The American Law Institute

Dedicated to Clarifying and Improving the Law


Upcoming Meetings

September 2015

Tentative Calendar

Fall 2015 – Winter/Spring 2016

Tentative dates and locations have been selected for many of the project meetings this fall and next spring, as well as dates for Council and Annual Meetings through 2018.

This schedule may change, so please do not make travel arrangements until you receive an email notice that the meeting registration is open.

Review the Tentative Meetings Calendar.

In the Spotlight

The American Law Institute Announces
Three New Projects

FEB 17, 2015 - The American Law Institute announced the launches of three new projects: Principles of the Law, Police Investigations; Restatement of the Law, Children and the Law; and Project on Sexual and Gender-Based Misconduct on Campus: Procedural Frameworks and Analysis;.

“We work diligently on each project to ensure consideration of diverse viewpoints and an unbiased examination of the law,” explained ALI Director Richard L. Revesz. “Our project participants include advisers, academics, judges, and other practitioners who are leaders in the fields we are examining, as well as ALI members who bring expertise from other fields. ALI’s thorough method of research and interpretation allows us to produce Restatements, Principles, and Model Codes that are influential and trusted sources.”

Details of the new projects can be found in the press releases that announced each project:

Four New Projects Will Launch in 2015

NOV. 17, 2014 - The American Law Institute will begin four new projects in 2015. Three of the new projects will be Restatements of the Law and the fourth a Principles of the Law publication. They are: Restatement of the Law, Copyright; Restatement of the Law Third, Conflict of Laws; Restatement of the Law Fourth, Property; and Principles of the Law, Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations.

“I am thrilled that the Institute will be tackling these important issues,” said ALI Director Richard Revesz. “When we are considering projects, we look for areas of law where ALI can provide the most benefit to judges, lawmakers, and practitioners. The Institute has previously done groundbreaking work with earlier Restatements of Conflict of Laws and Property, and we believe that the time is right to reexamine these areas. Copyright and Corporate Compliance are new projects for ALI, but they are two areas that are of vital importance in our country.”

To read the full press release, please click here.

High Court Cites Restatements of Contracts, Torts and Judgments in Trademark and Securities Cases

In a pair of opinions handed down on March 24, the U.S. Supreme Court relied on ALI Restatements of the Law for guidance in deciding some of the central questions in the cases.

In B&B Hardware, Inc. v. Hargis Industries, Inc., the justices tackled a trademark dispute that turned on whether a decision by the Trademark Trial and Appeal Board should have preclusive effect. Writing for the majority, Justice Samuel A. Alito, Jr., cited the Restatement Second of Judgments throughout the opinion. “Although the idea of issue preclusion is straightforward,” Justice Alito wrote, “it can be challenging to implement. The Court, therefore, regularly turns to the Restatement (Second) of Judgments for a statement of the ordinary elements of issue preclusion.”

In Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, the Court reviewed a securities fraud claim and took up the question of whether a statement of opinion may be treated as “an untrue statement of … fact” if it is ultimately proven to be incorrect. Writing for the majority, Justice Elena Kagan turned to the Restatements of Contracts on the issue of when an opinion itself constitutes a factual misstatement. She also cited the Restatement of Torts in deciding the related question of “when an opinion may be rendered misleading by the omission of discrete factual representations.”

Need an Ethics Credit?

As a benefit of membership, ALI members enjoy free access to a database of professional-development content—and free CLE credits—through the American Law Institute's Continuing Legal Education group (ALI CLE). Included are on-demand video programs, audio/MP3 downloads, and online course materials. To access the database, log in and select "ALI CLE" on the left side menu.

Ronald L. Olson Receives Shattuck-Price Outstanding Lawyer Award

The Los Angeles County Bar Association (LACBA) will present one of its highest honors — the Shattuck-Price Outstanding Lawyer Award — to ALI member Ronald L. Olson for “his extraordinary career of serving clients of national and global importance, while improving and developing alternative methods to achieve resolutions in our justice system and increasing access to justice.” Mr. Olson served as an Adviser on ALI’s Federal Judicial Code project, and is a co-chair of the 1990 Life Member Class.

Mr. Olson is a name partner of Munger, Tolles & Olson, where his practice includes both litigation and corporate counseling, for large, international companies. In addition to his law practice, Mr. Olson is a director of Berkshire Hathaway, Edison International, City National Corporation, Graham Holdings Company, and Western Asset Trusts. He serves as a director of several non-profits, including the RAND Corporation (formerly chair), the Mayo Clinic, and the California Institute of Technology.

Of the award, Mr. Olson told LACBA, “I am deeply appreciative of this recognition from my home bar association and its many members with whom I have shared my professional life. I am humbled by the prior recipients of the Shattuck-Price Award, several of whom were my mentors.”

Read the press release issued by LACBA, which includes details of Mr. Olson’s extraordinary career.

ALI President Roberta Cooper Ramo to Receive
the ABA Medal

The American Bar Association announced today that it will award the ABA Medal to ALI President Roberta Cooper Ramo at the ABA Annual Meeting in Chicago on August 1, 2015. The ABA Medal is the Association’s highest award and is given only in years when the ABA Board of Governors determines a nominee has provided exceptional and distinguished service to the law and the legal profession.

President Ramo is not only the first woman to serve as president of ALI, but was also the first woman to serve as ABA President in 1995. She is the only person to have led both organizations. In addition, she was elected in 2011 to the American Academy of Arts and Sciences, is a member of the American College of Trust and Estate Council, and has been awarded six honorary degrees. President Ramo is also currently a shareholder at Modrall Sperling, where she concentrates her practice in the areas of mediation, arbitration, business law, real estate, probate, and estate planning.

Among previous recipients of the ABA medal are U.S. Supreme Court Justices Oliver Wendell Holmes, Felix Frankfurter, Thurgood Marshall, William J. Brennan, Jr., and Sandra Day O’Connor. Other recipients include former Secretary of State Hillary Rodham Clinton and co-chair of the Bill and Melinda Gates Foundation, William H. Gates, Sr.

Read the full release by the ABA, including a full account of President Ramo’s illustrious legal career.

William Hubbard Named Honorary Bencher of the Middle Temple in London

ALI Council member and American Bar Association President William C. Hubbard has been appointed to the Bench as a Master of the Honourable Society of the Middle Temple in London. In addition to his roles at ALI and the ABA, Mr. Hubbard is a partner at Nelson Mullins Riley & Scarborough.

The Middle Temple is one of the four Inns of Court in London exclusively entitled to call their student members to the English Bar as barristers. The Inn is governed by its Masters (also known as Benchers), who are elected from senior members of the bar and judiciary. Of the Inn’s roughly 600 Benchers, the majority are Queen's Counsel, senior barristers appointed by the Crown for their eminence as advocates.

“It is a distinct privilege and a highlight of my professional career to be honored by Middle Temple,” Hubbard told the ABA. “I have always had great admiration for the Inn and the work it does. I am profoundly grateful to my fellow Benchers for doing me this honor.”

Alfred Mathewson Named Co-Dean of The University of New Mexico School of Law

Effective Aug. 1, ALI member Alfred Mathewson will be named co-dean of The University of New Mexico School of Law with Professor Sergio Pareja. The two will replace David Herring, who announced in May that he would step down after serving as dean for two years to return to teaching.

Professor Mathewson has served on the faculty since 1983 and was associate dean for academics between 1997 and 2002. He teaches antitrust law, business planning, sports law, minority business enterprises and corporate governance. Elected to the ALI in 2005, he serves on the Members Consultative Groups for a few of the Institute’s projects.

“This is a critical point in the law school’s history and I am pleased to have the opportunity to serve with my colleague and friend, Professor Pareja,” Professor Mathewson said. “We have forged a strong working relationship over the years; we complement each other well and will make a great team.”

ALI Council Member Daniel Meltzer, Harvard Law Prof and Former White House Lawyer, Dies at 63

Daniel J. Meltzer, a Harvard law professor who held leadership positions with The American Law Institute and spent two years in the White House as a close legal advisor to President Obama, died on May 24 after a long battle with cancer. He was 63.

Professor Meltzer is remembered for his superb intellect and wise counsel, for the rigor and integrity of his legal analysis, and for his generosity of spirit, constant kindness, and an unflagging commitment to public service. Read more.

Read the tribute by Harvard Law School.

Read the tribute by The Boston Globe.

The Boston Globe also published an announcement about a June 17 memorial for Professor Meltzer at Harvard Law School.

In lieu of flowers, contributions in Dan's memory may be made to the Dana Farber Cancer Institute, 10 Brookline Place West, Brookline, MA 02445, with a designation for use for pancreatic cancer research.

Berkeley Law Profiles ALI Reporters

The ALI projects on Copyright and Data Privacy are highlighted in an article about two professors at UC Berkeley Law who serve as Reporters on the projects. Read about Molly Van Houweling, Associate Reporter on Restatement of the Law, Copyright, and Paul Schwartz, Reporter on Principles of the Law, Data Privacy, in the latest issue of Transcript, the quarterly magazine of the Berkeley Center for Law & Technology.

Justices Cite Restatements of Foreign Relations
Law In Battle Between Congress and
President Over Jerusalem

When the U.S. Supreme Court ruled in an important separation-of-powers case involving the status of Jerusalem, both the majority and a dissent cited ALI’s Restatement of the Foreign Relations Law of the United States.

At issue in Zivotofsky v. Kerry was whether Congress had the power to direct the Secretary of State to record the birthplace of an American citizen born in Jerusalem as "Israel" on U.S. passports. The executive branch argued the law was unconstitutional.

The majority sided with the executive branch. Justice Anthony Kennedy said in his June 8 decision that the Constitution confers exclusive authority on the president to recognize foreign governments. His opinion quoted the Restatement of Foreign Relations Law 3d §§ 203 and 204.

In dissent, Justice Antonin Scalia said he would uphold the law because the founders gave Congress the power to contradict the executive branch on matters of foreign relations. He cited the Restatement of Foreign Relations Law 2d § 104. Read the case.

Margaret Love Publishes Paper on Sentencing in Wisconsin Law Review

A new paper by Margaret Love, Adviser on the Model Penal Code: Sentencing project, details how the project manages collateral consequences by integrating them into the sentencing process.  The article compares the new Model Penal Code provisions with the collateral consequences provisions of the original 1962 Code.  She writes that the Sentencing project “integrates collateral consequences into a sentencing system that gives the court rather than the legislature responsibility for shaping and managing criminal punishment in particular cases.  Just as the court decides what sentence it will impose within a statutory range, the court also decides which mandatory collateral penalties will apply and for how long.”

Read the full paper in the Wisconsin Law Review

Two ALI Members Named to Deanship at
Law Schools on East and West Coasts

Two new deans soon to take the helms at the University of North Carolina at Chapel Hill School of Law and the UCLA School of Law are both elected members of The American Law Institute.

Martin H. Brinkley, who will be UNC’s 14th law dean, is currently a partner at Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan in Raleigh, NC. He was elected to ALI in 2004. Read more at UNC’s website.

Jennifer Mnookin, now the David G. Price and Dallas P. Price Professor of Law, on Aug. 1 will become UCLA’s ninth law dean. A nationally renowned evidence law scholar, she was elected to ALI in 2011. Read more at UCLA’s website.

In Facebook Threats Case, Justices Cite
Model Penal Code

The Model Penal Code was cited several times by the U.S. Supreme Court in a closely watched case involving alleged threats made on Facebook. In the June 1 decision in Elonis v. United States, the Court overturned a Pennsylvania man’s conviction for violating a federal statute that prohibits the interstate transmission of threats to injure.

Chief Justice John G. Roberts, Jr., writing for a 7-2 Court, faulted instructions to the jury that allowed a conviction on the basis of how the Facebook posts would be viewed by a "reasonable person" rather than requiring proof that Anthony Elonis intended to make a threat. He cited Model Penal Code §2.02(2)(d) in noting that criminal negligence standards often incorporate "the circumstances known" to a defendant.

In a concurring and dissenting opinion, Justice Samuel Alito cited the same MPC section in arguing that proof of recklessness was enough to uphold the conviction because “negligence requires only that the defendant ‘should [have] be[en] aware of a substantial and unjustifiable risk,' …while recklessness exists ‘when a person disregards a risk of harm of which he is aware.’” Read the case.

Audience of Judges Learns About ALI’s Restatement of the Law Liability Insurance

For nearly four decades, the Law & Economics Center at George Mason University School of Law has focused on educating judges in order to maintain a knowledgeable and well-educated judiciary.

This year, at the Ninth Annual Judicial Symposium on Civil Justice Issues, a 90-minute session was devoted to Updates on the Restatement of Liability Insurance Law with a panel that included four ALI members. The panelists were: ALI Council member Kenneth Abraham of University of Virginia School of Law; John Buchanan of Covington & Burling; Judge William F. Highberger of the Los Angeles County Superior Court; and Jack B. Jacobs of Sidley Austin, along with Laura A. Foggan of Wiley Rein who has served on the ALI project as the Liaison for the American Insurance Association.

Over the course of the three-day symposium (May 31-June 2), five other ALI members served as panelists in other sessions: ALI Council member John H. Beisner of Skadden, Arps, Slate, Meagher & Flom; Mark A. Behrens of Shook, Hardy & Bacon; Richard O. Faulk of Hollingsworth LLP who recently joined the Law & Economics Center as Senior Director of the Initiative for Energy and the Environment; and Robert S. Peck of the Center for Constitutional Litigation.

Holding That ‘Belief in Invalidity’ Is No Defense, Justices Cite Restatement of Torts 2d in Patent Case

The U.S. Supreme Court cited two sections of Restatement of the Law Second, Torts, in a May 26 opinion concerning a wireless-network manufacturer’s alleged acts of induced patent infringement.

In Commil USA, LLC v. Cisco Systems, Inc., Justice Kennedy, writing for the majority, vacated a decision of the U.S. Court of Appeals for the Federal Circuit and remanded for further proceedings consistent with the holding that “belief in invalidity is not a defense to a claim of induced infringement.”

In concluding that “belief in invalidity will not negate the scienter required” to make out a case for induced infringement under 35 U.S.C. § 271(b), the court pointed to other examples in which “‘I thought it was legal’ is no defense,” including in the context of tortious interference with contract, as set out in Torts 2d § 766, Comment i, and in the context of trespass, as set out in Torts 2d § 164 and Comment e to that section.

New Novel from Conflict of Laws Reporter
Kermit Roosevelt

Kermit Roosevelt, Professor of Law at the University of Pennsylvania Law School, ALI member, and Reporter on the new Restatement of the Law Third, Conflict of Laws project has published a novel. His novel, Allegiance, will be available in June from Simon & Schuster. Set during World War II, it’s a legal thriller involving a U.S. Supreme Court clerk and the debate around the internment of thousands of Japanese-Americans in prison camps. One reviewer notes that the book is “an ingenious blend of history and imagination.” In addition to various scholarly works, Professor Roosevelt published another novel in 2005, In the Shadow of the Law.

Steven Weise Interviewed in ABA
Business Law Today

ALI Council member Steven O. Weise, partner in the corporate department at Proskauer Rose LLP, was interviewed in the American Bar Association’s May 2015 Member Spotlight in Business Law Today. With one of his areas of expertise focusing on the Uniform Commercial Code, Mr. Weise speaks about the kind of work he does on the UCC Permanent Editorial Board for the Uniform Commercial Code, along with his other career experience and accomplishments.

Read the full interview here.

Catherine Struve receives the Harvey Levin Memorial Award for Teaching Excellence

By democratic vote, the Penn Law 2015 graduating class selected ALI Council member Catherine Struve, Professor of Law, to receive the Harvey Levin Memorial Award for Teaching Excellence. Professor Struve joined the Law School in 2005 and teaches and researches in the fields of civil procedure and federal courts. She also serves as an Adviser on the ALI Restatement of the Law, The Law of American Indians project.

“Professor Struve is a wonderful discussion facilitator. Because of the small class size, we were often able to discuss interesting topics that were not part of the core material to be covered — but Professor Struve also made sure not to compromise any of the core material either,” said one of her students.

This is her third time receiving the Harvey Levin Award, having also received the award in 2003 and 2009.

Matthew Fletcher Presents Indian Law Restatement

Matthew Fletcher, Reporter on the Restatement of the Law, The Law of American Indians, and Professor of Law at Michigan State University College of Law, recently presented on the Restatement and why it matters to everyday practitioners, at the Spokane County Bar Association’s Sixth Annual Indian Law Conference. The first chapter of the Restatement was presented to the membership for approval on May 19. Sections one through nine of the Restatement were approved. The sections include topics focusing on Indian tribes, federal-tribal relationship, American-Indian Treaty Law, federal legislation, and breach of trust claims.

U.S. Supreme Court Quotes Restatement Third of Trusts in ERISA Case

The U.S. Supreme Court quoted § 90 of Restatement of the Law Third, Trusts, in supporting its unanimous May 18 decision to reverse and remand a Ninth Circuit opinion that rejected certain ERISA breach-of-fiduciary-duty claims on grounds of untimeliness.

In Tibble et al. v. Edison International et al., Justice Stephen Breyer wrote for the Court that the Ninth Circuit had erred in applying a statutory bar to the claims “without considering the role of the fiduciary’s duty of prudence under trust law.”

The Court quoted § 90 and other treatises that addressed fiduciary duties under the common law of trusts, and remanded for the Ninth Circuit to consider the claims “recognizing the importance of analogous trust law.”

ALI Speaker Senator Mitchell Publishes Memoir

On May 5, former U.S. Senator George Mitchell’s memoir was published by Simon & Schuster. The memoir reflects on various stories and behind-the-scenes conversations on running a Senate leadership race and includes stories about life in the Senate and as majority leader. Senator Mitchell will be a guest speaker at ALI’s 92nd Annual Dinner held on Tuesday, May 19, along with fellow former U.S. Senator from Maine Olympia Snowe. Read more about Senator Mitchell’s memoir in Roll Call.

Senator Snowe also authored a book about her experience in the Senate.  “Fighting for Common Ground: How We Can Fix the Stalemate in Congress,” was published in May 2013.

John Beisner Testifies in Congress in Favor of Fairness in Class Action Litigation Act of 2015

John H. Beisner, a partner at Skadden, Arps, Slate, Meagher & Flom and a member of the ALI Council, testified recently in support of the Fairness in Class Action Litigation Act of 2015 before the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice.

In testimony delivered on behalf of the U.S. Chamber of Commerce and its Institute for Legal Reform, Mr. Beisner described a "continuing problem" in class action litigation. Some judges, he said, are certifying overbroad or no-injury classes, resulting in a "chain reaction of problems."

"In some courts," Mr. Beisner said, "the law has developed to the point where one disgruntled customer—or, more likely, one enterprising plaintiff’s lawyer—can distort the value of an idiosyncratic product defect by a multiple of many thousands, even though few others have had the same problem with that product."

Visit the subcommittee's website to read his testimony or watch the hearing. Mr. Beisner’s testimony begins at 22:56.

WilmerHale’s William Perlstein To Join BNY Mellon as Senior Deputy General Counsel

ALI member William J. Perlstein is leaving WilmerHale to join BNY Mellon as Senior Deputy General Counsel. Effective June 15, he will lead the bank’s Legal Department practice groups focused on government affairs, public policy, and regulatory affairs, and the corporate services legal functions supporting M&A, IT, real estate, procurement and sourcing support, and cyber security.

Mr. Perlstein was elected to the ALI in 1994. A former co-managing partner of WilmerHale, he spent nearly 40 years of his career at the firm. He led the pre-merger law firm of Wilmer, Cutler & Pickering for six years prior to its 2004 merger with Hale and Dorr, and following the merger served as the co-managing partner of the combined firm until 2012. He then resumed an active practice as part of the firm's Bankruptcy and Financial Restructuring Group and as a member of the Regulatory and Government Affairs and Strategic Response practice groups. Read more at MarketWatch.

Three ALI Members Honored for ‘Exceptional Work’
at NYU School of Law Alumni Awards

Three ALI members have been honored with NYU School of Law alumni awards at Reunion 2015 for their work at the Law School and beyond.

ALI Council member Evan Chesler, the chairman of Cravath, Swaine & Moore and an NYU Law Trustee, was awarded the Alumni Achievement Award for his significant achievements and commitment to the continued development of the Law School. NYU Law Professor Troy McKenzie, (currently on leave after joining the DOJ Office of Legal Counsel) was presented with the Legal Teaching Award for his achievement in the classroom. And ALI Life Member Thomas Buergenthal, a Professor at George Washington University Law School and former judge of the International Court of Justice in The Hague was recognized with the Public Service Award for his influential and lasting efforts in human rights.

Read more at NYU Law’s website

Judge Gerard Lynch Article Featured in
Fordham Law Review 'Most Influential' Series

When Fordham University School of Law launched the Fordham Law Review in 1914, it was among the first dozen law reviews in the country. To commemorate its 100th anniversary, the Board of Editors selected six of the most influential articles published by the Law Review in its first century and republished one piece in each of its Centennial issues.

In the March 2015 edition (Vol. 83, No. 4), the Law Review republished a 1998 article by ALI Council member Gerard E. Lynch, now a judge on the Second Circuit Court of Appeals and previously a longtime professor at Columbia Law School. The article, "Our Administrative System of Criminal Justice," is among the most cited works in the Law Review's history. In it, Lynch sets out to illustrate "how the practice of plea bargaining blurs the boundaries between adversarial and inquisitorial criminal justice systems.

Read the full article.

Carol Steiker, Co-Author of ALI Paper on
Death Penalty, Gives Talk on History of Capital Punishment in U.S.

ALI member Carol Steiker, a Harvard Law professor, recently delivered a lecture on the history of the death penalty in the United States. In the talk, Professor Steiker argues that, over the last 50 years, capital punishment has become the subject of top-down, national regulation from the U.S. Supreme Court.

Elected to ALI in 2013, Professor Steiker is well known to many ALI members as the co-author, along with her brother, University of Texas law professor Jordan Steiker, of a study in 2009 which led to The American Law Institute’s vote to withdraw the capital punishment provisions in the Model Penal Code. Watch a video of Professor Steiker's lecture at the Radcliffe Institute or read a February 2015 interview in which she talks about her work in the Harvard Gazette.

Same-Sex Marriage Case in ‘Less Than Four Minutes’
by NPR’s Totenberg and SCOTUSblog’s Goldstein

ALI member Tom Goldstein, the founder of SCOTUSblog and a frequent U.S. Supreme Court advocate, joined forces with NPR’s Nina Totenberg, an honorary non-lawyer ALI member, to record a video that promises to explain “in less than four minutes” the historic April 28 arguments before the U.S. Supreme Court in the same-sex marriage cases. The video is informative and fun and employs a little cartooning to make the justices words come to life. Watch the video.

ALI Chief Reporter for Employment Law
To Chair Conference on Labor

NYU Law professor Samuel Estreicher, the Chief Reporter on the Restatement of Employment Law, is chairing the 68th Annual Conference on Labor on Thursday-Friday, June 4-5, 2015. Hosted by the NYU Center for Labor and Employment Law, the conference is titled “Who Is An Employee? And Who Is The Employer?” It will explore cutting-edge issues such as when companies may classify service providers as independent contractors rather than employees.

Two ALI members who served as Reporters on the Restatement of Employment Law will present at the conference. Boston Law professor Michael C. Harper will present a session titled “The Restatement of Employment Law’s ‘Entrepreneurial Control’ Test,” and Saint Louis University Law professor Matthew Bodie will present “Independent Contractor Organizations.” Visit the conference website to view the complete agenda and to register.

Chief Justice Marshall Interviewed on Paving
the Way for Same-Sex Marriage Rights

ALI Council member Margaret Marshall, the former Chief Justice of the Massachusetts Supreme Judicial Court, is interviewed in a New York Times Op-Ed about her landmark 2003 ruling in Goodridge v. Department of Public Health that paved the way for same-sex marriage in her state.

In Why Massachusetts Led the Way on Same-Sex Marriage, writer Jesse Wegman outlines the backlash that followed Justice Marshall’s opinion as many states banned gay marriage and the later shifts in public opinion that preceded the case before the U.S. Supreme Court this term that could lead to all of those bans being struck down.

Mr. Wegman asked if Justice Marshall agreed that the shift in opinion happened at “lightning speed.” She replied: “From a historian’s point of view, they say, ‘Oh, it has moved so quickly,’ but from the point of view of the litigants and the families who weren’t able to marry in the past, it’s a very different perspective. Remember, the first lawsuit was filed almost half a century ago.”

On the same subject, ALI member Geoffrey R. Stone, a professor at the University of Chicago School of Law, writes in Huffington Post that the historical path to same-sex marriage can be traced back to the 1970s when states began adopting The American Law Institute’s recommendation to repeal sodomy laws in the Model Penal Code published in 1962. Read Getting to Same-Sex Marriage.

ALI Members Appointed to Deanships at
Seton Hall and University of Florida

Two ALI members will soon be taking on leadership roles as the deans of East Coast law schools.

Kathleen Boozang, now an associate dean at Seton Hall University School of Law in Newark, NJ, has been named the next dean of the law school. She is expected to start as dean on July 1 and will succeed Dean Patrick Hobbs, who has led the school since 1999.

Elected to ALI in 2009, Professor Boozang is a participant in two Institute projects—the Restatement of the Law, Charitable Nonprofit Organizations and Principles of the Law, Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations. Read more at the New Jersey Law Journal.

The University of Florida has announced that ALI member Laura Ann Rosenbury was appointed Dean of the Levin College of Law, effective July 1. Currently a professor at Washington University Law School in St. Louis, she will be the first woman to serve as permanent dean at UF Law.

Elected to ALI in 2010, Professor Rosenbury is an Adviser on the Restatement of the Law, Children and the Law. Read more at UF Law’s website.

Study Charts Success of Prudent Investor Rule Crafted by ALI and Adopted by Every State

Two law professors have posted a study of the Prudent Investor Rule—a rule first crafted by The American Law Institute in the Restatement Third, Trusts, that became the centerpiece of fiduciary investment law reform efforts in the 1990s and was ultimately adopted by every state.

ALI Council member Robert H. Sitkoff, a Harvard Law professor, and Max M. Schanzenbach of Northwestern University School of Law, explain that the Prudent Investor Rule “reorients fiduciary investment from risk avoidance to risk management in accordance with modern portfolio theory.”

First outlined in a 1992 volume of the Restatement Third, Trusts and later in the 1994 Uniform Prudent Investor Act, the prudent investor rule requires a trustee to manage a trust portfolio with an overall investment strategy having risk and return objectives reasonably suited to the trust and to diversify the investments of the trust.

After analyzing the data, Professors Sitkoff and Schanzenbach conclude that “the rule’s command to align market risk with beneficiary risk tolerance, and to manage market risk exposure on an ongoing basis, has largely been followed.”

Read an abstract and download a PDF of a draft of their paper, “The Prudent Investor Rule and Market Risk: An Empirical Analysis,” at the Social Science Research Network.

Eight members of The American Law Institute are among the women named by the National Law Journal to this year’s list of Outstanding Women Lawyers.

  • Elizabeth Cabraser – Partner, Lieff Cabraser Heimann & Bernstein
  • Meredith Fuchs – General Counsel, Consumer Financial Protection Bureau
  • Jamie Gorelick – Partner, Wilmer Cutler Pickering Hale & Dorr
  • Kathryn Kase – Executive Director, Texas Defender Service
  • Roberta Liebenberg – Senior partner, Fine Kaplan & Black
  • Jami McKeon – Chairwoman, Morgan Lewis & Bockius
  • Lisa Sotto – Partner, Hunton & Williams
  • Barbara Underwood – Solicitor General for State of New York

Troy McKenzie Joins DOJ’s Office of Legal Counsel

ALI member Troy McKenzie is taking a leave from his position as a Professor at New York University School of Law to join the DOJ's Office of Legal Counsel as a deputy assistant attorney general. McKenzie, who is co-faculty director of NYU Law’s Center on Civil Justice, was elected to ALI in February 2015. Read more at NYU Law's website.

New Yorker Article Notes ALI Law Reform Work

In “The Death Penalty Deserves the Death Penalty,” an article in the April 15 issue of The New Yorker, author Lincoln Caplan examines the history of capital punishment in America. Caplan, a senior research scholar at Yale Law School, discusses the ALI’s Model Penal Code and a case before the U.S. Supreme Court this year that focuses on the drugs used in lethal injections.

Caplan describes The American Law Institute as “the country’s most prestigious legal organization involved in law reform,” and writes that ALI was “the architect of the Supreme Court’s approach to reforming the use of the death sentence.” But in 2009, the ALI withdrew the death penalty provisions from the Model Penal Code in a vote that Caplan describes as a conclusion that “the endless political controversy surrounding the penalty, as well as many other factors, make it impossible to ensure ‘a minimally adequate system for administering capital punishment.’ ”

Read the New Yorker article.

Featured Publications

Restatement of the Law Third, Employment Law, final draft

The final draft of the Restatement Third of Employment Law was approved by the membership of the American Law Institute in May 2014. Topics include: Employment Contracts; Employer Liability for Tortious Harm to Employees; Employee Obligations and Restrictive Covenants; and Employee Privacy and Autonomy.

The list price for this softbound draft is $65 plus shipping and handling.595 total pages, product code 1R3ELPFD

More information

The Concise Restatement of Torts,
Third Edition

The new third edition of A Concise Restatement of Torts is a 398-page softcover volume compiled by Professor Ellen M. Bublick of the University of Arizona's James E. Rogers College of Law. It contains provisions from both the second and third Restatements of Torts, including ALI's recent Torts project on liability for physical and emotional harm, as well as relevant material from the Restatement Third of Agency.

Get more information

About ALI

The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. Find out more about ALI.

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