VOLUME 32 • NUMBER 1 FALL 2009

The ReporterPublished By The American Law Institute

dedicated to clarifying and improving the law

XX The President’s Letter Capital Punishment and Other Matters Last May at the Annual Meeting, after (The Council report, dated April 15, At both the Council meeting and the thoughtful debate our members voted in 2009, is accessible on the Institute’s web- earlier Program Committee meeting, the favor of an amendment to a recommenda- site at http://www.ali.org/doc/Capital%20 general discussion about § 210.6 led to a tion of the Council that § 210.6 of the Punishment_web.pdf.) Because it was not look at other sections of the Model Penal Model Penal Code dealing with the death the exact recommendation of the Council, Code that also seem out of date and in penalty be withdrawn. The exact language of the motion that passed, with some members abstaining, was: …the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to For reasons stated in Part V of the ensuring a minimally adequate system for administering capital punishment. Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural this motion did not become ALI policy need of revision. That certainly applies to obstacles to ensuring a minimally ade- but was referred back to the Council for its the sections addressing the crime of rape quate system for administering capital further deliberation and vote. and to the absence in the Code of crimes punishment. newly defined in the era of electronic com- At the October Council Meeting, a strong munication. Given the Council’s interest, majority of the Council voted, with absten- the Director and the Program Committee tions, to accept the motion passed by the agreed to consider other criminal-law top- Inside… membership in May, and it now becomes ics suitable for the Institute’s attention. ALI policy. As with the meeting of the Reporter Kevin Reitz is doing excellent members in May, the Council discussion work on the sentencing portions of the Wilson Minute in was appropriately serious and substantive. Model Penal Code. Remembrance page 4 continued on page 3 Council Affirms Membership Vote to Withdraw New Project on Government Ethics Capital Punishment Section from Model Penal Code page 5 On October 23 the ALI Council voted to accept the resolution approved by the mem- bership at the 2009 Annual Meeting to withdraw § 210.6, dealing with capital punish- Fall Meetings ment, from the Model Penal Code. (For more information, including the exact wording page 6 of the resolution, see also the President’s Letter on page 1.)

Having been approved by both the Institute’s membership and its Council, this reso- Notes About Members and lution is now the official position of The American Law Institute. The Council’s vote Colleagues brings to a conclusion more than two years of research, study, and discussion that began page 7 when Professors Roger S. Clark of Rutgers – Camden School of Law and Ellen S. Podgor of Stetson University College of Law moved at the 2007 Annual Meeting that the Institute take a position against the death penalty in connection with its work revis- ing the sentencing provisions of the Model Penal Code.

continued on page 2 New Members Elected On September 21, the Council elected the following 68 persons as the newest members of the Institute:

Keith Aoki, Davis, CA; Oren Bar- Los Angeles, CA; Richard L. Hasen, Rebecca C. Morgan, St. Petersburg, FL; Gill, New York, NY; Jennifer S. Bard, Los Angeles, CA; Berta Hernandez, Brian Morris, Helena, MT; Luz Estella Lubbock, TX; Levi J. Benton, Houston, Gainesville, FL; Tanya K. Hernandez, Nagle, St. Petersburg, FL; Joseph E. TX; Bruce J. Berger, Washington, New York, NY; Allyson N. Ho, Houston, Neuhaus, New York, NY; Kenneth A. DC; Daniel B. Bogart, Orange, CA; TX; Lonny S. Hoffman, Houston, TX; Oliphant, Vienna, Austria; Maria L. Peter J. Boyer, Philadelphia, PA; Jeffery P. Hopkins, Cincinnati, OH; Jill Ontiveros, San Francisco, CA; Carolyn Thomas J. Buiteweg, Ann Arbor, MI; R. Horwitz, Ann Arbor, MI; Philip K. S. Ostby, Billings, MT; Eric J. Pan, New John L. Carroll, Birmingham, AL; Howard, New York, NY; Anthony D. York, NY; Gordon J. Quan, Houston, William N. Clark, Birmingham, AL; Johnstone, Helena, MT; Claire R. Kelly, TX; W. Michael Reisman, New Haven, Bradley G. Clary, Minneapolis, MN; Brooklyn, NY; Julio A. Kelly, Buenos CT; Mark A. Rothstein, Louisville, KY; Gregory S. Coleman, Austin, TX; Aires, Argentina; Jeffrey S. Kinsler, Adam W. Samuel, London, England; Angela Joy Davis, Los Angeles, CA; Greensboro, NC; Christopher M. Jon M. Sands, Phoenix, AZ; Elliot Charles S. Duggan, New York, NY; Klein, Sacramento, CA; M. Sue Kurita, B. Scherker, Miami, FL; Thomas D. James J. Eisenhower, Philadelphia, PA; El Paso, TX; Arthur B. Laby, Camden, Charles R. Eskridge III, Houston, TX; NJ; Steve Leben, Topeka, KS; Wilma Schroeder, Winston-Salem, NC; David Michael S. Flynn, New York, NY; Holly B. Liebman, Washington, DC; Lisa R. Stras, Minneapolis, MN; Cindy G. Fujie, Los Angeles, CA; Eileen Gauna, Luis, Houston, TX; Pedro A. Malavet, Thyer, Paragould, AR; Loren Tucker, Albuquerque, NM; Marc J. Goldstein, Gainesville, FL; Pamela A. Mann, Virginia City, MT; Leti Volpp, Berkeley, New York, NY; Jane Cutler Greenspan, New York, NY; Michael J. Marchand, CA; Cheryl L. Wade, Jamaica, NY; Philadelphia, PA; Joanna L. Grossman, Plano, TX; M. Scott McDonald, Dallas, Spencer W. Waller, Chicago, IL; Toni P. Hempstead, NY; Gillian K. Hadfield, TX; Jacob M. Monty, Houston, TX; Wise, East Palo Alto, CA

Council Affirms Membership Vote continued from page 1 editor Marianne M. Walker At its meeting in New York on October 22 and 23, the Council also approved two (215) 243-1627 Council Drafts for submission as Tentative Drafts to the membership at the 2010 Annual [email protected] Meeting: §§ 8.01 through 8.08 of Chapter 8 of the Restatement Third of Employment associate editor Law, dealing with the employee’s duty of loyalty (there was insufficient time to discuss Todd David Feldman the Chapter’s last three sections), and certain proposed revisions to U.C.C. Article 9 on (215) 243-1682 secured transactions. [email protected]

The Council also reviewed Chapter 1 (Relationship Between the Charity and the State) of membership information Reporter Evelyn Brody’s draft for the Principles of the Law of Nonprofit Organizations. Beth M. Goldstein Professors George Bermann and Catherine Rogers, Reporter and one of the Associate (215) 243-1666 Reporters for the Restatement Third, the U.S. Law of International Commercial [email protected] Arbitration, presented Chapter 5, dealing with recognition and enforcement of arbitration production & design awards, for the Council’s discussion. In each case the Reporters received helpful feedback. Matthew Born The Council also approved the commencement of a new ALI project on ethics in govern- (215) 243-1685 ment. (See article on page 5.) [email protected]

In other business, the Council confirmed Director Lance Liebman’s appointment of 31 The ALI Reporter (ISSN 0164-5757) is pub- Advisers to the International Commercial Arbitration project; their names are posted on lished quarterly by The American Law Institute, the Institute’s website, www.ali.org, under the “Projects” link. 4025 Chestnut Street, Philadelphia, PA 19104- 3099. Periodicals postage paid at Lancaster, PA. Following longstanding custom, two new Council members were invited to make brief POSTMASTER: Send address changes and any other communications to 4025 Chestnut Street, remarks to introduce themselves to their colleagues at the Council dinner on October 22. Philadelphia, PA 19104-3099. Derek P. Langhauser, General Counsel of the Maine Community College System, and Judge Elizabeth S. Stong of the U.S. Bankruptcy Court in Brooklyn accomplished their task with grace and humor.

2 | The ALI Reporter The President’s Letter continued from page 1

To obtain suggestions of other law- I mention this work especially because that our country faces have made the reform topics the Institute might address, litigators on our Council have made work of law reform at the highest levels and to help our members understand the point that many lawyers and judges ever more important. We hope soon to the process by which we select proj- would find the new Restatement terrifi- launch a new project on election law, our ects, Judge Paul Friedman, Chair of the cally helpful but may not appreciate the Principles of Nonprofit Organizations Program Committee, and Director Lance amount of practical guidance related to project continues to evolve, and Lance is Liebman plan to host an early-morning litigation to be found in it, because they working hard to help us define the right gathering for interested members at our may not normally think of Restitution place for us to be helpful in the area of next Annual Meeting in May 2010 in in any number of commercial situations. financial regulation. Washington, D.C., at the Mayflower If any of you are in that group, you hotel. For those of you particularly inter- will want to pay special attention to We are proud to have a small but efficient ested in this meeting about project devel- the e-mail we send to the membership staff that somehow manages to get our opment, I hope you will put our Annual proudly announcing the publication of many meetings organized beautifully, keep Meeting dates—May 17-19, 2010—on Restitution Third. up with multiple projects, and deal with your calendar now. If you can’t attend all of the other issues that nonprofits face the entire Meeting, keep your eye on our these days. Elena Cappella, our Deputy website, where the agenda, with dates …many lawyers and Director, announced in September that attached, will be posted by February. judges would find the new she will, after almost 20 years, be leav- ing the ALI at the end of the Annual In December the Council will review the Restatement terrifically helpful Meeting, and we have all expressed our final two chapters and the revised first but may not appreciate the appreciation for her faithful and tremen- chapter of the Restatement of Restitution dously intelligent hard work. and Unjust Enrichment, the superb amount of practical guidance work of our Reporter Andrew Kull and related to litigation to be As always, I look forward to hearing from our first-rate Advisers and Members found in it, because they you about substantive or organizational Consultative Group. If approved by the issues. We are a relatively small group, but Council, these new sections will be a fea- may not normally think of our terrific combination of fine lawyers, ture of the 2010 Annual Meeting, when Restitution in any number of great judges, and distinguished schol- the membership will have the chance ars working together continues to make to discuss the material and, I hope, to commercial situations. American law better in many important approve it. Meanwhile, Andrew is review- ways. I thank each of you for taking the ing all previously approved chapters, with time to participate in our serious work. the expectation that he will have a revised This brings me to ask yet another ques- manuscript of the whole by mid-2010. So tion of you as members: Please let me Snow on the mountains, sun in the sky, far, he believes that his changes are edito- know whether you would find interesting pinion wood ready for the winter for us. rial improvements within the boundaries and useful a one- or two-hour web ses- . . . Hope your fall is beautiful, too. of the Boskey Motion.* As they are not sion with the Reporters on some of our substantive or fundamental, they will not projects as they near completion. Having Roberta require additional review by the Council heard some of the great discussions by our Roberta Cooper Ramo or by the membership at an Annual Reporters on Aggregate Litigation and President Meeting. However, Lance Liebman is Restitution, among other subjects, I have exploring with Andrew the possibility of wished that all of you could benefit from asking committed members to review his those comments, and thought perhaps a changes and also of posting the revised webcast would be an efficient way to do * As many members know, the Boskey Motion, work for general comments. That way, that. We will soon send you an e-mail named for our Treasurer Bennett Boskey and we can assure that, notwithstanding edi- with a link to a brief Member Survey ask- customarily made by him, is the motion for torial changes, the substance of the work ing you this question and also containing approval of a draft made after the draft has remains accurate and clear. As we figure a box for comments. been substantially debated. The motion is out an appropriate review process, we will stated to be subject to two conditions: “subject advise you. What we don’t want to do is As you will see elsewhere (page 2), we to the discussion at the meeting, and subject delay the final publication of this impor- have elected 68 new members in the to the usual editorial prerogative”; the latter tant Restatement for another year. last few months, and we look forward condition means that flexibility is allowed for to the additional vigor they will bring changes in language, arrangement, and style, to our activities. The serious problems but not changes in substance.

Fall 2009 | 3 On October 22, 2009, the following Minute in Remembrance was read at the Council Meeting: — Minute in Remembrance — James H. Wilson, Jr. November 26, 1920 – April 18, 2009

On April 18 of this year we lost a fellow the law firm of Sutherland, Tuttle and Tax Program Committee—and he was Council member, James H. Wilson, Jr., Brennan—now Sutherland, Asbill & actively involved in two Federal Income who had served with distinction for 34 Brennan—rather than to clerk or teach. Tax Projects, one entitled Subchapter C: years. He transferred to emeritus status in Jim became a partner six years later, in Proposals on Corporate Acquisitions and May of last year. 1953, and remained a partner until his Dispositions, and one on Integration of death. His practice focused on the corpo- the Individual and Corporate Income Jim’s career was truly extraordinary. He rate- and income-tax aspects of business Taxes. was born in 1920 in the tiny town of transactions and included trial and appel- Oliver, Georgia, the son of a Methodist late work in the tax field. Jim also served for three years as a mem- minister. The birthplace could ber of our 75th Anniversary easily have been elsewhere, Committee and, more recently, because Methodist Church pol- ”In the practice of law, Jim was truly a giant.” as a member of the Special icy required a minister to move Committee on Bylaws and to a different town every few Rules of the Council. years. But the rural background of his earliest years undoubtedly helped to Within the Sutherland Asbill firm, the In 1975 President Ford’s staff and legal shape Jim’s personality. tributes and accolades to Jim and the advisers included Jim’s name on a list articulated memories have been as warm of possible appointees to replace retir- His brilliance academically must have and moving as one could possibly imag- ing Supreme Court Justice William O. been evident in the course of his early ine. He was a revered leader of the firm Douglas. Although the ultimate choice schooling, because he entered Emory and an exemplar for young lawyers. As was John Paul Stevens, the recognition University at the age of 15. He graduated one partner observed: was an honor and a testament to Jim’s from Emory at the age of 19, at the top legal career and reputation. of his class and a member of Phi Beta In the practice of law, Jim was truly a Kappa. Upon graduation from Emory in giant. He used his awesome intellec- In addition to his service to the ALI, Jim 1940, he entered Harvard Law School. tual and analytical abilities, as well as gave of himself to many organizations. His first-year grades at Law School placed innate practicality, to produce persua- His loyalty to Emory and to the Harvard him No. 1 in his class. Halfway through sive legal arguments and solutions to Law School was unstinting. For Emory his his second year, in 1942, he enlisted in complex tax and business problems— service included President of the Alumni the U.S. Navy. In the Navy he became as well as handling appellate cases. Association, Chairman of the Board of a lieutenant commander, serving on Visitors, and member of the Board of destroyers in both the Atlantic and the Jim became a member of the ALI in Trustees. For Harvard Law School he Pacific. His ship participated in major 1958, at the age of 38. Sixteen years later, was a member of the Overseers Visiting landings in the South Pacific, involving in 1974, he was elected to the Council. In Committee and the Alumni Council. heavy combat action. 1979 President Ammi Cutter appointed Jim as Chairman of the Finance and Jim also contributed mightily to the legal After the war, in 1946, Jim returned to Development Committee. This led to profession through active membership in Harvard Law School and continued his my subsequent appointment of Jim as the ABA’s Tax Section and the American superlative academic performance. He Chairman of the Capital Campaign College of Tax Counsel. In 1963 and 1964 was elected President of the Harvard Law Steering Committee. He did a splendid he served as a member of an Advisory Review and graduated summa cum laude job in this capacity, and at the Council Group appointed by the Commissioner and first in his class, thereby becom- meeting of May 15, 1989, Jim announced of Internal Revenue. He was a Fellow of ing the recipient of the Fay Diploma. that the Capital Campaign had raised the American Bar Foundation. Legend has it that his grade-point average approximately $5,469,000, well in excess was second only to that of Justice Louis of its goal of $5,000,000. Jim’s civic service in Atlanta included Brandeis. the chairmanship of the Metropolitan As for his service on substantive ALI proj- Atlanta Crime Commission in 1970 and When he finished law school in 1947, ects, Jim was a member of what we then 1971. In 1992 he was given the Atlanta Jim chose to enter private practice with called the Tax Advisory Group—now the continued on page 5

4 | The ALI Reporter James H. Wilson, Jr. New Project on Government continued from page 4

Ethics Begins Bar Association’s Annual Award to “a per- son whose lifetime contributions to the On the recommendation of ALI Director Lance Liebman and the Program profession have earned him the noblest of Committee, the ALI Council at its meeting in New York City on October 23 gave accolades, the title ‘a lawyer’s lawyer.’” its approval for work to begin on a project encompassing principles of government ethics. Professor Richard Briffault of Columbia Law School will serve as the proj- On the corporate front, Jim was for many years a member of the board of trustees of ect’s Reporter. Professor Briffault, a graduate of Columbia University and Harvard the Northwestern Mutual Life Insurance Law School who joined Columbia’s faculty in 1983, has taught and written exten- Company. sively on the law involving state and local governments, as well as on property law and election law. Jim was a devoted family man. He was married for 48 years to his beloved wife, According to the Reporter’s prospectus, the project’s purpose is to enunciate a set of Frances, who predeceased him. He was principles or best practices that would both reflect the emerging law of government survived by a daughter, a son, four grand- ethics and provide guidelines to shape its future development. The project will focus children, and three great-grandchildren. on standards applicable to the legislative and executive branches, and will exclude Jim was fun to be with on any occa- ethical issues unique to the judiciary. The project may address limited issues in the sion. His sly wit and sense of humor area of campaign-finance regulation. Specific topics proposed for inclusion are lob- enriched our discussions. He was at all bying, gifts and other things of value given to public officials, conflicts of interest times unpretentious and unassuming. involving the private activities of public officials, the political uses of public office, His gentlemanly style was admired and and administration and enforcement mechanisms. appreciated.

At the outset I characterized Jim’s career ALI members and others who wish to be considered for service as Advisers on the as extraordinary, and I do so again. On new project should write to Director Liebman (email: [email protected]; mail: The behalf of the Council, I wish to pay American Law Institute, 4025 Chestnut St., Philadelphia, PA 19104) describing particular tribute to his service to The their particular experience and interest in the subject. For members wishing to join American Law Institute and to express the Members Consultative Group for this project, a link has been set up in the the warmth of our feelings toward a long- “Projects” section of the Institute’s website, www.ali.org. time colleague.

Roswell B. Perkins

In Memoriam

Elected James A. Baker, Dallas, TX; Mina A. Brees, Austin, TX; George C. Covington, Charlotte, NC; Reginald C. Lindsay, Boston, MA; David Williams, Cambridge, England

Life Andrew T. Berry, Newark, NJ; Adrian W. DeWind, New York, NY; Elliott Goldstein, Atlanta, GA; Ray David Henson, San Francisco, CA; James O. Hewitt, La Jolla, CA; Daniel B. Hodgson, Atlanta, GA; Edwin L. Kahn, Washington, DC; Robert E. Keeton, Cambridge, MA; Frederick R. Keydel, Detroit, MI; Gerald A. Rosenberg, New York, NY; Samuel J. Silverman, New York, NY; Robert S. Thompson, San Diego, CA; Malcolm Richard Wilkey, Santiago, Chile; James H. Wilson, Jr., Atlanta, GA

Fall 2009 | 5 Fall Meetings

 The Advisers for the Restatement of Restitution and Unjust Enrichment had their final meeting in Philadelphia in October. Front row: William Young, John McCamus, Jack Jacobs, Susan Freeman, Doug Rendleman, Daniel Friedmann, Douglas Laycock. Second row: D. Brock Hornby, Michael Traynor, Richard Hulbert, Reporter Andrew Kull, Mark Gergen, Joseph Wheelock.

 The final meeting of the Advisers and Members Consultative Group for the Restatement of Property (Wills and Other Donative Transfers) took place on October 2 at the University of Michigan Law School, where Reporter Lawrence Waggoner is on the faculty. From left: Director Lance Liebman, Reporter Waggoner, and Associate Reporter John Langbein.

 Felicia Sarner of the Philadelphia Federal Defender’s Association emphasizes a point at the October 10 meeting of the Advisers and Members Consultative Group for the Model Penal Code: Sentencing.

 On October 1, young academics at the University of Michigan Law School discussed the Institute with Michigan Professor and ALI Second Vice President Douglas Laycock, Director Lance Liebman, and Deputy Director Elena Cappella. Shown from left: Professors Laycock, Alicia Davis, Nina Mendelson, Vikramaditya Khanna, and John Pottow.

6 | The ALI Reporter Notes About Members and Colleagues

The following were among 212 fellows inducted in October into • Lawrence J. Fox of Philadelphia is a visiting ethics lecturer at Yale the American Academy of Arts and Sciences: ALI Council mem- Law School this fall and will teach ethics at Harvard Law School ber Professor Kenneth S. Abraham of the University of Virginia in the spring. His new book, coauthored with Susan R. Martyn School of Law; John J. Donohue III, a professor at Yale Law of the University of Toledo College of Law, is entitled The Ethics School and a member of the ALI Young Scholars Medal Special of Representing Organizations: Legal Fictions for Clients (Oxford Committee; Ronald M. George, Chief Justice of the California University Press 2009). Last year, he and Professor Martyn pro- Supreme Court; Professor Deborah R. Hensler of Stanford Law duced the second edition of Traversing the Ethical Minefield: School, who served as an Adviser for Principles of the Law of Problems, Law, and Professional Responsibility (Aspen 2008). Aggregate Litigation; and Judge James Harvie Wilkinson III of • ALI Council member William C. Hubbard of Columbia, South the U.S. Court of Appeals for the Fourth Circuit. Chief Justice Carolina, has received the University of South Carolina’s 2009 George was one of five members of the new class to give an address Distinguished Alumni Award. Earlier this year, he also received at the induction ceremony. the John F. Williams Award from the Richland County Bar Association for distinguished and meritorious service to the legal • In May, Charles W. Adams, a professor at the University of Tulsa profession and the public. College of Law, received one of three Tulsa University Outstanding Teacher awards given out at the University’s commencement. • Andrew Kull of Boston University School of Law was named “Law Professor of the Year” by the Massachusetts Bar Association • Douglas Blaze of Knoxville, dean of the University of Tennessee and Massachusetts Lawyers Weekly. College of Law, has been elected a fellow of the American Bar Foundation. • Peter B Kutner of the University of Oklahoma College of Law in Norman is Invited Visiting Professor at Sophia University in • Scott A. Brister Former Texas Supreme Court Justice has joined Tokyo for the 2009-2010 academic year. the law firm of Andrews Kurth as a partner in the Austin office. In addition to leading the firm’s Appellate Practice Group, he will • Professor Wayne A. Logan of the Florida State University focus his practice on all aspects of litigation and alternative dispute College of Law in Tallahassee is the author of Knowledge as Power: Criminal Registration and Community Notification Laws in America resolution. (Stanford University Press 2009). • On May 23, on his third attempt, ALI Council member William • ALI Council member Judge Gerard E. Lynch, former U.S. M. Burke, 67, of Costa Mesa, California, became the oldest District Court judge for the Southern District of New York, has American to summit Mt. Everest. been elevated to a seat on the U.S. Court of Appeals for the Second • In September, Talbot H. D’Alemberte of Tallahassee, Florida, Circuit. a past president of the American Bar Association, a former dean • Frank A. Pfiffner, a partner in the Anchorage law firm of Hughes of the Florida State University College of Law, and the president Pfiffner Gorski Seedorf & Odsen since 1974, has been appointed emeritus of FSU, received the 2009 Lifetime Leadership Award by Governor Sean Parnell to the Anchorage Superior Court. presented by Leadership Tallahassee. Martha W. Barnett, also of • Delissa A. Ridgway Tallahassee, presented the award. Judge of the U.S. Court of International Trade in New York City has been named Chair (2009-2010) of • Robert C. Denicola and Anna Williams Shavers, profes- the National Conference of Federal Trial Judges. sors at the University of Nebraska-Lincoln College of Law, were • Wm. T. Robinson III of Florence, Kentucky, has been appoint- appointed interim associate dean and interim dean, respectively, of ed to serve as Chair of the ABA Standing Committee on the College of Law, effective August 17. Interim Dean Shavers has Governmental Affairs. He also will serve as a member of the ABA replaced Steven L. Willborn, who had been dean since 2001. Strategic Planning Committee for the coming year and will con- • In August, Nathaniel L. Doliner of Tampa, Florida, became tinue to serve on the Board of the American Bar Foundation and chair of the ABA Business Law Section. on the Board of the ABA Retirement Funds. • Charles Donahue, Jr., of Harvard Law School has been selected • USC Gould School of Law Professor and Associate Dean Elyn to receive an honorary doctorate from the Université de Paris II: R. Saks of Los Angeles has been selected as a 2009 fellow of the Panthéon-Assas. He is the author of a 696-page investigation of MacArthur Foundation. medieval marriage practices and laws entitled, Law, Marriage, and • Jorge A. Sánchez Cordero Dávila of Mexico City, Mexico, Society in the Later Middle Ages: Arguments about Marriage in Five General Director of the Mexican Center for Uniform Laws and an Courts (Cambridge University Press 2007). Advisory Member of the Uniform Law Commission, was recently • The Obama Administration has named Kenneth R. Feinberg awarded the “National Prize for Journalism 2008” for his articles of Washington, D.C., the Special Master to monitor executive on the protection of Mexican cultural heritage. compensation at the seven institutions that have received the • U.S. Supreme Court Justice Sonia Sotomayor and Professor greatest amount of bailout money under the Troubled Asset Relief Jane Stapleton, a member of the Institute’s Council, have been Program. elected Honorary Masters of the Bench of Gray’s Inn.

Fall 2009 | 7 (ISSN 0164-5757) The American Law Institute Periodicals 4025 Chestnut Street Postage Paid Philadelphia, PA 19104-3099 Lancaster, PA

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