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The ALI Reporter Fall/Winter 2014

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VOLUME 37 • NUMBER 1 FALL/WINTER 2014 The ReporterPublished By The American Law Institute DEDICATED TO CLARIFYING AND IMPROVING THE LAW Four New Projects to Begin in 2015 The work of The American Law Institute will grow significantly in 2015 with the launch of four new projects. In October, the ALI Council approved the commencement of work on three new Restatements of the Law—Conflict of Laws, Copyright, and Property—as well as a Principles of the Law project on Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations. The Institute will tackle the subject of conflicts for the third time, some 80 years after the original Restatement of Conflicts was published in 1934. The Restatement of the Law Third, Conflict of Laws, will eventually supersede the Restatement Second, Conflict of Laws, published in 1971 and partially revised in 1988. The Second Restatement’s “most significant relationship” analysis has been widely accepted by courts, but has also been criticized for its difficulty of administration. Like its predecessors, the new Restatement will cover choice of law, including related issues such as dépeçage and renvoi; judicial jurisdiction; and recognition and enforcement of judgments. The Reporter, Professor Kermit Roosevelt III of the University of Pennsylvania Law School, will be assisted by Associate Reporters Laura E. Little of Temple University Beasley School of Law and Clockwise from top left: Reporters Kermit Roosevelt III, Henry E. Smith, Christopher A. Whytock of the University of California, Irvine School Geoffrey P. Miller, and Christopher Jon Sprigman. of Law. continued on page 2 The President’s Letter A Giant Step for Simplicity The October Council meeting was notable for many reasons. It The Council discussed in great detail, and then approved, was preceded by a six-hour Program Committee retreat during portions of three project drafts: Restatement Fourth, The which the Program Committee reviewed each of our 13 current Foreign Relations Law of the U.S. (sovereign immunity); projects and discussed new projects that Director Richard Revesz Restatement Third, Torts: Intentional Torts to Persons; and proposed to the Committee for recommendation to Council. The the Principles of Government Ethics. These drafts, along with four new projects approved by the Council—copyright, conflict of additional drafts going to Council for its January meeting, laws, corporate compliance, and property—are described in some will give ALI members a full agenda of work in May. detail in this newsletter. This was the first Council meeting with Ricky Revesz as Director and Lance sitting as a Council member. In the “Giant Step for Simplicity” department, at the This continuity of leadership is enormously important to us, as our suggestion of the Director and after a long discussion, first at projects take more than a nanosecond to complete. Lance will also the Program Committee and then at the Council, the Council serve as the ALI Ambassador to the European Law Institute. approved changing the way our Restatements are numbered continued on page 22 Four New Projects to Begin in 2015 continued from page 1 The ALI’s previous work on the Restatement of Property has resulted in 17 volumes published from the 1930s to 2011. The proposedRestatement of the Law Fourth, Property, seeks to bring comprehensiveness and coherence to the wide-ranging field of American property law. Subjects to be covered include the classification of entitlements, possession, accession, and acquisition; ownership powers; protection of and limits on ownership; divided and shared ownership; title and transfer; easements, servitudes, and land use; and public rights and takings. Professor Henry E. Smith of Harvard Law School has been designated the project’s Reporter. Serving as Associate Reporters are: Sara C. Bronin, University of Connecticut School of Law; John C.P. Goldberg, Harvard Law School; Daniel B. Kelly, Notre Dame Law School; Brian A. Lee, Brooklyn Law School; Tanya D. Marsh, Wake Forest University School of Law; Thomas W. Merrill, Columbia Law School; and Christopher M. Newman, George Mason University School of Law. editor Copyright law represents a new undertaking for the ALI. The Restatement of the Marianne M. Walker Law, Copyright, will encompass general copyright law, including the subject matter (215) 243-1627 of copyright; the scope of exclusive rights granted by copyright; copyright formalities; [email protected] rules governing ownership and transfer of copyright; copyright infringement; defenses to copyright infringement; and remedies. Professor Christopher Jon Sprigman of New York associate editor University School of Law is the Reporter. Designated as Associate Reporters are: Daniel Todd David Feldman J. Gervais of Vanderbilt Law School; Lydia Pallas Loren of Lewis & Clark Law School; (215) 243-1682 R. Anthony Reese of the University of California, Irvine School of Law; and Molly S. [email protected] Van Houweling of the University of California, Berkeley School of Law. chief communications & marketing officer Addressing the need for a set of recommended standards and best practices on the law of Jennifer L. Morinigo compliance and risk management, Principles of the Law, Compliance, Enforcement, (215) 243-1655 and Risk Management for Corporations, Nonprofits, and Other Organizations, [email protected] is expected to have four parts: compliance, enforcement, risk management, and governance. Reporter Geoffrey P. Miller of New York University School of Law will managing editor be assisted by Associate Reporters Jennifer H. Arlen of New York University School of Shannon P. Duffy Law, James A. Fanto of Brooklyn Law School, and Claire A. Hill of the University of (215) 243-1694 Minnesota Law School. [email protected] contributors Patricia Daly [email protected] Follow Us Online Kyle Jakob [email protected] In addition to posting relevant news items on ali.org, The American Andrea Wooster Law Institute is sharing news about our work and our members on [email protected] LinkedIn and Twitter. Follow us at: membership director linkedin.com/company/the-american-law-institute Beth M. Goldstein (215) 243-1666 [email protected] @AmLawInst The ALI Reporter (ISSN 0164-5757) is pub- lished quarterly by The American Law Insti- tute, 4025 Chestnut Street, Philadelphia, PA Do you have news that you’d like us to share? Did you 19104-3099. First-class U.S. postage paid at publish an article, get quoted in the press, appointed to a Langhorne, PA. board, or win an award? Let us know. Email the details POSTMASTER: Send address changes and to [email protected]. any other communications to 4025 Chestnut Street, Philadelphia, PA 19104-3099. 2 | The ALI Reporter Titles Changed as Council Simplifies Numbering Protocol Two Principles Projects Converted to Restatements While the mission of The American Law Institute is to clarify, modernize, and otherwise improve the law, the Institute at times MODIFIED TITLES must pause to clarify and modernize its own work product. Number Removed Now is one of those times. Restatement of the Law, Consumer Contracts In a move that will simplify the way courts, lawyers, librarians, and law students refer to and cite ALI’s work, the ALI Council Restatement of the Law, Employment Law voted in October to modify our numbering protocol, effectively changing the titles of many of the Institute’s ongoing projects. Restatement of the Law, The Law of American Indians In a separate vote, the Council converted two projects from Restatement of the Law, The U.S. Law of International Principles of the Law to Restatements of the Law. Commercial Arbitration ALI Director Richard Revesz explained that the numbering system devised in 1952 had become confusing. Under the Converted From Principles To Restatement old system, whenever a new Restatement series had begun, all subsequent projects would take on the number of that series— Restatement of the Law, Charitable Nonprofit even if the project were being done for the first time. Organizations As a result, several projects started within the past decade in areas Restatement of the Law, Liability Insurance of law never before addressed by ALI—such as Employment Law New Project Titles and The Law of American Indians—were titled as part of the Third series of Restatements. Restatement of the Law, Copyright Those projects will now carry titles without any number. Restatement of the Law Fourth, Property The first book to be published under the new protocol will be Restatement of the Law Third, Conflict of Laws Restatement of the Law, Employment Law, which was approved by the ALI membership at the Annual Meeting in May 2014 Principles of the Law, Compliance, Enforcement, and and is expected to be published in 2015. Risk Management for Corporations, Nonprofits, and Other Organizations However, no change will be made to titles where the numbering is needed to distinguish the current project from previous Unchanged Titles projects in the same area of law, such as the two current Torts projects now underway, which were titled Restatement of the Restatement of the Law Fourth, The Foreign Relations Law Third because they replace portions of the four-volume Law of the United States Restatement of the Law Second, Torts. Restatement of the Law Third, Torts: Intentional Torts Similarly, because the Institute had already published the to Persons Restatement of the Law Third, The Foreign Relations Law of the United States, the new project in that area must be titled Restatement of the Law Third, Torts: Liability for Restatement of the Law Fourth. Economic Harm Fall / Winter 2014 | 3 Q&Awith Peter Winograd Professor Peter A. Winograd was elected to The American Law my career, fundraising has never been a main responsibility. On Institute in 1989 and served last year as one of three co-chairs of the rare occasion when I was asked to solicit a contribution, the 1989 Life Member Class Gift campaign. The campaign far it involved taking someone out to a fancy dinner, culminating exceeded its goal of $150,000 by raising $185,891.
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