VOLUME 36 • NUMBER 4 SUMMER 2014

The ReporterPublished By The American Law Institute

DEDICATED TO CLARIFYING AND IMPROVING THE LAW

Chief Justice Roberts Presents Friendly Medal to Judges Boudin and Leval

“The Institute has chosen well,” Chief Justice John G. Roberts, Jr., said as he began his presentation of the Henry J. Friendly Medal to Judge of the U.S. Court of Appeals for the First Circuit and Judge Pierre N. Leval of the U.S. Court of Appeals for the Second Circuit. JUDGE LEVAL (LEFT) AND CHIEF JUSTICE ROBERTS

“Judges Mike Boudin and Pierre Leval are extremely worthy in attendance were eight other former Friendly clerks who are honorees. I have known each of them for 35 years, and I can attest members of the Institute. (See photo, page 6) to that personally. They embody [Judge Friendly’s] uncompromising rigor and integrity in following the law wherever it may lead.” Judge Friendly served nearly 27 years on the U.S. Court of Appeals for the Second Circuit and was a longtime member The chief justice’s presentation of the award prompted a mini- of the ALI Council. His brilliance and legal acumen were reunion of Judge Friendly’s former law clerks. Chief Justice legendary. He was the first graduate of Roberts clerked for Judge Friendly in 1979-1980, and both Judge ever to receive a degree summa cum laude, and he clerked for Boudin and Judge Leval clerked for him in the mid-1960s. Also Justice Louis D. Brandeis the following year.

continued on page 6

The President’s Letter The ALI Process and the Importance of the Annual Meeting

Our 91st Annual Meeting was a quite remarkable meeting. We closed survey—were so remarkable that I wanted to share just a out Lance Liebman’s term as Director with the appearance of three few with everyone: Justices of the United States Supreme Court, finished the Restatement Third of Employment Law (publication expected in early 2015), had “The meeting was impressive nearly to the level serious discussions and some voting on seven other projects, and of intimidation, but there were enough incredibly moved The American Law Institute from Liebman to Revesz. Those friendly people to allay that. It was a joy ....” of you who come to the Annual Meeting know that, for the last few years, we have surveyed the participants to see whether we are meeting “The sessions I was able to attend were stimulating or exceeding their expectations, in return for the gift of their time. The and informative. They reminded me why I am glad numbers are impressive. to be an ALI member.”

Over 90 percent of the respondents were more than satisfied with “The work done at the Annual Meeting helps the ALI their experience (and remember, we are a critical bunch). But the make an important contribution to American law.” comments I received—during the Meeting, in e-mails, and from the continued on page 2 The President’s Letter continued from page 1

“It was inspirational to see the public domain; hear Chief Justice Roberts Summer is here for me. Peonies are over, interchange between Lance and talk about ’s legacy as he roses aplenty, and I have hope for enough Justice Breyer and to hear the presents the Friendly Medal to Judges rain for the peaches and pomegranates. Chief Justice. A rare treat to see Pierre Leval and Michael Boudin; and And now there is the blessing of the soft firsthand how the great traditions enjoy watching Lance and Justice Breyer summer air of New Mexico, filled often of our legal system are passed from talk about issues facing the legal system with the best of opera and chamber one generation to another ....” in an informal chat that we are unlikely music. Happy summer to all! to see again. On our website you can also I share these sentiments with you in large view videos featuring the presentation Roberta part to urge you to come to the Annual of the Award to Meeting in future years. Our work Professor Neil Cohen, the remarks of Roberta Cooper Ramo depends upon having a large body of ABA President James Silkenat, and the President our members—practicing lawyers, judges addresses by our excellent luncheon from all parts of the bench, and legal speakers, Willy Fletcher and Phoebe scholars—come together to read and Haddon. discuss our project drafts. We ask hard editor questions of the Reporters and help them We also heard Amy Monahan of the Marianne M. Walker blend our views into their work. To be University of Minnesota Law School, (215) 243-1627 considered American Law Institute work, our fourth Young Scholars Medal winner, [email protected] every project must be approved both by speak (also on the website) about her the Council and the membership. That fascinating work in dealing with the associate editor bicameral approach and the quality of problems of public pensions. With Amy’s Todd David Feldman debate that comes from combining the seminar this fall, we will complete our (215) 243-1682 views of experts in each field with those second class of Young Scholars medalists. [email protected] of us who are well-informed generalists is Justice Goodwin Liu has agreed to chair managing editor what makes our contribution distinctive the Special Committee on the ALI Young Shannon P. Duffy and influential. Scholars Medal one more time. So please (215) 243-1694 make sure that the deans of the law [email protected] Some of our debates, especially at the schools that you interact with are ready initial part of any controversial project, in the fall with a nominee for the Young contributors can be heated. But robust debate on Scholars Medal for 2015-2016. tough questions is just what we are about. Patricia Daly What is unique is that our robust debate In the next 12 months, we are undertaking [email protected] is respectful and should be focused on a major upgrade of our website for the language of the law. It is a chance members and the public. This will be an Kyle Jakob [email protected] for those who actually work in an area to expensive but desperately needed move. put their experience to work in making Deputy Director Stephanie Middleton Karen Van Gorder comments to the Reporters and to the and Director Richard Revesz will be [email protected] body. And, importantly, this is a chance working with our new tech staff to bring for those who are not experts to raise us, hopefully, into this century. Their membership director their questions and cast their votes. work rests on the important contribution Beth M. Goldstein that Derek Langhauser has made over (215) 243-1666 If you have not already done so, take several years in chairing the Council’s [email protected] a look over the next few days at our Special Committee on Technology. website, where you can hear Lance speak The ALI Reporter (ISSN 0164-5757) is pub- lished quarterly by The American Law Insti- about his experience and see the video Last, I want to note that virtually tute, 4025 Chestnut Street, Philadelphia, PA celebrating his tenure as Director; watch everyone who responded to the survey 19104-3099. First-class U.S. postage paid at Justice Ginsburg’s introduction of and about the Annual Meeting noted the Langhorne, PA. praise of Gerhard Casper on presenting exceptional kindness and efficiency of POSTMASTER: Send address changes and any him with ALI’s Distinguished Service our small but mighty staff. They stand other communications to 4025 Chestnut Street, Philadelphia, PA 19104-3099. Award; hear Gerhard make an argument ready to help each of you with questions for us to tackle a major legal issue in the or requests.

2 | The ALI Reporter Restatement of Employment Law Approved

The team of Reporters who worked on Restatement of the Law Third, Employment Law, in their final meeting on the project: (from left) ALI Second Vice President Douglas Laycock, Chief Reporter Samuel Estreicher, and Reporters Michael C. Harper, Stewart J. Schwab, and Matthew T. Bodie

On May 21, during the Institute’s Annual Meeting at the Ritz- Stephan. The members also approved Tentative Draft No. 3 Carlton Hotel in Washington, DC, the ALI’s membership of the Model Penal Code: Sentencing, focusing on Article 6, voted to approve the Proposed Final Draft of Restatement Authorized Disposition of Offenders, and Article 6x, Collateral Third, Employment Law. Tentative Drafts on Foreign Relations Consequences of Criminal Conviction, presented by Reporter Law, Sentencing, Liability for Economic Harm, and Liability Kevin R. Reitz of the University of Minnesota Law School and Insurance also received approval at the Annual Meeting. All five Associate Reporter Cecelia M. Klingele of the University of drafts were approved subject to the discussion at the Meeting and Wisconsin Law School. the usual editorial prerogative to improve language and syntax. Also on May 19, Reporter Stephen J. Schulhofer and Associate The nine-chapter Proposed Final Draft for the Restatement of Reporter Erin E. Murphy, both of University Employment Law, drafted by Chief Reporter Samuel Estreicher School of Law, submitted Tentative Draft No. 1 of Model of New York University School of Law and Reporters Matthew Penal Code: Sexual Assault and Related Offenses, T. Bodie of Saint Louis University School of Law, Michael C. consisting of substantive material for discussion only— Harper of Boston University School of Law, and Stewart J. §§ 213.0-213.6, dealing with definitions of terms and the Schwab, dean of Cornell Law School, is the culmination of more elements of various sexual offenses—and evidentiary material than a decade of work by the Reporters, Advisers, Council, and for approval—§ 213.7, Procedural and Evidentiary Principles Institute members. Subjects covered in the Restatement include Applicable to Article 213. As time ran out before a number of the employment relationship, termination of employment pending motions could be debated, no final vote was taken to contracts, compensation and benefits, employer liability for approve § 213.7. harm to employees, wrongful discharge, employee privacy and autonomy, employee obligations, restrictive covenants, and On May 20, Institute members approved Tentative Draft No. 2 remedies. Publication of the official text of the new Restatement of Restatement Third, Torts: Liability for Economic Harm, is expected in early 2015. covering unintentional infliction of economic loss (§§ 6-8) and liability in tort for fraud (§§ 9-15), submitted by Reporter Ward On May 19, the membership voted to approve Tentative Draft Farnsworth, dean of the University of School of Law, and No. 1 of Restatement Fourth, The Foreign Relations Law Tentative Draft No. 2 of Principles of the Law of Liability of the United States – Jurisdiction, consisting of Part IV Insurance, covering Chapter 2, Management of Potentially (Enforcement), Chapter 1 (Recognition and Enforcement of Insured Liability Claims, presented by Reporter Tom Baker of the Foreign Judgments in the United States), §§ 401-409. The draft University of Pennsylvania Law School and Associate Reporter was submitted by Reporters William S. Dodge of the University Kyle D. Logue of the University of Michigan Law School. of California, Hastings College of the Law; Anthea Roberts of the London School of Economics and ; Also on the Annual Meeting agenda were two Discussion Drafts. and Paul B. Stephan of the University of School of Law. Restatement Third, Torts: Intentional Torts to Persons, Also present was Sarah H. Cleveland of Columbia Law School, consisting of Chapter 1, Definitions of Intentional Torts to who serves as Coordinating Reporter along with Professor Persons; Transferred Intent (§§ 101-104 and 110), and a continued on page 23

Summer 2014 | 3 A Transition in Leadership

My predecessor, Geoff Hazard, said “ALI Director is the best job there is for a law professor.” And now, as I exit the “ job, I know that Geoff was right. This organization influences American law and occasionally world law. Very few individuals can accomplish that. It is rare that a professor struggling to complete a law review article has a realistic hope that that article is going to change the law.

But if the ALI, after its slow but serious process, recommends new doctrine, courts may accept our advice. That is especially true when our work is balanced and convincing.

LANCE LIEBMAN ALI DIRECTOR 1999 – 2014

It is an enormous privilege for me to take on this role and to follow in the extraordinary footsteps of Lance Liebman, whom I have admired from afar for many, many years. At a time when it is so difficult to achieve “ consensus in our society and when there is such lack of civility in public debate, it is wonderful that there is an organization like The American Law Institute that brings together prominent judges, lawyers, and academics to work on things that are really important and that is able to forge a consensus and to move forward and to provide guidance to our courts and to our society.

So I am very, very much looking forward to this assignment.

RICHARD L. REVESZ ALI DIRECTOR 2014 –

4 | The ALI Reporter A Tribute to an Outgoing Director

In an unexpected twist, Justice Stephen G. Breyer’s appearance at the Annual Dinner was no ordinary speech, but instead took the form of an informal Q&A-style chat as the justice was joined on stage by outgoing Director Lance Liebman and President Roberta Cooper Ramo. Justice Breyer and Director Liebman met when both men were teaching at Harvard Law School.

The Council dinner on May 18 turned into a roast of sorts as President Roberta Cooper Ramo called on Deputy Director Stephanie Middleton and incoming Director Richard Revesz to share their thoughts about working with outgoing Director Lance Liebman, who became a member of the Council immediately upon ending his directorship.

Summer 2014 | 5 Chief Justice Roberts Presents Friendly Medal continued from page 1

a prominent practitioner, a business person? … But there was no one like that then, if you think back on it, and there certainly will be no one like that in the future, not only because there is no Judge Friendly coming down the pike, but our profession has changed so much that the idea of anyone—no matter how talented—being able to fill all those different roles is just not in the cards.”

Despite all his accomplishments, Chief Justice Roberts said, Judge Friendly “was one of the most unassuming people that you could meet. ... I am not sure, frankly, if Judge Friendly would be pleased to have an award named after him, because he was so unassuming. But I do know that, if there was going to be such an award, he would Former law clerks of Judge Henry J. Friendly (front row, from left): Judge William C. Bryson of the be delighted to have it presented to U.S. Court of Appeals for the Federal Circuit; Chief Judge Merrick B. Garland of the U.S. Court of Michael Boudin and Pierre Leval.” Appeals for the DC Circuit; Ira M. Feinberg of Hogan Lovells; Robert N. Weiner of Arnold & Porter; (from left, back row): Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of Judge Leval Accepts New York; Henry S. Bryans of Aon Risk Services; Marvin L. Gray, Jr. of Davis Wright Tremaine; and Professor David J. Seipp of Boston University School of Law “This is overwhelming,” Judge Leval said, “to receive this award from the The Friendly Medal—established looked to today and still widely cited,” hand of Chief Justice Roberts. Thank Chief Justice Roberts said. in memory of Judge Friendly and you so much. To receive this award from endowed by his former law clerks— The American Law Institute, which has is reserved for recipients who are Beyond that, Chief Justice Roberts said, were Judge Friendly’s contributions to the contributed so vastly to American law…. considered especially worthy of It is really extraordinary.” receiving it. It recognizes contributions ALI and his extensive scholarly record. to the law in the tradition of Judge “So he was the greatest judge of his era, Judge Leval said that Judge Boudin “is Friendly and the Institute and is not he was a leading scholar, and he was a sad that he could not be here today, but limited to ALI members or those lion at the bar, a great practitioner in he asked me to speak also on his behalf.” associated with its projects. New York, cofounder of one of New To give a sense of how highly regarded York’s great law firms. On top of that, In his remarks, Chief Justice Roberts Judge Friendly was in his time, Judge he was a prominent member of the painted a portrait of Judge Friendly as Leval quoted several other legal business community, general counsel a giant in the law the likes of which we to Pan Am, member of its board at luminaries. Judge of the should not expect to see again. a time where the air-transportation U.S. Court of Appeals for the Seventh industry was just forming the rules Circuit, he said, called him “the most “No one has been remotely like and guidelines that would govern powerful legal reasoner in American Judge Friendly since he passed, and that industry, and he played an legal history.” And former ALI Director no one will be like him again in our extraordinary part in that,” Chief once wrote that “only profession,” he said. Justice Roberts said. the genius that Henry Friendly was could produce scholarly material of “Consider what he was. He was the Such a constellation of superlatives, this quality and volume…. None of us greatest judge of his era—which is the he suggested, made Judge Friendly will see his like again.” For Justice Felix subtitle of the new biography out about truly unique. Frankfurter, he said, Judge Friendly was him, and I think there is no disputing “the best judge on the American scene.” that—but he was also a leading scholar There’s “no one like that today,” he and writer and thinker in law. His law- said. “I mean, who would you say was “So, why such superlatives?” Judge review writings and his speeches are still the greatest judge, a leading scholar, Leval asked. “I think the answer to that continued on page 26

6 | The ALI Reporter Justice Ginsburg Lauds Professor Casper as a ‘Contributor Supreme’

The American Law Institute’s Distinguished Service Award “is presented only occasionally and to people who are contributors supreme to the well-being of the Institute,” U.S. Supreme Court Justice Ruth Bader Ginsburg said in presenting the award to ALI Council emeritus Gerhard Casper. Justice Ginsburg declared it “a privilege to present the award to Gerhard Casper, whose wisdom and caring have guided the ALI since he became a Council member in 1980.” Describing “how much good Gerhard has done for the Institute,” she noted his chairing of the Nominating Committee for six years; his service on the Program Committee for six years and as an Adviser to the Charitable Nonprofit Organizations project since 2002; his role in the establishment of the ALI Young Scholars Medal; his address about academic freedom at the Annual Dinner in 1998, when the Institute celebrated its GINSBURG CASPER 75th anniversary; and, most recently, his presence on the search committee that proposed Richard Revesz as the successor to In accepting the award, Professor Casper said he has had the Director Lance Liebman. “great privilege” of serving as a Council member during the presidencies of Ammi Cutter, Rod Perkins, Charlie Wright, Justice Ginsburg also noted Professor Casper’s many impressive Michael Traynor, and “last but in no way least, Roberta Ramo,” non-ALI activities, including the publication of his most recent and noted that the ALI Directors during this period were book, The Winds of Freedom. She concluded that for all he has Herbert Wechsler, Geoff Hazard, and Lance Liebman. done to “make studies blossom and minds move, everyone in this audience joins me in a rousing ‘Bravo!’ May you have All of the Directors, and the members of the Institute and of freedom to take pleasure in the life of the mind, and may there the Council, he said, have provided him “with challenging be, in the years to come, scores of encores of your engagement opportunities to engage in the unceasing process of inquiry with issues of enduring importance.” about the law” and for this he was “deeply grateful.” He then continued on page 23

Wisdom Award Recipient Neil Cohen Touts ALI Work as ‘Exhilarating’

Lawyers who have never worked on a project for The American Law Institute “are missing the experience of a lifetime,” Professor Neil B. Cohen said in accepting the ALI’s John Minor Wisdom Award at the Annual Meeting on May 20. “It is fascinating, it is exhilarating, and it is in fact a lot of fun,” said Professor Cohen, who teaches at Brooklyn Law School. “What could be better than immersing ourselves in areas that we know and love, identifying their key principles, and expressing those principles in a way that leads others through the thicket and can guide judges to the advancement and development of those principles?” The John Minor Wisdom Award was established by the Institute to honor the late John Minor Wisdom, a renowned judge on the U.S. Court of Appeals for the Fifth Circuit and an ALI Council member. It is given from time to time in specific recognition of an ALI member for outstanding contributions to the Institute’s work. STEIN COHEN continued on page 23

Summer 2014 | 7 The Institute’s Newest Members

More than 100 newly elected members attended this year’s Annual Meeting. Pictured here: new members elected in October 2013, January 2014, and April 2014.

8 | The ALI Reporter Scenes from the New Members Lunch (Clockwise from top right) New member Justice Tracy Christopher of the Texas Fourteenth Court of Appeals and Council member John H. Beisner of Skadden, Arps, Slate, Meagher & Flom; Brian J. Paul of Ice Miller and Judge Kathleen M. Williams of the U.S. District Court for the Southern District of ; new member Matthew Lee Wiener of the Administrative Conference of the United States (left), Council member Justice Goodwin Liu of the California Supreme Court, and Trevor Potter of Caplin & Drysdale

At the New Member Dinner held at Smith & Wollensky (Clockwise from top left) The dinner cochairs, Roger A. Fairfax, Jr., of George Washington University Law School and Rosemary Hart of the U.S. Department of Justice; (right) Rosemary Hart speaks with Judge Virginia M. Kendall of the U.S. District Court for the Northern District of , and Bill Lann Lee of Lewis, Feinberg, Lee, Renaker & Jackson; (bottom left) Justice Robert D. Rucker of the Indiana Supreme Court (left) and Professor Jennifer Ann Drobac of Indiana University, Robert H. McKinney School of Law, speak with Judge Virginia M. Kendall and Bill Lann Lee.

Summer 2014 | 9 The 1989 Life Member Class Gift CLASS OF 1989 COCHAIRS THe 1989 Life Member Class Gift will be used to fund important aspects of the Institute’s mission, including the Members Consultative Group Travel Assistance program, the Young Scholars Medal and symposium, the Judges and Public-Sector Lawyers Expense Reimbursement program, and the Institute’s ongoing law-reform projects.

The American Law Institute is grateful for each and every gift that contributed to the success of this campaign. We appreciate OPPERMAN WINOGRAD BARTLETT your generosity.

GIVING CIRCLE DONORS DONORS

Founders Circle Partnering Donors ($100,000 and above) ($500 - $1,999) Vance K. Opperman, Minneapolis, MN Roger I. Abrams, Boston, MA Mark G. Arnold & Husch Blackwell LLP, St. Louis, MO Charles Alan Wright Circle Charles C. Cohen, Pittsburgh, PA ($10,000 - $14,999) Ralph D. Cook, Birmingham, AL Joseph McLaughlin, New York, NY Antonio García-Padilla, San Juan, PR Thomas W. Van Dyke, Kansas City, MO (Four-year Pledge) Ricki Tigert Helfer, Chevy Chase, MD In memory of Sharon E. Van Dyke Thomas B. Lemann, , LA Peter A. Winograd, Albuquerque, NM William Cullen MacDonald, New York, NY Herbert E. Milstein, Washington, DC (Pledged) Herbert Wechsler Circle Fred F. Murray, Washington, DC ($5,000 - $9,999) Roswell B. Perkins, New York, NY Carter G. Phillips, Washington, DC Joan G. Wexler, Brooklyn, NY Herbert M. Wachtell, New York, NY (Pledged) Sustaining Life Donors Soia Mentschikoff Circle ($125 - $250) ($2,000 - $4,999) Anonymous Katharine T. Bartlett, Durham, NC Tyler A. Baker III, Mountain View, CA Carolyn F. Corwin, Washington, DC Edward Jay Beckwith, Washington, DC Carol E. Dinkins, Houston, TX (Pledged) Carolyn Berger, Wilmington, DE Daniel L. Goelzer, Bethesda, MD William C. Bryson, Washington, DC Phoebe A. Haddon, Baltimore, MD (Pledged) Martin L. Budd, Stamford, CT John W. Martin, Jr., Boca Grande, FL Thomas N. Carruthers, Birmingham, AL The Jack and Joanne Martin Charitable Foundation Jordan B. Cherrick, St. Louis, MO Daniel J. Meltzer and Ellen M. Semonoff, Cambridge, MA Elizabeth F. Defeis, Newark, NJ Janet Napolitano, Oakland, CA Walter J. Dickey, Sauk City, WI Aaron D. Twerski, Brooklyn, NY (Four-year Pledge) Nathaniel L. Doliner, Tampa, FL Donald E. Weihl, Swansea, IL William A. Fletcher, San Francisco, CA David Allan Gates, Little Rock, AR James J. Hanks, Jr., Baltimore, MD Giving Circle Donors are considered Sustaining Life Members Ellen M. Heller, Baltimore, MD for the 2014-2015 fiscal year. Alan C. Kohn, St. Louis, MO Frank Hampton McFadden, Montgomery, AL John L. McGoldrick, Princeton, NJ

continued on page 12

10 | The ALI Reporter Class of 1989 Sets Records in Giving and Participation

In just its third year, the ALI’s Class Gift campaign set a record Plimpton, who served as President of the Institute from 1980 to in both class participation and total giving. The Class of 1989, 1993. Before presenting him with a medallion honoring his 50 celebrating 25 years as members of the Institute and attaining years as an ALI member, current ALI President Roberta Cooper life-member status, exceeded its goal of $150,000 by raising an Ramo led the attendees in singing “Happy Birthday” to Rod, astounding $185,891. whose birthday was the following day.

Thanks go to the Class of 1989’s trio of cochairs—Katharine Phoebe A. Haddon, the incoming Chancellor of Rutgers T. Bartlett of Duke Law School, Vance K. Opperman of Key University–Camden and a member of the Class of 1989, was Investment, Inc., and Peter A. Winograd of the University of the National Jurist New Mexico School of Law. the luncheon speaker. Recently named by magazine as one of the 25 most influential people in legal Professor Winograd spoke on behalf of all three cochairs at education, Chancellor Haddon spoke about the current “justice this year’s Life Member Luncheon on May 20 in Washington, gap” in the United States. She described a “bitterly ironic DC—an event that honors ALI’s new life and 50-year members. mismatch” in which our country has thousands of highly trained He noted that 80 percent of the Class of 1989 contributed to law-school graduates who are unemployed or underemployed, the Class Gift. while millions of moderate- and lower-income members of society are often in dire need of legal counsel. This tremendous level of participation, Professor Winograd said, is “indicative of the high esteem in which the ALI is held by its The challenge, Chancellor Haddon explained, is to redistribute members, and the respect they have for its work.” the skills of our legal-service providers, and enable new lawyers to engage in “access-to-justice work” by taking steps such The Class Gift funds important aspects of the Institute’s mission, as containing law-school costs and offering student-loan including the Members Consultative Group Travel Assistance forgiveness. One concern, she said, is that we have no uniform, program, the Young Scholars Medal and symposium, the Judges and Public-Sector Lawyers Expense Reimbursement program, national compilation of statistics on unrepresented litigants. and the Institute’s ongoing law-reform projects. The Institute Without such data, she said, any discussion of the matter is will continue the Class Gift program with the 1990 Life compromised, leading to uncertainties about the best ways to Member Class that will be honored at the 2015 Annual Meeting. allocate scarce resources and to determine which initiatives should be given priority. Chancellor Haddon closed by calling Representing this year’s five newly minted 50-year members for serious innovation in the legal industry through collaborative was Roswell “Rod” Perkins, a retired partner at Debevoise & work from the bench, the bar, and the academy.

The Class of 1989 wears red roses to celebrate 25 years as members of the ALI and attaining the status of Life Member. Joining them in the center of the front row is former ALI President Roswell B. Perkins who celebrated 50 years as an ALI member. Mr. Perkins is flanked by Chancellor Phoebe A. Haddon, the speaker at the Life Member Lunch, and Judge William A. Fletcher, the speaker at the Wednesday luncheon.

Summer 2014 | 11 The 1989 Life Member Class Gift continued from page 10 Matthew L. Larrabee San Francisco, CA Houston Putnam Lowry Meriden, CT William Cullen MacDonald New York, NY Hiroshi Motomura, Los Angeles, CA CLASS OF 1964 Basil S. Markesinis London, England Linda S. Mullenix, Austin, TX John W. Martin, Jr. Boca Grande, FL Arnold K. Mytelka, Springfield, NJ Ernest C. Friesen, Jr. Aurora, CO Frank Hampton McFadden Montgomery, AL Jeffrey A. Parness, DeKalb, IL Thomas B. Lemann New Orleans, LA John L. McGoldrick Princeton, NJ Kenneth L. Penegar, Nashville, TN Donald C. Lubick Chevy Chase, MD Joseph McLaughlin New York, NY Roswell B. Perkins New York, NY Marilyn E. Phelan, Lubbock, TX Daniel J. Meltzer Cambridge, MA Roy L. Steinheimer, Jr. Lexington, VA Alan E. Popkin, St. Louis, MO Herbert E. Milstein Washington, DC Hiroshi Motomura Los Angeles, CA Sheldon Raab, New York, NY CLASS OF 1989 Herbert F. Schwartz, New York, NY Linda S. Mullenix Austin, TX Fred F. Murray Washington, DC Gerald K. Smith, Tucson, AZ Roger I. Abrams Boston, MA Arnold K. Mytelka Springfield, NJ David A. Sonenshein, Philadelphia, PA Walter H. Alford Ponte Vedra Beach, FL Janet Napolitano Oakland, CA A. Gilchrist Sparks III, Wilmington, DE H. William Allen Little Rock, AR Gene R. Nichol, Jr. Chapel Hill, NC Michael F. Sturley, Austin, TX Mark G. Arnold St. Louis, MO Vance K. Opperman Minneapolis, MN Tyler A. Baker III Mountain View, CA Jonathan E. Thackeray, Darien, CT Jeffrey A. Parness DeKalb, IL Gerald J. Thain, Madison, WI Margaret Armstrong Bancroft New York, NY Katharine T. Bartlett Durham, NC Kenneth L. Penegar Nashville, TN Georgene M. Vairo, Los Angeles, CA Edward Jay Beckwith Washington, DC Marilyn E. Phelan Lubbock, TX Marianne Wesson, Boulder, CO Carolyn Berger Wilmington, DE Carter G. Phillips Washington, DC In memory of Myrna Raeder and Susan Low Bloch Washington, DC Alan E. Popkin St. Louis, MO Andrew Taslitz Herschel M. Bloom Atlanta, GA H. Jefferson Powell Durham, NC L. Kinvin Wroth, South Royalton, VT Lawrence V. Brookes Berkeley, CA Robert G. Pugh, Jr. Shreveport, LA Richard C. Wydick, Davis, CA William C. Bryson Washington, DC Sheldon Raab New York, NY James B. Zagel, , IL William M. Saxton Detroit, MI Martin L. Budd Stamford, CT Thomas N. Carruthers Birmingham, AL Herbert F. Schwartz New York, NY Partnering Donors and Sustaining Life Jordan B. Cherrick St. Louis, MO Ellen M. Semonoff Cambridge, MA Donors are considered Sustaining Life Gene R. Shreve Vineyard Haven, MA Members for the 2014-2015 fiscal year. Robert Clark Cambridge, MA Deanne C. Siemer Washington, DC Charles C. Cohen Pittsburgh, PA Friends of ALI N. Jerold Cohen Atlanta, GA Gerald K. Smith Tucson, AZ H. William Allen, Little Rock, AR Michael B. Colgan Tampa, FL David A. Sonenshein Philadelphia, PA In honor of Philip S. Anderson Ralph D. Cook Birmingham, AL A. Gilchrist Sparks III Wilmington, DE Susan Low Bloch, Washington, DC Carolyn F. Corwin Washington, DC Michael F. Sturley Austin, TX Houston Putnam Lowry, Meriden, CT Elizabeth F. Defeis Newark, NJ A. Dan Tarlock Chicago, IL Gene R. Nichol, Jr., Chapel Hill, NC Walter J. Dickey Sauk City, WI Jonathan E. Thackeray Darien, CT Deanne C. Siemer, Washington, DC Carol E. Dinkins Houston, TX Gerald J. Thain Madison, WI Richard B. Tucker III Pittsburgh, PA Richard B. Tucker III, Pittsburgh, PA Nathaniel L. Doliner Tampa, FL Aaron D. Twerski Brooklyn, NY William K.S. Wang, San Francisco, CA Robert C. Ellickson New Haven, CT William A. Fletcher San Francisco, CA Georgene M. Vairo Los Angeles, CA B. John Williams, Jr., Washington, DC Antonio García-Padilla San Juan, PR Thomas W. Van Dyke Kansas City, MO Paul Martin Wolff, Washington, DC David Allan Gates Little Rock, AR Herbert M. Wachtell New York, NY Donors as of June 30, 2014. Daniel L. Goelzer Bethesda, MD Robert M. Walmsley New Orleans, LA Steven H. Goldberg White Plains, NY William K.S. Wang San Francisco, CA The ALI staff has made every effort to Donald E. Weihl Swansea, IL publish an accurate list of donors for the Phoebe A. Haddon Baltimore, MD 1989 Life Member Class Gift campaign. James J. Hanks, Jr. Baltimore, MD Marianne Wesson Boulder, CO In the event of an error or omission, John Matney Harmon Austin, TX Joan G. Wexler Brooklyn, NY please contact Kyle Jakob at 215-243- Ricki Tigert Helfer Chevy Chase, MD B. John Williams, Jr. Washington, DC 1660 or [email protected]. Ellen M. Heller Baltimore, MD Peter A. Winograd Albuquerque, NM This report is produced exclusively for the Thelton E. Henderson San Francisco, CA Paul Martin Wolff Washington, DC ALI community. The Institute prohibits the Patricia L. Irvin New York, NY L. Kinvin Wroth South Royalton, VT distribution of this list to other commercial Cornelia G. Kennedy Detroit, MI Richard C. Wydick Davis, CA or philanthropic organizations. Alan C. Kohn St. Louis, MO James B. Zagel Chicago, IL

12 | The ALI Reporter The 91st Annual Meeting

ALI Council members Kenneth C. Frazier of Merck & Co., and Gerhard Casper, President Emeritus of Stanford University, and Associate Evan R. Chesler of Cravath, Swaine & Moore Justice Ruth Bader Ginsburg of the Supreme Court of the United States, speaking to ALI President Roberta Cooper Ramo

Model Penal Code: Sentencing Reporter Kevin R. Reitz of University of In the session on Model Penal Code: Sexual Assault and Related Offenses— Minnesota Law School and Associate Reporter Cecelia M. Klingele of from left, Judge Gerard E. Lynch of the U.S. Court of Appeals for the University of Wisconsin Law School Second Circuit, and Reporter Stephen J. Schulhofer and Associate Reporter Erin E. Murphy, both of NYU School of Law

Members Reception at the Freer Gallery of Art

Summer 2014 | 13 Scenes from the 91st Annual Meeting

From left, Professor Jean C. Love of Santa Clara University School of Law; Judge William H. Webster, former Director of the FBI and CIA; Professor Susan Frelich Appleton of Washington University School of Law; Judge Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit; and Professor Patricia A. Cain of Santa Clara University School of Law

Above: Former ALI President Roswell B. Perkins, retired partner of Debevoise, with wife Susan Perkins

Top Right: At the dais from left, former Chief Justice Wallace B. Jefferson of the Supreme Court of Texas with Reporters on the Intentional Torts to Persons project Associate Dean Ellen S. Pryor of UNT Dallas College of Law and Professor Kenneth W. Simons of Boston University School of Law

Right: ALI First Vice President Allen D. Black of Fine, Kaplan and Black and Dean Ward Farnsworth of University of Texas School of Law leading the session on the Torts: Liability for Economic Harm project

14 | The ALI Reporter On the dais (from left) Foreign Relations Law project Coordinating Reporters Sarah H. Cleveland of Columbia Law School and Paul B. Stephan of the University of Virginia School of Law with the Reporters on the Jurisdiction section—William S. Dodge of University of California, Hastings College of the Law, and Anthea Roberts of the London School of Economics and of Columbia Law School (Professor Stephan also serves as a Reporter on the Jurisdiction section.)

Left: Conrad K. Harper, retired partner of Simpson Thacher & Bartlett, comments on Intentional Torts to Persons draft.

Bottom Left: Pedro A. Malavet of the University of Florida, Levin College of Law, engages in American Indian Law draft discussion.

Below: James F. Williams of Perkins Coie’s Seattle office (left) and Adam N. Steinman of the University of School of Law

Summer 2014 | 15 In the session on Restatement Third, The Law of American Indians—from left, Judge Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit; Reporter Matthew L.M. Fletcher of Michigan State University College of Law; and Associate Reporters Wenona T. Singel of Michigan State University College of Law and Kaighn Smith, Jr., of Drummond Woodsum

Right: Judge William A. Fletcher of the U.S. Court of Appeals for the Ninth Circuit speaking on the topic of The Supreme Court and Campaign Finance

Below: Associate Justice Richard T. Andrias of the New York State Supreme Court, Appellate Division

Bottom Right: Jeffrey D. Kovar of the U.S. State Department comments during draft discussion

16 | The ALI Reporter Survey Plumbs Opinions About 91st Annual Meeting

After the 91st Annual Meeting in May, the ALI staff distributed We have conducted similar surveys for several years, and this an e-mail survey to attendees to determine their satisfaction and year’s responses showed a clear uptick in satisfaction. The vast to gather ideas for improvement. About 32 percent of attendees majority (96%) rated their experience at the 91st Annual completed the survey, and 96 percent rated their overall Meeting as either excellent (56%) or very good (40%) as experience as excellent or very good. compared to the 91 percent very-good-to-excellent rating in last year’s survey. The comments on the survey suggest this high There were also some constructive comments and we will be positive rating was due to the quality of the speakers, the agenda, making changes based on that feedback. and staff assistance.

Before we review the survey results, a word about the respondents: The survey showed that ALI is successful in attracting a loyal 23 percent were life members, 22 percent have been members following of members to the Annual Meeting every year, with for 11-19 years, 20 percent for 2-5 years, and 15 percent were 57 percent reporting that they typically attend every year, while new members. Lawyers in private practice were the largest group, 21 percent say they attend every other year, and 5 percent attend 32 percent, while 29 percent were law school deans or faculty, once every three years. Another 14 percent said this was their and 17 percent were in the judiciary. first Meeting.

Overall, how would you rate the We asked about the costs of attending the Annual Meeting, following sessions held during the Meeting? and respondents were evenly divided, with 48 percent saying the costs of travel and hotel had influenced their attendance Opening Session decision, and 52 percent saying it had not. About a third also

Reports and Business said that the prices of tickets for special events had limited their participation. Foreign Relations Law of the United States The Institute already subsidizes the price of tickets to all special Model Penal Code: Sentencing events, but some of the comments suggest that members may

Model Penal Code: not be aware of this and may believe the Institute is generating Sexual Assault revenue from ticket sales. ALI also does not charge a registration Torts: Intentional Torts to Persons fee to offset the costs of room rental, audio/visual, and other expenses associated with the conference. Torts: Liability for Economic Harm

Law of Liability One option under consideration is an adjustment to the Insurance registration process so that the costs of some of our ticketed

Employment Law events could be included in a registration fee. Some members, especially academics, have told us this helps in getting these costs The Law of American Indians reimbursed. ALI Membership Director Beth Goldstein would like to know your thoughts on this idea and can be reached at 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 5 [email protected]. continued on page 23

Council Elects Wallace Jefferson Treasurer

On May 19, at its meeting in Washington, DC, ALI’s Council elected Wallace B. Jefferson, the former Chief Justice of Texas, as the Institute’s new Treasurer. He replaces former Massachusetts Chief Justice Margaret H. Marshall, Senior Counsel at Choate Hall & Stewart in Boston, who had served as Treasurer since 2013.

Chief Justice Jefferson, who had served on the court since 2001 and as its chief justice since 2004, joined Alexander Dubose Jefferson & Townsend as a name partner in October 2013. Prior to joining the bench, he was a partner at Crofts, Callaway & Jefferson, a preeminent appellate practice in Texas. He is a former president of the Conference of Chief Justices, an association of chief justices from the 50 states and U.S. territories.

Chief Justice Jefferson was elected to the ALI in December 2001 and to its Council in May 2011. A member of the ALI’s Membership Committee, he currently chairs the Regional Advisory Group for , , Oklahoma, and Texas, and he is an Adviser for the Restatement Third, The Law of Consumer Contracts.

Summer 2014 | 17 INSTITUTE IN THE Justices Look to Restatement of Torts for Theory of COURTS Aggregate Causation in Criminal Restitution Case

by Patricia Daly

The U.S. Supreme Court recently circuit court reasoned, each possessor of Each party offered a different answer considered the definition of causation images should be liable for the entirety to the question of how to calculate a as it relates to multiple acts of harm of the victim’s loss. restitution award. The victim insisted against a victim of crime. In doing so, the defendant should be charged with the Court turned to the Restatement The Supreme Court concluded that the entire amount of her losses. Paroline Third of Torts: Liability for Physical both the district court and the circuit maintained that no loss could be traced, and Emotional Harm, drawing analogies precisely, to his conduct and thus no court were mistaken in their analyses. and distinctions between tort law and restitution award could be imposed. The Paroline majority determined first restitution in criminal matters. The government asserted that proximate that § 2259 requires a proximate-cause cause was required, that an aggregate- The decision in Paroline v. United States, link between a criminal defendant’s causation standard was appropriate, and 134 S. Ct. 1710 (2014), is expected to conduct and a victim’s losses, citing the that the district court, in its discretion, have significant impact on the law of Restatement’s explication of common should determine the amount of criminal restitution and the role of tort definitions of proximate cause as restitution by allocating the loss principles in explicating it. including foreseeability. attributable to the defendant’s conduct.

The defendant, Doyle Paroline, pleaded Deputy Solicitor General Michael R. guilty in the Eastern District of Texas In line with that analysis, the Court held Dreeben, an ALI member, argued before to possession of child pornography. that restitution would not be appropriate the Court on behalf of the United States. The charges were based on Paroline’s for fortuitous losses a victim may incur. The Paroline Court concluded that the possession of some 300 images of child Here, the Court found that the victim’s government’s position was the proper pornography, two of which depicted losses of treatment and lost income one. In adopting the government’s a child known as Amy. Years earlier, were direct and foreseeable. The primary aggregate-causation approach, the Court the victim’s uncle had sexually abused noted the sound principles underlying issue, the Court stated, was whether her, photographed the abuse, and then it, including those espoused in the widely distributed the photographs on Paroline’s conduct was a factual cause of Restatement, and rejected Paroline’s the Internet. The Court noted that the the victim’s harm. no-recovery approach as anomalous and photographs were available “nationwide contrary to restitution’s purpose. and no doubt worldwide … [and] Paroline proposed a but-for causation possessors … number in the thousands.” standard, which could not be met because the victim would have suffered the same Following Paroline’s guilty plea, the harm from other violators. The Court victim sought restitution of more than $3.4 million from the defendant under rejected that approach and adopted a 18 U.S.C. § 2259, a federal statute that standard based on aggregate-causation mandates restitution in cases of sexual principles that applies when multiple exploitation of children and requires causes combine to cause harm. The defendants to pay “the full amount of Court looked specifically to §§ 27, 29, the victim’s losses.” The district court and 36 of the Restatement, as well as denied a restitution award, concluding DREEBEN the government had not met its burden other tort-law authorities, in determining of proving that Paroline’s conduct was that aggregate-causation principles “are But the majority declined to adopt the the proximate cause of the victim’s part of the background legal tradition victim’s vision of aggregate-causation losses. The Court of Appeals for the Fifth against which Congress has legislated” theory that all the victim’s general losses Circuit ultimately disagreed, and held en were “suffered . . . as a proximate result banc that a § 2259 award is not limited and in concluding that this alternative of [Paroline’s] offense.” The majority to those losses proximately caused by causal standard was necessary to vindicate deemed such an interpretation as the defendant’s conduct. Moreover, the congressional intent. continued on page 22

18 | The ALI Reporter Judges, Public-Sector Lawyers May Seek Reimbursement for Annual Meeting Travel Costs

The Judges and Public-Sector Lawyers Expense Reimbursement program is one of The American Law Institute’s key initiatives to ensure that a diverse range of opinions are considered in our unique drafting process.

The program provides up to $1,000 in travel and expense assistance for qualifying members attending the Annual Meeting. Eligible members include those in public-sector and public-service jobs for which the expense of travel and lodging would pose a financial burden.

Made possible by the generous contributions of ALI members and the support of the Independence Foundation, the program has grown significantly each year since it was first offered in 2011, when 10 members received a total of $9,600 in financial aid. This year, 54 members were approved to receive a total of over $47,000 in assistance to attend the 91st Annual Meeting in May. As participation in the program increases, the Institute’s work will benefit greatly.

Members eligible to apply for the Judges and Public-Sector Lawyers Expense Reimbursement program include:

• Judge, state • Prosecutor, local or state • Judge, federal • Prosecutor, federal • Government attorney, local or state • Lawyer employed by a nonprofit • Government attorney, federal focused on legal services for the indigent • Legal-service lawyer or public-policy issues • Public Defender, local or state • Lawyer in the Armed Forces • Public Defender, federal

The Judges and Public-Sector Lawyers Expense Reimbursement program will be offered again in 2015 for eligible members interested in attending the 92nd Annual Meeting. For more information, please contact Beth Goldstein, Membership Director, at 215-243-1666 or [email protected].

To make a contribution in support of the Judges and Public-Sector Lawyers Expense Reimbursement program, please contact Kyle Jakob, Development Manager, at 215-243-1660 or [email protected].

The first meeting of the chairs of the Regional Advisory Groups, FRONT ROW, from left: John A. Nadas, Beth Goldstein, Lance Liebman, Stephanie A. Middleton, Wallace B. Jefferson; MIDDLE ROW: Marvin L. Gray, Jr., Maury B. Poscover, Sheila L. Birnbaum, Yvonne Gonzalez Rogers, Larry S. Stewart, Robert A. Stein, Carolyn B. Lamm; BACK ROW: Teresa W. Harmon, Carolyn B. Kuhl, Richard L. Revesz, David W. Rivkin, Frank Sullivan, Jr., Roberta Cooper Ramo, Patrick V. Apodaca. Not pictured: Bernice Bouie Donald, Christine M. Durham, Anthony J. Scirica

Summer 2014 | 19 INSTITUTE IN THE Restatements Guide Courts in Decades-Long COURTS McKesson v. Islamic Republic of Iran Lawsuit

by Karen Van Gorder

For more than 30 years, an American company, McKesson right of action, and that Iran had violated that treaty. The district Corp. (formerly Foremost McKesson, Inc.), and several affiliated court then looked to Restatement Third of Foreign Relations entities, have been attempting to recover millions of dollars § 712 to determine that Iran was responsible under customary from the Islamic Republic of Iran, alleging that, in the wake of international law for an injury caused by a taking of property, the Iranian Revolution of 1979, the government expropriated and noted that the Treaty of Amity itself “incorporate[d] the plaintiffs’ equity interest in an Iranian dairy and denied plaintiffs Restatement standard.” Applying that standard, the court earned dividends. Over the many years of litigation, courts in the granted summary judgment for plaintiffs on the issue of liability. D.C. Circuit have turned to the Restatements of the Law on a dozen separate occasions, seeking guidance on a variety of legal Three years later, the district court again turned issues and finding support for arguments on both sides of this to Restatement Third of Foreign Relations complex case. § 712, this time to determine the appropriate amount of damages owed to plaintiffs. 116 F.Supp.2d 13 (May 26, After initial stages of litigation before the Iran–United States 2000). Specifically, the court applied provisions of § 712 to Claims Tribunal in The Hague, the McKesson case eventually indicate how customary international law would deal with tax made its way to U.S. federal courts. There, at an early stage of the considerations, exchange rates, entitlement to prejudgment case, Foremost-McKesson, Inc. v. Islamic Republic of Iran, 905 F.2d interest, and applicable rates of interest. The court ultimately 438 (June 15, 1990), the U.S. Court of Appeals for the District awarded judgment for plaintiffs based on these considerations. of Columbia Circuit was presented with the question of whether Iran could be held responsible for the actions of the entities The following year, after Iran attempted again to challenge that took over the dairy, such that Iran might be deprived of federal court jurisdiction to hear the case, this time on the the protections of sovereign immunity under the “commercial basis of the Arbitration Clause in the International Guaranty activity exception” to the Foreign Sovereign Immunities Agreement, the court of appeals affirmed in part the district Act of 1976 (FSIA). Remanding the case for further factual court’s rejection of this new jurisdictional argument, citing determinations as to Iran’s relationship with those entities, the Restatement Second of Trusts § 280 to support its argument. court looked to Restatement Third of Foreign Relations § 452 271 F.3d 1101 (Nov. 16, 2001). for direction on that issue. Shortly thereafter, in McKesson Corp. v. Islamic Republic of Iran, 138 F.R.D. 1 (July 5, 1991), plaintiffs In 2007, on reconsideration of the question of whether the moved to compel discovery to gather evidence to support their Treaty of Amity afforded plaintiffs a private right of action to “commercial activity exception” argument, and the D.C. district seek unpaid dividends, the district court relied on Restatement court, granting that motion, relied extensively on the factors Third of Foreign Relations § 907in holding that the Treaty found in Restatement Third of Foreign Relations § 442. afforded plaintiffs such a right despite the U.S. Solicitor General’s contrary interpretation. 520 F.Supp.2d 38 (July 18, Four years later, in McKesson Corp. v. Islamic Republic of Iran, 2007). On appeal, 539 F.3d 485 (Aug. 26, 2008), the court of 52 F.3d 346 (April 14, 1995), the court of appeals relied on appeals reversed this portion of the ruling, also citing § 907, Restatement Second of Agency § 26 in upholding the district concluding that international agreements generally did not court’s finding that a principal/agent relationship had indeed create private rights of action, and that there was no evidence in existed between Iran and the entities that took over the dairy the Treaty of an intent to create such a right. such that the “commercial activity exception” did in fact apply. In 2009, the district court was presented with the question In 1997, Iran presented a new argument, contending that the of whether plaintiffs had a cause of action under Iranian law original proceedings before the Claims Tribunal in The Hague and under customary international law. 2009 WL 4250767 should have been given preclusive effect beyond 1981 (the cutoff (Nov. 23, 2009). Finding that plaintiffs had causes of action date of the Tribunal’s jurisdiction). In rejecting that argument, under both sources of law, the court noted that “a cause of the district court cited Restatement Second of Judgments action for expropriation under customary international law § 84. 1997 WL 361177 (June 23, 1997). Also in that opinion, is incorporated in [Restatement Third of Foreign Relations the district court looked to Restatement Third of Foreign § 712].” Subsequently, in 2010, the district court found that, Relations § 111 in holding that the 1955 Treaty of Amity because Iran was liable under Iranian law and international between the U.S. and Iran provided plaintiffs with a private law, it was required to pay damages and prejudgment interest continued on page 22

20 | The ALI Reporter ALI Emeritus Council Member Bill Burke on Top of the World—Again!

On May 25, at the age of 72, ALI Emeritus Council member William M. Burke of Costa Mesa, CA, successfully reached the summit of Mt. Everest from the north side. He has made several expeditions to Mt. Everest, summiting from the south side in 2009 at the age of 67, and coming within 1,000 feet of the summit in 2010, 2011, and 2012. The accompanying photo shows him in the act of unfurling an ALI banner on the summit of Mt. Everest. Mr. Burke, who took up high-altitude mountaineering after his retirement from Shearman & Sterling, is the oldest American to climb Mt. Everest successfully and the oldest person in the world to summit the highest peak on every continent after the age of 60. He is the subject of an award- winning 46-minute documentary, Eight Summits, and maintains a blog about his experiences at eightsummits.com.

Notice to Deans: Young Scholars Medal Nominations Now Open

Nominations are now open for ALI’s Young Scholars Medal, an award bestowed every other year on one or two outstanding early-career law professors whose work is relevant to the real world and has the potential to influence improvements in the law.

Deans of law schools or their designees make the nominations, which are limited to one per school. The deadline for nominations is September 15, 2014. Nominators should submit a letter explaining why the nominee’s work is especially promising.

This year’s selection committee is chaired by Justice Goodwin Liu of the California Supreme Court. The committee includes:

Katharine T. Bartlett Jack B. Jacobs Stuart H. Singer Duke Law School (retired) Boies, Schiller & Flexner Delaware Supreme Court Rochelle C. Dreyfuss Henry E. Smith NYU School of Law George M. Newcombe Harvard Law School (retired partner) Christine M. Durham Simpson Thacher & Bartlett Kate Stith-Cabranes Utah Supreme Court Eric A. Posner Jesse M. Furman University of Chicago Law School David R. Stras U.S. District Court, S.D.N.Y. Minnesota Supreme Court Roberta Cooper Ramo Phoebe A. Haddon Modrall Sperling Jon S. Tigar Rutgers University–Camden U.S. District Court, N.D. Cal. Randall T. Shepard Howell E. Jackson Indiana University Harvard Law School Robert H. McKinney School of Law

Deans making nominations are asked to include the nominee’s complete CV, the names of one or two references (who need not be at the same law school), and one to three of the nominee’s writings, whether or not already published, that demonstrate scholarship with the potential to influence law reform. For more information, please e-mail [email protected].

Summer 2014 | 21 Why Your Charitable Contribution to The American Law Institute Is Important For more than 90 years, The American Law Institute has served in ALI’s projects regardless of financial constraints, as well as as the leading independent organization in the United States the Young Scholars Medal and symposium, which encourage working to clarify, modernize, and otherwise improve the law. practical legal scholarship and raise awareness of the Institute’s The Institute’s work is trusted and relied on by the courts, work while engaging the next generation in law reform. Support practitioners, and legislatures, as well as by law professors from members also enables ALI to increase the number of and students, as a result of its rigorous scholarly process and independence from outside sources. Reporters working on projects and the number of Adviser and MCG meetings, resulting in faster completion of projects. The legal world has seen significant change in the last century, and so has the publishing industry. More than ever, the To continue producing work of the highest quality, ALI needs financial support of ALI members is a crucial component of the active participation—both intellectually and charitably—of our overall funding since the Institute cannot rely as heavily on its members, and is grateful to all those who include the Institute revenue from books and other printed materials. By becoming in their annual-giving plans. a Sustaining Member, joining a Giving Circle, or making a general contribution, members like you help to insulate the ALI members can make a contribution to The American Law Institute from such changes, ensuring that our law-reform work continues uncompromised. Institute by choosing the Sustaining Member option on their dues statement, or by contacting Development Manager Kyle Gifts to the Institute also support its travel-assistance programs, Jakob at 215-243-1660 or [email protected]. To make a gift which ensure that all members have the opportunity to participate online, please visit www.ali.org/support.

Justices Look to Restatement of Torts continued from page 18 “expansive,” beyond Congress’s intent, and “contrary to the bedrock principle that restitution should reflect the consequences of the defendant’s own conduct.”

In remanding the case to the district court for calculation of a restitution award, the majority encouraged the court to make its assessment of Paroline’s conduct “in light of the broader causal process that produced the victim’s losses.” The Court characterized the assessment as one that was neither a “precise mathematical inquiry” nor a “rigid formula,” but rather one that involved the district court’s “use of discretion and sound judgment.”

In a dissenting opinion, Chief Justice Roberts, joined by Justices Scalia and Thomas, agreed with Paroline that no award was possible because Paroline’s contribution to the victim’s loss was not capable of calculation.

Justice Sotomayor, in a lone dissent, adopted the victim’s position and would have held Paroline jointly and severally liable for all of the victim’s losses. Relying on the Restatement of Torts, as well as the Restatement Second of Torts, and the Restatement Third of Torts: Apportionment of Liability, Justice Sotomayor argued that Congress would have expected joint and several liability to be imposed for intentional torts.

Restatements Guide Courts in Decades-Long Lawsuit continued from page 20 as provided for under customary international law as stated in § 712. 752 F.Supp.2d 12 (Nov. 19, 2010). On appeal, 672 F.3d 1066 (Feb. 28, 2012), the court of appeals concluded that Iran was liable under the Treaty of Amity as construed under Iranian law, but that plaintiffs did not have a cause of action under customary international law (citing but disagreeing with the district court’s § 712 analysis).

After decades of litigation and numerous recalculations by the courts, the district court ultimately awarded plaintiffs $29.3 million in damages. Iran petitioned the U.S. Supreme Court for certiorari, but the Court declined. Over the course of the litigation, plaintiffs were also awarded attorney’s fees totaling $13.4 million, but, in 2014, Iran challenged that award. In McKesson Corp. v. Islamic Republic of Iran, 2014 WL 2457622 (June 3, 2014), the court of appeals, reviewing that award, relied on Restatement Second of Conflicts § 136 to find in Iran’s favor. The court held that, “as the party seeking attorney’s fees under foreign law, McKesson [bore] the burden of establishing the substance of foreign law,” and because plaintiffs failed to dispute Iran’s evidence that an Iranian “official tariff” governed the amount of available attorney’s fees under Iranian law, that tariff applied here. Consequently, the court ordered that the attorney’s fee award be reduced from $13.4 million to $29,516, bringing a close to the 32-year lawsuit.

22 | The ALI Reporter Members Approve Restatement of Employment Law continued from page 3 preliminary version of Chapter 2, Consent (§§ 111-119), was presented by Reporters Ellen S. Pryor of UNT Dallas College of Law and Kenneth W. Simons of Boston University School of Law. Reporter Matthew L.M. Fletcher of Michigan State University College of Law and Associate Reporters Wenona T. Singel, also of Michigan State, and Kaighn Smith, Jr., of Drummond Woodsum fielded questions on Discussion Draft No. 2 of Restatement Third, The Law of American Indians, covering Chapter 1 on Federal–Tribal Relations. As expected, no vote was taken on either draft.

Justice Ginsburg Lauds Professor Casper as a ‘Contributor Supreme’ continued from page 7 praised Lance Liebman for serving “with outstanding judgment and understanding but always low-keyed and with a sense of irony and humor that has been most endearing.” Professor Casper said he hopes the Institute will “increase its attention to public law, even, God forbid, constitutional law.” What makes the Institute unique, he said, is that “it provides a place for the intelligent, rational discussion of important issues without the polarization that characterizes so much of our legislative discourse.” Our electoral system, Professor Casper said, has “more or less unlimited opportunities to buy influence” and “can hardly be viewed with much confidence or optimism.” As a result, he said, “we desperately need organizations such as The American Law Institute that put the premium on careful analysis of legal policies and on searching intellectual honesty.” He urged the Institute to “regularly convene focus or issue groups” enabling it “to address some of the pressing problems of our life as a nation,” such as the delivery of legal services, campaign finance, and “governance of the public realm.” He concluded by saying “I have loved The American Law Institute for 40 years.”

Wisdom Award Recipient Neil Cohen Touts ALI Work as ‘Exhilarating’ continued from page 7 In presenting the award, Professor Robert A. Stein, an emeritus member of the Institute’s Council and past President of the Uniform Law Commission, said that he had observed Professor Cohen’s “remarkable contributions to the work of the Institute over many, many years.” Many of those contributions, he said, involved Uniform Commercial Code revisions jointly sponsored by the ALI and the ULC, including Professor Cohen’s role on the committee that drafted the most recent comprehensive revision of Article 9, his service as Reporter for the revision of Article 1 of the UCC, his involvement in the comprehensive review of Articles 2 and 2A of the UCC, his work as the UCC Permanent Editorial Board’s Research Director that led to his being Co-Reporter of a very important PEB report on the application of the UCC to selected issues related to mortgage notes, and his service as an ALI Advisor or observer to a number of ULC projects relating to the UCC. Professor Stein also noted Professor Cohen’s role as Reporter for the Restatement Third of Suretyship and Guaranty, for which the Council designated him the R. Ammi Cutter Reporter, and his service as an important ALI representative to three major international law-reform organizations: UNIDROIT, UNCITRAL, and the Hague Conference on Private International Law.

Annual Meeting Survey Results continued from page 17 To ensure that ALI is communicating clearly about the option of a more affordable hotel, we asked respondents if they were aware that a block of less expensive rooms was available at the Marriott and the Club Quarters. Nearly 71 percent of the respondents said they were aware of the two additional hotel options. Respondents were asked where they stayed during the Meeting: 47 percent stayed at the Ritz-Carlton, 35 percent stayed at the Marriott, 4 percent at the Club Quarters, and the rest stayed with friends and family or at home.

We asked attendees to rate various aspects of the Meeting from excellent (5) to poor (1), including the marketing and communications, content on ALI’s website, the advanced-registration process, hotel choices, availability of drafts, and process for submitting motions and comments on drafts.

The highest rating went to the advanced-registration process (rated 4.80). The Annual Meeting Marketing/Communications also elicited a very positive evaluation, with an average rating of 4.53, as did the Meeting content on the ALI website with an average rating of 4.36. Hotel choices was rated lowest (3.69), but this is still in the very good to good range.

The “availability of drafts” was rated in the very good range (4.25), but there were comments about the late distribution of some of the drafts, which made it difficult for members to give each draft adequate consideration and made it difficult to submit motions in a timely manner. This suggests that the Institute staff should continue to press the project Reporters to submit drafts earlier, and should improve communication to members about when we expect the drafts to be available, as well as where to see the motions that have been filed. Although this information is available on the website, some respondents said that they did not know the procedure.

Summer 2014 | 23 Notes About Members and Colleagues

• Chief Justice Scott Bales of the • On June 26, six ALI members were House counsel and as the special assistant Arizona Supreme Court, a member of among those honored by The Legal to the President for justice and regulatory the Institute’s Council, was sworn in on Intelligencer as Pennsylvania’s Women of policy on the Obama administration’s June 27 as the new chief justice of the the Year at a luncheon in Philadelphia: Domestic Policy Council. court for a five-year term. Judge Anita B. Brody of the U.S. District Court for the Eastern District • Professor Joshua Dressler, the holder Catherine C. Carr • In June, Robert S. Barker, a professor of Pennsylvania; , of the Frank R. Strong Chair in Law, at the executive director of Community at Duquesne University School of Michael E. Moritz College of Law, The Legal Services of Philadelphia; Chief Law in Pittsburgh, PA, was awarded Ohio State University, in Columbus, has Judge Joy Flowers Conti of the U.S. a doctorate, honoris causa, by the been named Distinguished University District Court for the Western District Professor, a title conferred on full Universidad Nacional de Cajamarca, in of Pennsylvania; Jami W. McKeon, professors with exceptional records in Cajamarca, Perú, for his years of work in chair-elect of Morgan, Lewis & Bockius; teaching, research, scholarly or creative inter-American constitutionalism. Dianne M. Nast, the president of the work, and service. firm of NastLaw in Philadelphia; and • Gary Brian Stephanie Resnick, a partner in the • Professor J. Clifton Fleming, Jr., of Born , the Philadelphia office of Fox Rothschild. Brigham Young University’s J. Reuben chair of the Clark Law School in Provo, UT, was a International • Timothy W. Burns, a partner in the visiting professor this spring at Central Arbitration Madison, WI, office of Perkins Coie European University in Budapest, where Practice LLP, has been elected to the board of he presented a lecture at Corvinus trustees of the American Constitution Group at the University entitled “International Society for Law and Policy. law firm of Taxation in a Nutshell.” WilmerHale • In May, Robert A. Clifford, senior in London, BORN • Heather Gerken, a professor at Yale partner at Clifford Law Offices in England, Law School, and ALI Council member Chicago, and a past president of the participated on July 14 in a panel Yvonne Gonzalez Rogers, a judge on the Chicago Inn of Court, received the 2014 U.S. District discussion on “The Law of Foreign American Inns of Court Foundation Court for the Relations: An International Perspective” Professionalism Award for the Seventh Northern at WilmerHale’s London office, along Circuit during the Seventh Circuit’s with Campbell Alan McLachlan, a Annual Judicial Conference in Chicago. District of professor of international law at Victoria The award California University of Wellington, in Wellington, is given to in Oakland, New Zealand, and Paul B. Stephan, a a lawyer have been professor at the University of Virginia who has named by School of Law in Charlottesville, VA, and demonstrated Princeton University to a Coordinating Reporter for the Institute’s “sterling its Board of Restatement Fourth, The Foreign character and GONZALEZ ROGERS Trustees, Relations Law of the United States. Mr. unquestioned effective July 1. Professor Gerken and Born is the author of the second edition integrity, Judge Gonzalez Rogers, both Princeton of International Commercial Arbitration coupled with ongoing graduates, were elected by alumni to (Kluwer Law International BV 2014); dedication CLIFFORD serve four years as alumni trustees. Professor McLachlan’s forthcoming book to the highest standards of the legal is Foreign Relations Law (Cambridge profession and the rule of law.” • The Office of General Counsel University Press September 2014). has named David M. Gossett of • On May 12, University of Michigan Washington, DC, as Acting Deputy • Diane F. Bosse, Of Counsel to Hurwitz Law School Professor Steven P. Croley General Counsel for Litigation of the & Fine in Buffalo, NY, received the Erie of Ann Arbor was confirmed by the U.S. Federal Communications Commission. County Bar Association’s 2014 Lawyer Senate as general counsel of the U.S. He previously was Assistant General of the Year Award at the group’s 127th Department of Energy. Professor Croley Counsel for Litigation at the Consumer annual dinner in June. previously served as a deputy White Financial Protection Bureau.

24 | The ALI Reporter • Effective July 1, Phoebe A. Haddon, • Gillian L. Lester, the acting dean of state senate, carries a term that expires the former dean of the University of University of California, Berkeley School July 28, 2018. Maryland Francis King Carey School of Law, was appointed dean of Columbia of Law in Baltimore, assumed the post Law School, effective January 1, 2015. • Lee D. Powar, a partner in the of chancellor of Rutgers University– Dean Lester, who serves as an Adviser for Cleveland, OH, office of Hahn Loeser & Camden in New Jersey. Her successor Restatement Third, Employment Law, Parks, has been recognized as a leader in at the University of Maryland School of is a nationally recognized authority in the field of bankruptcy and restructuring Law will be Donald B. Tobin, formerly a employment law and policy. Robert in the 2014 edition of Chambers USA: professor with the Ohio State University’s E. Scott, a professor at Columbia Law America’s Leading Lawyers for Business. Michael E. Moritz College of Law. School, will serve as the school’s interim dean from July 1 until Dean Lester starts • Paul M. Schwartz, the • Former Delaware Supreme Court her tenure as dean. co-director of Justice Jack B. Jacobs, who retired from the Berkeley the court on June 25, will join the firm • ALI Director Emeritus Lance Center for of Sidley Austin as Senior Counsel, Liebman has been selected to the Law & effective October 1, 2014. He will be a Frankfort Independent Schools Technology member of the Mergers and Acquisitions Education Foundation Hall of Fame in Frankfort, KY. and a transactional and litigation practices, Co-Reporter as well as the Corporate Governance • California Supreme Court Associate for practice, and he will continue to reside Restatement SCHWARTZ in Wilmington, DE. Justice Goodwin Liu, a member of the Institute’s Council, received the Third, Information Privacy Principles, is now the Jefferson E. Peyser Professor Judicial Service award of the Southern • In March, the American College of Law at the University of California, California Chinese Lawyers Association of Bankruptcy presented its 2014 Berkeley School of Law. on May 1 in Los Angeles. On May Distinguished Service Award to ALI 18, Justice Liu delivered the keynote Council member , • In April, Lynn Hecht Schafran, address and received an honorary Judge of the Director of the National Judicial doctor of laws degree at Southwestern U.S. Court of Education Program at Legal Momentum Law School’s 99th commencement Appeals for the in , received the Visionary ceremony in Los Angeles. Fifth Circuit Award from End Violence Against in Houston. Women International at its International • Heather J. Meeker, formerly the The award Conference on Sexual Assault, Domestic co-managing partner of the firm of was given in Violence and Trafficking in Seattle Greenberg Traurig in East Palo Alto, recognition for her “leadership in seeking to end CA, is now a partner in O’Melveny and of Judge gender discrimination in all of its forms, Myers’s Silicon Valley office and a member including violence against women.” King’s seminal of the Technology Transactions Group. judicial role in KING • Evett L. Simmons, a partner in the the explication of the Bankruptcy Code • Professor Robert James Miller of and her contributions to charitable, Port St. Lucie, FL, office of Greenspoon Arizona State University’s Sandra Day Marder, has been appointed to a one-year educational, and health-related O’Connor College of Law in Tempe, the term on the American Bar Association’s organizations. Chief Justice of the Court of Appeals of Commission on Racial and Ethnic the Grand Ronde Tribe and an Adviser Diversity • ALI Council member Derek P. to Restatement Third, The Law of in the Langhauser, the general counsel of the American Indians, has been elected to Profession. Maine Community College System the American Philosophical Society, the The in South Portland, ME, has been oldest learned society in the United Commission named by the National Association of States, founded by Benjamin Franklin aims to College and University Attorneys as a in 1743. increase Fellow of the association, honoring his opportunities years of scholarship and his work to • Ronald A. Norwood, a member in in the legal advance the effective practice of higher- the St. Louis office of Lewis, Rice & profession education attorneys. NACUA also Fingersh, has been appointed by Gov. for lawyers of SIMMONS named him chair of the editorial board Jeremiah “Jay” Nixon to the Harris- diverse racial of Notre Dame’s Journal of College and Stowe State University Board of Regents. and ethnic backgrounds. University Law. The appointment, confirmed by the continued on page 26

Summer 2014 | 25 Notes About Members and Colleagues continued from page 25

• On May 14, Judge Elizabeth S. of Social Education, a publication of Third, Information Privacy Principles, Stong of the U.S. Bankruptcy Court the National Council for the Social delivered the commencement address on for the Eastern District of New York in Studies. Mr. Vish is of counsel at May 10 at Washington and Lee University Brooklyn, a member of the Institute’s Middleton Reutlinger. School of Law in Lexington, VA. Council, received the Brooklyn Bar Association’s annual Freda S. Nisnewitz • Christopher • Wisconsin Supreme Court Justice Award for Pro Bono Service at the Wolf, a Annette Kingsland Ziegler received Association’s annual meeting. partner in the the Distinguished Alumni Award from • An article by Donald H. Vish of Washington, the Hope College Alumni Association Louisville, KY, “Poetic Justice: Law and DC, office of Board of Directors in April. The award Literature in the Classroom,” appears in Hogan Lovells recognizes Justice Ziegler’s contributions the American Bar Association Division US and an to society and service to Hope College for Public Education’s column “Looking Adviser for and is the highest honor that alumni can at the Law” in the May/June issue Restatement WOLF receive from the association.

Chief Justice Roberts Presents Friendly Medal continued from page 6 question is not complicated. Friendly knew and understood and explained law better than anyone. In every area on which he wrote, his were the seminal and clarifying opinions, powerfully reasoned, balanced, and wise. At the business and art of judging, he was, quite simply, the best there was.”

But Judge Leval said some of Judge Friendly’s most admirable judicial qualities also contributed to the “obscuring of his reputation.”

“He was a judge’s judge, not flashy, not a headline grabber, not looking for quotable one-liners,” Judge Leval said. “… His opinions made difficult reading for lawyers, and their complexity made them inaccessible to those not trained in the law.”

But while Judge Friendly’s rulings “were not destined to make headlines,” Judge Leval said, “they were nonetheless the very finest exemplars of the judicial craft.”

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The members of The American Law Institute are an impressive group. We hear news every day about honors, accomplishments, and notable work.

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26 | The ALI Reporter Andreas Lowenfeld, Leader in International Law and Reporter on Two ALI Projects, Dies at Age 84

Andreas F. Lowenfeld, a giant in the field of international and The author of more than 18 books and treatises and 115 law comparative law who served on the NYU Law faculty for 47 review articles, Professor Lowenfeld also litigated before the years and took leading roles in two projects of The American Supreme Court of the United States, the Iran–U.S. Claims Law Institute, died on June 9 at his home in Riverdale, New Tribunal, and the International Court of Justice. York. He was 84. Professor Lowenfeld died less than two months after the death Professor Lowenfeld, known to friends and colleagues as Andy, of Elena, his wife of 51 years. According to the August 1962 was one of three Associate Reporters on the Restatement Third, announcement of their wedding in , Elena The Foreign Relations Law of the United States, a two-volume Machado was a teacher of classical guitar and a native of Cuba work led by Chief Reporter Louis Henkin and published in whose father was the Ambassador of Cuba to the United States 1987 that proved to be very influential both in the courts of the from 1950 to 1952. The wedding announcement also noted that United States and around the world. Professor Lowenfeld’s parents were both members of the New “Andy’s death marks the end of an era because he was the last York Psychoanalytic Institute, and that his grandfather, Raphael surviving Reporter from that tremendously important project,” Lowenfeld, was the biographer of Leo Tolstoy and the founder said ALI Director Richard Revesz, who was also Lowenfeld’s of the Schiller Theatre in Berlin. colleague and dean at NYU Law for many years. “We are just Andreas Frank Lowenfeld was born on May 30, 1930, in Berlin, now embarking on the Fourth Restatement of Foreign Relations Germany, to a family of German-Jewish doctors. He came to the Law, and it’s fair to say that the Reporters who are taking up the work on this project are very much standing on the shoulders of United States as a refugee from Nazism at age 8. After graduating Andy and his colleagues, who did such a spectacular job in this with distinction from Horace Mann School, he studied at area in the 1980s.” and earned a law degree at Harvard Law School in 1955. He served in the U.S. Army for two years and then Professor Lowenfeld was also a Reporter, along with his NYU went on to practice law with Hyde and de Vries in New York. Law colleague Linda J. Silberman, on ALI’s Recognition and Enforcement of Foreign Judgments, published in 2006. His career took an important turn when he was hired to work in the Legal Adviser’s Office of the U.S. Department of State. Elected to the ALI in June 1978, Professor Lowenfeld also served In more than five years in that office, he held several posts and as an Adviser on Principles of Transnational Civil Procedure, provided counsel to President John F. Kennedy during the and was on the Members Consultative Group for Restatement Cuban Missile Crisis, and later to President Lyndon Johnson. Third, The U.S. Law of International Commercial Arbitration. He was also part of the ALI delegation to the Hague Conference Professor Lowenfeld is survived by his son, Julian, and daughter, on Private International Law. Marianna, and three grandchildren.

In Memoriam

Elected Members G. Lane Ware, Wausau, WI; Robert B. Webster, Beverly Hills, MI

Ex Officio Member William J. Holloway, Jr., Oklahoma City, OK

Life Members Alan R. Bromberg, Dallas, TX; Michael P. Dooley, Charlottesville, VA; J. Chrys Dougherty, Austin, TX; Joseph Hinsey IV, Lexington, MA; Richard Julien, Belvedere, CA; Cornelia G. Kennedy, Detroit, MI; Andreas F. Lowenfeld, New York, NY; James B. May, Vero Beach, FL; William Prickett, Wilmington, DE; Lester H. Salter, Providence, RI; Roy A. Schotland, Washington, DC; Alicemarie H. Stotler, Yorba Linda, CA; Blake Tartt, Houston, TX; Rosalie E. Wahl, Lake Elmo, MN

Summer 2014 | 27 (ISSN 0164-5757) PRESORTED The American Law Institute 1ST CLASS 4025 Chestnut Street U.S. POSTAGE Philadelphia, PA 19104-3099 PAID LANGHORNE, PA PERMIT NO. 81

Calendar November 2014 of Upcoming Meetings & Events 6 Reception for ALI Members (for more information, visit www.ali.org) Sponsored by DLA Piper, San Francisco, CA

6-7 Restatement Third, Information Privacy September 2014 Principles. San Francisco, CA 4-5 Principles of the Law of Liability 6 – Advisers Insurance. ALI Headquarters, 7 – Members Consultative Group Philadelphia, PA 4 – Advisers 13-14 Restatement Third, The Law of 5 – Members Consultative Group Consumer Contracts. Gleacher Center, Chicago, IL 19 Model Penal Code: Sentencing 13 – Members Consultative Group ALI Headquarters, Philadelphia, PA 14 – Advisers Joint Meeting of Advisers and Members Consultative Group 20-21 Restatement Fourth, The Foreign Relations Law of the United States – 29 Restatement Third, The U.S. Law of Sovereign Immunity, Jurisdiction, International Commercial Arbitration and Treaties. ALI Headquarters, ALI Headquarters, Philadelphia, PA Philadelphia, PA Joint Meeting of Advisers and Members Joint Meeting of Advisers and Members Consultative Group Consultative Group (both days)

October 2014 December 2014 30 Model Penal Code: Sexual Assault and 4 Principles of Election Law: Resolution of Related Offenses.New York, NY Election Disputes. Washington, DC Joint Meeting of Advisers and Joint Meeting of Advisers and Members Members Consultative Group Consultative Group

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