Actions Taken at the 92nd Annual Meeting

Monday, May 19

Restatement of the Law Fourth, The Foreign Relations Law of the United States, Sovereign Immunity and Treaties.

Foreign Relations

Sovereign Immunity, Tentative Draft No. 1, Chapter 5, §§ 451, 453, 458, and 460 (Immunity of States from Jurisdiction) was presented for approval.  Treaties, Discussion Draft, Chapter 2, §§ 101-106 (Status of Treaties in United States Law) was introduced for discussion only. After the Reporters fielded comments on the various Sections for approval, the membership voted to approve Sovereign Immunity, Chapter 5, §§ 451, 453, 458, and 460 subject to the discussion at the Annual Meeting and to the usual editorial prerogative.  As expected, no vote was taken on Treaties.

Restatement of the Law, The U.S. Law of International Commercial Arbitration.

Commercial Arbit

Presented for membership approval was Tentative Draft No. 4, which includes Chapter 1, General Provisions (§§ 1-1(r) and  1-1(ff))  and Chapter 2, Enforcement of the Arbitration Agreement.  The Reporters received comments from the membership, and subject to the discussion at the Meeting and to the usual editorial prerogative, the membership voted to approve all Sections presented.


Tuesday, May 20

Model Penal Code: Sexual Assault and Related Offenses.

web-Sexual-Assault

On the agenda was Discussion Draft No. 2, which included the following Sections of the draft:

  • Substantive Material – I. Proposed Sections 213.0 to 213.11; II. General Commentary; III. Statutory Commentary (Sections 213.0-213.9)
  • Evidentiary Material: I. Proposed Section 213.10; II. Commentary.

The membership discussed and debated the Sections, including the topics of sexual contact, force and consent, and offenses where the victim is intoxicated. The Reporters fielded numerous questions and comments, but, as expected, no vote was taken on the draft.

Principles of the Law, Government Ethics.

web-ethics

On the agenda for approval was Tentative Draft No. 1, Chapter 4, The Election-Related Activities of Public Servants. The membership discussed the Principles’ defined limits on the ability of government officers and employees to use public resources for their personal or partisan benefit in elections.  The membership voted to approve the Chapter subject to the discussion at the Meeting, which included a suggestion that the Reporters give due consideration to the issue of the off-duty activities of public employees, and to the usual editorial prerogative.

Restatement of the Law, The Law of American Indians.

 

The Reporters presented Tentative Draft No. 1, Chapter 1, Federal–Tribal Relations. The membership had the opportunity to comment on all 10 Sections of Chapter 1, including General Terms, Federal–Tribal Relationship, American Indian Treaty Law, Federal Legislation, and Breach-of-Trust Claims.  Subject to the discussion at the Meeting and to the usual editorial prerogative, the membership voted to approve §§ 1-9 of the draft.


Wednesday, May 20

Restatement of the Law, Liability Insurance.

web-liability

Professor Baker presented Chapter 1, Basic Liability Insurance Contract Rules, and Chapter 2, Management of Potentially Insured Liability Claims, for discussion only by the membership. Members commented on many areas of the draft, including the change from a Principles project to a Restatement project, the definitions Section, the topics of waiver and estoppel, and the duty to defend. As expected, no vote was taken on the draft.

Restatement of the Law Third, Torts: Intentional Torts to Persons.

torts

The Reporters presented for approval Chapter 1, Definitions of Intentional Torts to Persons; Transferred Intent (§§ 101-105 and 110). For discussion only were Chapter 1 § 101(d), and Comments f, g; § 104(b), and Comment d; and § 105(c), and Comment j. Professor Simons addressed the motions by Professor Richard W. Wright, and on membership vote the motions were defeated. A motion by Guy Miller Struve to amend § 103 by striking the language in subsection (b), defining a contact as offensive by the standards of someone with an “unusually sensitive sense of personal dignity,” initially received a tied vote from members on the ballroom floor. With the addition of votes from the Reporters, the motion was defeated.

After all motions were addressed, the members voted to approve the draft, subject to the discussion at the Meeting and to the usual editorial prerogative.

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