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SPRING BRINGS LAWYERS TO WASHINGTON civilian life and to provide lifelong care for service-connected wounds. Most veterans make these transitions and are natural leaders in their communities. However, relatively simple setbacks can start cycles of unemployment, declining health, poverty, and homelessness. D A N T R AY N O R ABA Delegate Lawyers from around the country gathered in Washington, D.C., for ABA Days and the 94th Annual Meeting of the American Law Institute. The ABA gathered at the end of April to lobby Congress on issues important to lawyers. The Annual American Law Institute (ALI) meeting continued its work on several important substantive topics that may be of interest to North Dakota lawyers. Legal Services for the Poor at Risk with a Tight Federal Budget The ABA urged Congress to continue funding for access to justice programs and support for homeless veterans. Legal aid is a familiar topic for ABA Days, which started in the 1980s to save funding for the Legal Services Corporation (LSC). The Trump Administration’s first crack at a budget proposed to eliminate funding for LSC. For decades the ABA has been defending LSC as part of the core American value of equal justice under law. The ABA describes LSC as the central foundation for the legal aid system, providing access to justice for vulnerable Americans. The ABA also pushed for resources to aid homeless veterans. Many federal and state government programs operate to help veterans make successful transitions to ABA President Linda Klein expressed sup port for The Homeless Veterans Legal Services Act to authorize the Department of Veterans Affairs to enter into partnerships to deliver legal services to homeless veterans. As always, North Dakota’s congressional delegation was very generous with their time and interest in issues of equal justice for all. The SBAND delegation met with Senators John Hoeven, and Heidi Heitkamp and staff from Congressman Kevin Cramer’s office to discuss issues of interest to North Dakota lawyers. ALI Members Discuss Intentional Torts, Liability Insurance, and Sexual Crimes The ALI will gather at the end of May in Washington for the 94th Annual Meeting. Several North Dakota lawyers, judges, and law professors are members of the ALI. The ALI’s ongoing rewrite of the Restatement Second of Torts includes significant revisions to substantive topics of offensive battery and false imprisonment. The offensive battery revision includes a more complete explanation of the rationale for extending liability where a known extra-sensitivity is present and the contact is highly offensive. This proposal has brought opposition from scholars who suggest the revisions are too innovative and argue it is not enough to simply say, without explanation, that this is what courts seem to be doing. The revision relating to false imprisonment seeks to clarify what constitutes confinement. The bad actor need not create the area of confinement. The draft Restatement notes it is sufficient that the actor precludes the plaintiff ’s exit from a limited or circumscribed area, even if nature or another person created those limits. A proposed final draft of the Restatement of the Law Liability Insurance includes chapters relating to basic liability insurance contract rules, management of liability claims, risks insured, enforceability, and remedies. Larry Boschee from Bismarck and Joe Wetch from Fargo have also been monitoring the liability insurance project. With the detachment of sex from matrimony and pregnancy, society demands the law define the line between what’s consensual and what isn’t. Last year’s meeting produced a proposal from the floor to interpret consent to include “knowingly or recklessly” engage in sexual contact without consent. In some respects, the Restatement’s consent requirement could be described as codifying “yes means yes.” It is expected Model Penal Code (MPC) revisions to Sexual Assault and Related Offenses will again bring the most interesting discussion at the ALI meeting. Although the MPC revisions are in a tentative draft, they include grading recommendations for Forcible Rape and Oral Sex without Consent. The ALI Annual Meeting will also discuss projects relating to Charitable Nonprofit Organizations, The Foreign Relations Law, International Commercial Arbitration, Policing and Sentencing. A complete list of the ALI’s current projects is available on the ALI’s website, www.ali.org. SPRING 2017 25