At its meetings on October 13 and October 22-23, 2020, the Council reviewed and discussed Council Drafts of seven projects and approved drafts and portions of drafts as listed below.*

Children and the Law
Council approved Council Draft No. 6, containing §1.60 from Chapter 1, Parental Authority and Responsibilities; § 2.60 from Chapter 2, State Intervention for Abuse and Neglect; §§ 9.10 and 9.20 from Chapter 9, Religion in Public Schools; §§ 12.10 and 12.11 from Chapter 12, Pre-Adjudication; and §§ 14.20 and 14.21 from Chapter 14, Delinquency Dispositions.

Compliance, Risk Management, and Enforcement
The Council approved §§ 6.01-6.20 of Chapter 6 of Council Draft No. 4, which included principles common to enforcement by criminal prosecutors and civil enforcement officials, as well as criminal enforcement policy for
misconduct by organizations. The approval excludes new material on joint defense agreements to be drafted by the Reporters in accordance with the discussion at the meeting and included in the next Council Draft.

The Council also discussed Chapter 4, Compliance Risk Management, but no vote was taken. The Reporters will revise the Chapter in accordance with the discussion for the Council’s consideration in January 2021.

Conflict of Laws
The Council discussed §§ 6.01, 6.05, and 6.10 of Council Draft No. 4, which contained Topic 1, General Rules, of Chapter 6 on Torts, but no approval vote was taken. Working with a small group of Council members, the Reporters will explore (i) reformulating the system set out in the black letter using a general rule of place of conduct with exceptions for common domicile and split domicile, and (ii) moving the description of the distinction between conduct-regulating issues (territorial connecting factors) and loss-regulating issues (personal connecting factors) to the commentary.

Government Ethics
The Council approved Council Draft No. 6 containing §§ 501(d), 514, and 515 from Chapter 5, Revolving-Door Restrictions, and all of Chapter 6, Disclosure, subject to review of a revised draft of Chapter 6 by a small group of Council members.

Property
The Council approved Council Draft No. 3, which contained Chapters 1-5 of Division One, The Estate System, of Volume 4 (Divided and Shared Ownership), and Chapters 4-7 of Division One, Zoning, of Volume 7 (Land Use).

Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities
The Council approved §§ 6.8-6.10 of Chapter 6, Formal Resolution of Sexual-Misconduct Complaints, of Council Draft No. 4. The Council also discussed but did not vote on whether to approve § 6.7, which the Reporters will revise in accordance with the discussion. There was insufficient time to discuss the remainder of the draft.

Torts: Concluding Provisions
The Council approved §§ 1-3 of Chapter 11, Liability of Medical Professionals and Institutions, in Council Draft No. 1, excluding Illustrations 5-8 in § 2. The Reporters may revise the excluded Illustrations in a future draft. There was insufficient time to discuss the remainder of the Council Draft.

* All 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. 

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Pauline Toboulidis

The American Law Institute

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