Daily Update - Tuesday, May 17

The first project on today’s agenda was Model Penal Code: Sexual Assault and Related Offenses. Reporters Stephen J. Schulhofer and Erin E. Murphy were joined on the dais by Council member Lee Rosenthal, who chaired the session.  The draft presented included Sections 213.0(3) and 213.2.

Actions Taken
After an extensive discussion, membership approved an amended version of Subsection 213.0(3) (definition of consent), presented by motion. There was insufficient time to discuss Section 213.2.

The Model Penal Code project took a brief break as ALI welcomed retired U.S. Supreme Court Associate Justice John Paul Stevens, who was joined in a spirited conversation with his former clerk, Council member Carol F. Lee. They reminisced about his time on the bench, and discussed the evolution of the Supreme Court, as well as life after the Court.

Many members attended the Members Luncheon Honoring New Life Members (Class of 1991) and New 50-Year Members (Class of 1966). The class gift was presented to ALI by the 1991 Life Member Class Gift Committee: Linda Sheryl Green, Michael Alexander Kahn, John J. "Mike" McKetta III, and Henrietta Wright. Committee Co-chair Donald B. Ayer was unable to attend the class gift presentation. Speaker Larry Kramer, president of The William and Flora Hewlett Foundation and former dean of Stanford Law School, highlighted present and past congressional obstacles and discussed potential solutions to these ongoing issues.

The membership returned from lunch to help pay tribute to Patricia M. Wald, as she received the Henry J. Friendly Medal.  Judge Harry T. Edwards presented the award to Judge Wald, who spoke about her time as a law clerk, an advocate, and later a judge. She also shared her memories of Judge Friendly, speaking of her admiration for the Judge and his memorable stories. 

The final project on today’s agenda was Restatement of the Law, Charitable Nonprofit Organizations. President Ramo moderated as Reporters Marion R. Fremont-Smith and Jill R. Horwitz presented Chapter 1, Definition, Choice of Form, and Autonomy (Sections 1.01-1.03); Chapter 2, Governance; and Chapter 3, Changes to Purpose and Organization (Sections 3.01-3.04, 3.06).

Actions Taken
The membership discussed the draft and approved all sections subject to the discussion at the Meeting and to the usual editorial prerogative.