and 2, which were approved by the Council in October 2017, will be presented as a Tentative Draft for approval at the 2018 Annual Meeting.
Torts: Liability for Economic Harm
The Council approved Council Draft No. 4, containing Chapters 4 and 5, subject to the discussion at the meeting and the usual editorial prerogative. This material will be presented for approval at the 2018 Annual Meeting along with Chapter 3, previously approved by the Council. Membership approval of this material would complete the project.
Uniform Commercial Code
The Council approved proposed amendments to Articles 1, 3, and 9, subject to the discussion at the meeting and the usual editorial prerogative. The amendments include a separate draft of revisions to §§ 9-406 and 9-408 on anti-assignment overrides. These revisions are now posted on the project page. The proposed amendments will be presented for approval at the 2018 Annual Meeting.
For more information on these projects, visit the Projects page and The ALI Adviser.