The American Law Institute 88th Annual Meeting, May 16-18, 2011. San Francisco


Wednesday, May 18

On Wednesday morning, the membership approved the final Tentative Draft of the Restatement of the Law Third, Trusts, with thanks to Reporter Edward C. Halbach, Jr. and Associate Reporters Thomas P. Gallanis and Randall W. Roth. Approval clears the way for publication of the fourth and final volume of this project; that volume will cover principal-and-income accounting and trustee, beneficiary, and third-party liability.

The first ALI Young Scholars Medals were conferred to Oren Bar-Gill of New York University School of Law and Jeanne C. Fromer of Fordham University School of Law. The Hon. William Fletcher, who chaired the selection committee, explained how the two winners were chosen from over 70 candidates nominated by law school deans. Professors Bar-Gill and Fromer each were presented with a plaque and a $5,000 prize.

Professor Bar-Gill gave a presentation on his work on Consumer Psychology and Consumer Protection – Credit Cards, Mortgages and Beyond. Professor Fromer, whose work explores the claiming systems of patent and copyright law, as well as forum shopping in patent litigation, will speak at the 2012 Annual Meeting.

Kathleen M. Sullivan, a partner at Quinn Emanuel Urquhart & Sullivan and a professor and the former Dean of Stanford Law School, spoke at Wednesday’s luncheon on the topic “Is ‘Constitutional Law’ Law?”

Reporter Evelyn Brody presented a Tentative Draft of Principles of the Law of Nonprofit Organizations containing material on enforcement. The draft, excluding Sections 670, 680, and 690, was approved by the membership. Sections 670-690 were not included in the motion to approve the draft because they will be revised by the Reporter.

Read the Annual Meeting blog to learn more about these sessions and events.

Tuesday, May 17

At 8:00 a.m., Director Lance Liebman and Program Committee Chair Paul L. Friedman reprised last year’s popular session, updating interested members on ALI’s procedure for considering, selecting, and developing new projects. They solicited members' suggestions and listened to their views on potential projects.

The membership approved the Tentative Draft of the Model Penal Code: Sentencing presented by Reporter Kevin Reitz.

The withdrawal of the 2003 amendments to UCC Articles 2 and 2A also was approved. PEB Research Director Neil Cohen explained that no state has enacted the amendments and prospects for enactment in the near future are bleak. After considering the status of the amendments for several years, the Permanent Editorial Board for the UCC decided to recommend withdrawal of the amendments by the ALI and ULC. Approval by the ALI membership was the last step necessary for effectuation of the withdrawal.

Reporter Andrew Kull and Adviser Doug Laycock presented an overview of the Restatement of the Law Third, Restitution and Unjust Enrichment, and described its potential significance to practicing lawyers. The Restatement received final approval a year ago and is expected to be published in June.

At a luncheon honoring 2011 Life (25-year) and 50-year Members, the Hon. Tani Cantil-Sakauye, Chief Justice of the Supreme Court of California, spoke about the status of the California judicial branch.

After lunch, the membership approved the Tentative Draft of the Restatement of the Law Third, Employment Law, submitted by Chief Reporter Samuel Estreicher and Reporters Michael C. Harper and Stewart J. Schwab. The draft contained material on employee obligation and restrictive covenants and torts affecting the employment relationship.

At the Annual Dinner on Tuesday evening, Mark Yudof, President of the University of California, spoke about the topic “Whose University? The Decline of the Commonwealth, and its Meaning for Higher Education.”

Read the Annual Meeting blog for descriptions of these sessions and events.

Monday, May 16

The meeting began with a report by ALI President Roberta Cooper Ramo.

Lord Phillips of Worth Matravers, President of The Supreme Court of the United Kingdom, spoke about the creation of his court and the question “Is the Supreme Court of the United Kingdom really supreme?”.

Stephen Zack, ABA President, then addressed the membership, speaking about “Equal Justice Under Law: A promise we must honor.”

Read the Annual Meeting blog for descriptions of these speeches.

The meeting continued with a preview of ALI’s Principles of Election Law project by Reporter Edward B. Foley and panelists Doug Chapin, Kevin J. Hamilton, and Trevor Potter. Initial meetings of the project’s Advisers and MCG will be held in October 2011. Read the Annual Meeting blog for more information about this session.

After lunch, reports were made by Director Lance Liebman, ALI-ABA Executive Director Julene Franki, Treasurer Carolyn Dineen King, Membership Committee Chair George Dudley, and Nominating Committee Chair Diane Wood.

During the session, three new Council members were elected by the membership:

  • Wallace B. Jefferson, Chief Justice, Supreme Court of Texas, Austin, TX
  • Gary L. Sasso, President and CEO, Carlton Fields, Tampa, FL
  • Anthony J. Scirica, U.S. Court of Appeals, Third Circuit, Philadelphia, PA

In addition, six current Council members were reelected for an additional term:

  • Susan Frelich Appleton, Washington University School of Law, St. Louis, MO
  • Allen D. Black, Fine, Kaplan and Black, RPC, Philadelphia, PA
  • Douglas Laycock, University of Virginia School of Law, Charlottesville, VA
  • Kathryn A. Oberly, District of Columbia Court of Appeals, Washington, DC
  • Mary M. Schroeder, U.S. Court of Appeals, Ninth Circuit, Phoenix, AZ
  • Bill Wagner, Wagner, Vaughan & McLaughlin, P.A., Tampa, FL

Judge Wood announced that the Council reelected the following officers: Roberta Cooper Ramo, President; Allen D. Black, First Vice President; and Douglas Laycock, Second Vice President.

The John Minor Wisdom Award, recognizing an ALI member’s outstanding contributions to the work of the Institute, was presented to Guy Miller Struve, a partner with Davis Polk & Wardwell LLP in New York and a Life Member of ALI. The Wisdom Award is given from time to time in specific recognition of a member’s contributions to the work of the Institute.

ALI’s Distinguished Service Award was presented to Michael Traynor, Chair of the Council and President Emeritus. The Distinguished Service Award is given from time to time to a member who over many years has played a major role in the Institute as an institution, accepting significant burdens as an officer or committee chair and helping keep the Institute on a steady course as the greatest private law-reform organization in the world.

Read the Annual Meeting blog to learn more about the award presentations.

At the end of the day, the membership approved the Tentative Draft of the Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm, which contained a chapter on the liability of those who retain independent contractors.

Approval clears the way for publication of the second and final volume of this project; the material will be published along with previously-approved material on affirmative duties, emotional harm, landowner liability, and liability of actors who retain independent contractors. The first volume, covering the basic topics of the law of torts, was released in early 2010. This work supersedes comparable provisions in the Restatement Second, Torts.

The membership thanked Associate Reporter Ellen S. Pryor, who drafted the final Tentative Draft, and Reporter Michael D. Green for all their work.