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2015-2016 ALI Annual Report 2015-2016 THE AMERICAN LAW INSTITUTE ANNUAL REPORT INTRODUCTION TO THE AMERICAN LAW INSTITUTE .................................................3 PRESIDENT’S MESSAGE ......................................................................................................... 4 DIRECTOR’S MESSAGE ............................................................................................................5 THE AMERICAN LAW INSTITUTE .........................................................................................6 LEADERSHIP CHANGES ..........................................................................................................8 THE HENRY J. FRIENDLY MEDAL........................................................................................ 11 IMPROVING COMMUNICATIONS THROUGH TECHNOLOGY .................................... 12 CURRENT PROJECTS ............................................................................................................. 12 PUBLICATIONS ........................................................................................................................20 BENNETT BOSKEY ................................................................................................................. 22 AMERICAN LAW INSTITUTE CLE ...................................................................................... 23 MEMBERSHIP ........................................................................................................................... 24 COMMITTEES............................................................................................................................ 26 CONDENSED CONSOLIDATED STATEMENTS OF ACTIVITIES ................................ 28 CONDENSED CONSOLIDATED STATEMENTS OF FINANCIAL POSITION ........... 29 ANNUAL GIVING REPORT ...................................................................................................30 HONORARY AND MEMORIAL GIFTS ................................................................................ 31 THE 1991 LIFE MEMBER CLASS GIFT ............................................................................... 32 BEQUEST SOCIETY ................................................................................................................ 34 DONATIONS .............................................................................................................................. 34 SUSTAINING MEMBERS ........................................................................................................ 36 WAYS TO GIVE .........................................................................................................................40 “BUT WE ARE THINKING … OF THE LESS EMPHASIZED DUTY THAT THE LAWYER OWES TO THE LAW ITSELF, TO CONTRIBUTE TO ITS IMPROVEMENT, TO ITS ADEQUACY, TO ITS CERTAINTY, TO ITS APPROPRIATE EXPOSITION. IN THE GREAT TASK THIS INSTITUTE HAS ASSUMED WE ARE PLEDGING OUR SERVICE TO THE HIGHEST OF CAUSES.” SECRETARY OF STATE AND LATER U.S. SUPREME COURT CHIEF JUSTICE CHARLES EVANS HUGHES 1924 ALI ANNUAL DINNER ADDRESS ANNUAL REPORT 2015–2016 | 3 Introduction to The American Law Institute The American Law Institute was founded in 1923 in response to concerns that the body of American common law was both uncertain and complex. A group of prominent judges, lawyers, and academics formed the “Committee on the Establishment of a Permanent Organization for the Improvement of the Law” and published a report recommending that an organization be formed to improve the law and its administration. This led to the creation of the ALI. The Institute’s mission, as set out in its charter, is “to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.” For more than nine decades, the ALI has gathered the best minds in the American bar—judges, lawyers, and law professors— to accomplish its mission. The courts have come to trust and rely on the ALI’s work due to its careful drafting process, its independence and integrity, and the intellectual caliber of those who participate in the Institute’s projects. Federal and state courts routinely look to the ALI’s work for guidance in resolving questions of law. Publications and Projects Membership The ALI drafts, discusses, revises, and publishes Restatements of the Law, The ALI is limited to 3,000 elected members model statutes, and Principles of the Law that are enormously influential in who are lawyers, judges, and law professors of the courts and legislatures, as well as in legal scholarship and education. the highest qualifications. The Institute also has ex officio members and life members, for The ALI has long been influential internationally and, in recent years, a total membership of more than 4,500. By more of its work has become international in scope. It collaborates with participating in the ALI’s work, its distinguished numerous international law organizations and served as a model for the members have the opportunity to influence the European Law Institute founded in 2011. development of the law in both existing and emerging areas, to work with other eminent The ALI addresses uncertainty in the law by developing restatements lawyers, judges, and academics, to give back to a of legal subjects that are primarily addressed to courts. Restatements profession to which they are deeply dedicated, of the Law contain clear formulations of common law and its statutory and to contribute to the public good. elements or variations and reflect the law as it currently stands or might appropriately be stated by a court. Funding The ALI also examines and analyzes legal areas in need of reform. Principles of the Law are primarily addressed to legislatures, administrative agencies, The ALI’s operating revenue is primarily or private actors. They can, however, be addressed to courts when an area derived from publishing, educational programs, is so new that there is little established law. Principles may suggest best membership dues and contributions, and practices for these institutions. rental income from its headquarters building in Philadelphia. The financial support of the ALI’s Statutory projects include the Uniform Commercial Code (in conjunction members and partners is vital to its long-term with the Uniform Law Commission), Model Code of Evidence, and Model financial stability. As a public charity under Penal Code. section 501(c)(3) of the Internal Revenue Code, all donations to the ALI are tax deductible to the There are currently 20 active projects that the ALI is undertaking. For a full full extent of the law. list of current projects with short descriptions, please see pages 12-19 of this Annual Report. COMPLETED RESTATEMENTS OF THE LAW INCLUDE: COMPLETED PRINCIPLES OF THE LAW INCLUDE: Agency Property Conflict of Laws Restitution and Unjust Aggregate Litigation Contracts Enrichment Corporate Governance Employment Law Suretyship and Guaranty Family Dissolution Foreign Relations Law of the Torts Software Contracts United States Trusts Transnational Civil Procedure Judgments Unfair Competition Transnational Insolvency The Law Governing Lawyers Transnational Intellectual Property 4 | THE AMERICAN LAW INSTITUTE President’s Message Ninety-three years ago, there who attend our meetings of all kinds also add by donating to was enough unsettled in the our funds. We note that in this year, while we lost the great American legal world that the intellect of our 35-year Treasurer Bennett Boskey, who died titans who were our founders at age 99, he left us a major bequest from his estate. We will took their precious time and devote Bennett’s bequest to funding our ongoing work. His capital to found the ALI. Using spirit survives among us in the Boskey motion that allows us their intellectual and personal to approve each of our drafts in the most efficient way, while powers they wanted to bring taking into account the input of the Council and our members. reason and simplification His bequest helps us insure that we have the financial means to pull the patchwork quilt to continue our work. of American common law decisions together to serve the new nationwide economy. Our work is made better not only when you read and comment We were then united by highways and rail, and by radio and on the drafts, but also importantly when you come to the telegraph, and desperately needed a civil legal system that project meetings and to the Annual Meeting. There is not while based in state law, would work across the country. much nuance on the internet, helpful as it is in allowing our Reporters to hear from those interested in the work. It is when They invented the ALI with its ideas of Restatements and we meet in person that the work reaches the high bar that we other deeply important legal thinking and writing. But they set for the Restatements, Principles, and our Model Codes. also invented a bicameral body that required that a stable It is in listening to the conversations of our colleagues that Council and the more fluid body that is the Annual Meeting we advance our thinking and make our writing good enough of the membership join to approve anything that is to bear that we are ready to vote on it, and are then comfortable in the imprimatur of the ALI. We have survived depressions, publishing it for use in the courts and by lawyers at all levels recessions, war, and upheaval in our streets and our culture and for examination over time by scholars.
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