Actions Taken on 1998 Annual Meeting Drafts

Pending availability of the transcript of the 1998 ALI Annual Meeting, the following is offered as a brief guide to the actions there taken with respect to the drafts submitted. Additional information will appear in the Summer and Fall issues of The ALI Reporter and will be posted in due course.

Law Governing Lawyers

Subject to the discussion at the meeting and to a special procedure whereby an ad hoc committee and the Members Consultative Group will make certain the changes required are adequately reflected in the final version, the Institute completed its review of this project by approving §§ 161-164 of Chapter 6 and all of Chapter 7 from Tentative Draft No. 8, as well as the entire Proposed Final Draft No. 2, of Restatement Third, The Law Governing Lawyers. The final, official text for the entire Restatement is expected to be published in 1999.

The presubmitted motions regarding Law Governing Lawyers are found at http://www.ali.org/ali/motions.htm. Lawrence J. Fox’s motion to amend § 161 was defeated, but his motions to amend § 215(2)(a) and § 215, Comment b were adopted. It was eventually determined that the new version of § 215(2)(a) should retain the Reporters’ formulation but add the requirement that "the direction does not interfere with the independent professional judgment of the lawyer." Lawrence J. Latto’s motion to amend and restructure Chapter 4 of the Restatement was agreed to by the Reporters without a vote. William Knight Zewadski’s motion to remand § 209 to the Reporters to include a statement of conflicts of law as applicable in bankruptcy cases was defeated.

In addition, a motion submitted at the Meeting to add the words "the terms of the division" after "fact of division" in the second line of § 59(2) was adopted by a vote of 146-101. In connection with § 75, Comment d, the Institute adopted Option A, the option preferred by the Council. It provides that "a convicted defendant seeking damages for malpractice causing a conviction must have had the conviction set aside, when process for that relief on the grounds asserted in the malpractice action is available."

Property (Wills and Other Donative Transfers)

Subject to the discussion, Tentative Draft No. 2 of Restatement Third, Property (Wills and Other Donative Transfers), was approved. The final, official text of the material contained in this draft, which consists of Division I of this Restatement, is expected to be published in a single volume later this year or early in 1999.

Property (Servitudes)

Subject to the discussion, Tentative Draft No. 7 of Restatement Third, Property (Servitudes), as well as the remainder of the Restatement, which had been reviewed in previous years, was approved for final publication within the following year.

George W. Liebmann’s presubmitted amendments to §§ 6.7, 6.10, and 6.13, found at http://www.ali.org/ali/motions.htm, were rejected.

Torts: Apportionment of Liability

The Proposed Final Draft of Restatement Third, Torts: Apportionment of Liability was discussed, but there was insufficient time to complete review of the draft. There was no opportunity to consider the presubmitted motions by Jerry R. Palmer, Lois J. Schiffer, and Larry S. Stewart, found at http://www.ali.org/ali/motions.htm. No actions were taken with respect to the draft and, subject to possible revision by the Reporters, it will be resubmitted at the 1999 Annual Meeting.

Uniform Commercial Code, Revised Article 9 (Secured Transactions)

The Proposed Final Draft of Uniform Commercial Code, Revised Article 9 (Secured Transactions) was approved, subject to the discussion and to review of subsequent changes by the project’s special ad hoc committee. The draft, as revised, will be submitted for approval later this year by the National Conference of Commissioners on Uniform State Laws and the American Bar Association.

Transnational Insolvency Project: International Statement of Mexican Bankruptcy Law

Subject to the discussion, the Institute approved the Tentative Draft of the International Statement of Mexican Bankruptcy Law.

Principles of the Law of Family Dissolution: Analysis and Recommendations

Subject to the discussion, the Institute approved both Parts of Tentative Draft No. 3 of Principles of the Law of Family Dissolution: Analysis and Recommendations.

Federal Judicial Code Revision Project

Subject to the discussion, the Institute approved Tentative Draft No. 2 of the Federal Judicial Code Revision Project.

Uniform Commercial Code, Article 2B (Licenses)

The Institute extensively discussed the Tentative Draft of Uniform Commercial Code, Article 2B (Licenses). Several sense-of-the-house motions were voted upon, but, as planned, no vote was taken on the draft as a whole.

Regarding the presubmitted motions found at http://www.ali.org/ali/motions.htm, the house favored the motion by Jean Braucher and Peter Linzer regarding the assent provisions, Stephen Y. Chow first revised and then withdrew his motion regarding scope, Charles McManis’s motion concerning mass-market licenses was rejected, and the house appeared to be equally divided over William J. Woodward, Jr.’s motion to delete § 2B-107(a) but no actual count was taken. There was insufficient time to consider Professor Woodward’s motion to delete § 2B-108.

For further information, contact Todd Feldman, Assistant Editor, at 1-800-253-6397 ext. 1682.