Daily Update - Monday, May 22

What Happened Today at the Annual Meeting - Monday Edition

The Annual Meeting opened with the call to order by President Roberta Cooper Ramo. President Designate David F. Levi thanked President Ramo for the passion and time she gave ALI as President. His remarks were followed by a short video honoring her service.

The first project session on the agenda was U.S. Foreign Relations Law – Jurisdiction, Treaties, and Sovereign Immunity. Council member Douglas Laycock joined several of the project Reporters on the dais. Three Drafts were presented during this session. The project was led by Coordinating Reporters Sarah H. Cleveland (also a Reporter on Treaties) and Paul B. Stephan (also a Reporter on Jurisdiction), Jurisdiction Reporters William S. Dodge and Anthea Roberts; Sovereign Immunity Reporters David P. and Ingrid Wuerth; and Treaties Reporters Curtis A. Bradley and Edward T. Swaine.

Actions Taken*
Membership voted to approve all three Tentative Drafts. This membership approval marks the completion of the Jurisdiction, Treaties, and Sovereign Immunity sections of the Restatement of the Law Fourth, The Foreign Relations Law of the United States.

The second project on the agenda was Charitable Nonprofits. Reporter Jill R. Horwitz, Associate Reporter Nancy A. McLaughlin, and Consultant Marion R. Fremont-Smith were joined by ALI President Roberta Cooper Ramo. Tentative Draft No. 2, which includes § 3.05 of Chapter 3 (Changes to Purpose and Organization), § 5.01 of Chapter 5 (Government Regulation of Charities), and Chapter 6 (Standing of Private Parties), was presented.

Actions Taken*
All of the presented sections were approved by membership.  

Just after the lunch break, ABA President Linda Klein talked about what defines today’s lawyers, the importance of a competent and independent judiciary, and the ABA’s commitment to protecting citizens’ access to legal representation. She encouraged the attendees in the room by stating, “Lawyers are, and always will be, what makes democracy the envy of the world.”

The third project on the agenda was Election Administration. Reporter Edward B. Foley and Associate Reporter Steven F. Huefner were joined on the dais by Council member Yvonne Gonzalez Rogers. Tentative Draft No. 2 presents Part II (Model Code for the Resolution of Ballot-Counting Disputes), which includes Subparts A (General Principles) and B (Specific Procedures).

Actions Taken*
Membership voted to approve the draft. Membership approval of Part II marks the completion of this project.

The fourth project on the agenda was International Commercial Arbitration. Reporter George A. Bermann, and Associate Reporters Jack J. Coe Jr., Christopher R. Drahozal and Catherine A. Rogers were joined on the dais by Council member Carolyn B. Lamm. Tentative Draft No. 5 includes Chapter 5, covering Investor-State Arbitration, and Chapter 1 (General Provisions).

Actions Taken*
Membership voted to approve all Sections covered in this draft.

The fifth and final project on Monday’s agenda was Intentional Torts to Persons. Reporter Kenneth W. Simons and Associate Reporter W. Jonathan Cardi were joined on the dais by Council member Diane P. Wood. Tentative Draft No. 2 includes Definitions of Intentional Torts to Persons; Transferred Intent.

Actions Taken

A motion presented on the floor by Guy Miller Struve to strike the knowledge provision in Section 3(b)(i), passed after a counted vote of the membership. After the Reporters agreed to a friendly amendment, submitted in a motion by Richard W. Wright to add the words “sole or principal” before “purpose” in Section 3(b)(ii), a second motion by Guy Miller Struve to strike the purpose standard in Section 3(b)(ii) was defeated. Due to a lack of time, the remaining Sections were not discussed.

*All approvals by membership at the Annual Meeting are subject to the discussion at the Meeting and usual editorial prerogative.