Model Acts

Model Acts

Statutes and court rules drafted by the American Law Institute (ALI), the American Bar Association (ABA), the Commissioners on Uniform Laws, and other organizations. State legislatures may adopt model acts in whole or in part, or they may modify them to fit their needs. Model acts differ from Uniform Acts, which are usually adopted by the states in virtually the same form proposed by the American Law Institute and other organizations.

The ALI was founded in 1923 by a group of American judges, lawyers, and law professors. Its goal was to resolve uncertainty and complexity in American law by promoting clarification and simplicity in the law. Since its founding, the organization has worked with other scholarly organizations to draft model and uniform statutes that may be adopted by the various state legislatures.

One of the most successful of ALI's model acts is the Model Penal Code. First adopted in 1962, it has had a major influence on the way that states draft penal codes. In fact, the majority of states revised their penal codes based upon the provisions of the Model Penal Code. The code attempts to, among other things, create uniformity in such controversial areas as the authority of the courts in sentencing and how to define specific crimes, including criminal Homicide and Kidnapping. In 2002, the ALI announced that it was launching a reexamination and revision of the sentencing provision of the code.

The ABA also approves drafts of model laws and rules. The Model Business Corporation Act (MBCA) is an example of a model act approved by the ABA that was implemented successfully. The MBCA was first adopted in 1950 and revised substantially in 1969, 1971, and 1983. It addresses all aspects of corporate legal structure, from bylaws to shareholder rights to fiduciary responsibilities. At least 18 states have adopted the act in its entirety. Many other states have adopted significant portions of the act.

Other model acts adopted in whole or in part by the states include the Model Rules of Professional Conduct, the Model Probate Code, the Model Class Actions Act, the Model Juvenile Court Act, and the Model Survival and Death Act.

Further readings

Goldstein, Elliott. 1985. "Revision of the Model Business Corporation Act." Texas Law Review 1471.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
The UCC is the model of model acts, having been adopted--in some version--in all 50 states, the District of Columbia, the U.S.
The Voluntary Purchasing Alliance Model Acts (Model numbers 78, 80 and 82)
The model acts as a mobile guitar repair shop, serving the needs of both working musicians and casual players and can service major music markets or locales where guitar players congregate, including major music festivals, concerts, recording studios or even private homes.
The Regulatory Framework Task Force is getting ready to go over drafts of two model acts that are supposed to help states implement the Patient Protection and Affordable Care Act of 2010 (PPACA).
All model acts provide a list of activities that will not, alone, be considered "doing business." If your business qualifies for one of these "safe harbors," then it may not need to qualify.
Romanello said Florida joined the ULC in 1895, and since that time has enacted more than 70 uniform or model acts promulgated by the conference.
Against this backdrop, the chapter compares and contrasts important provisions of the so-called "model acts" promulgated by the NAIC and NCOIL.
This cohort model acts not only as a support system and a networking framework, but also emulates today's working world.
In 2006 alone, the group's executive committee adopted eight model acts, 10 model regulations, three actuarial guidelines, three white papers, one study and two model bulletins.
The National Conference of Insurance Legislators adopted model acts for using consumer credit information in determining personal insurance rates and class action suits against insurers and agents at its recent annual meeting in San Francisco.
The specifics of the simplification proposals have generated controversy, much of it from various private sector interests who believe they are benefited or damaged by components of the model acts and agreements.
Greene said some regulators have admitted that their worries might be "assuaged by amending current NAIC model acts."