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The Reporterpublished by the American Law Institute VOLUME 31 • NUMBER 3 SPRING 2009 The ReporterPublished By The American Law Institute DEDICATED TO CLARIFYING AND IMPROVING THE LAW Election of Council XX The President’s Letter Members Set for Monday, May 18 Engagement When Gerhard Casper, Chair of the Nomi- The American Law Institute has 4200 become participants in work apart from the nating Committee, reports to the members members. Since our founding, our mem- Annual Meeting and in efforts to suggest at the Annual Meeting Opening Session bers have participated in our law-reform new projects for us. Advisory groups can- on Monday, May 18, he will move before work by attendance at Annual Meetings and not grow much beyond their current rolls the assembly the Council’s nominations involvement in project drafting through without losing their effectiveness. While the for election to the Council. After care- Adviser and Members Consultative Groups, Members Consultative Groups have no limit ful consideration over two meetings, the as well as more on membership, Nominating Committee recommended the informal groups we understand addition of seven new Council members as we explore The recent study of our membership that some part and the reelection of six current Council potential areas concluded that…64 percent of us would of our member- members. The Council recently nominated for inquiry. In ship would like all 13 candidates recommended by the the initial stag- welcome a chance to become more to be involved, Committee. es of defining engaged with the ALI in a meaningful but for a vari- continued on page 5 projects—such ety of reasons as the Restate- way without having to travel. cannot attend ment Third of MCG meetings Inside… the U.S. Law in person. Oth- of International Commercial Arbitration, ers, given the particular projects on our Annual Meeting Agenda headed by Professor George Bermann of table, do not find something that currently page 3 Columbia, and Extraterritorial Application piques their interest. How do we find mean- of U.S. Financial Regulations, headed by ingful work for those of us who want to Notice Our New Look? Acting Dean Howell Jackson of Harvard— become involved, but are not? page 4 and in our examination of issues relating to capital punishment and election law, par- Two recent events for members were even NYU Honors ticipation necessarily must be limited to an more successful than we had hoped, and Andreas Lowenfeld invited group. The challenge for us is how to they may give us part of the answer. As page 4 engage the large number of members who an experiment suggested by two of our are now only occasionally involved in the members in the San Francisco area, Judge Judge Lauds Birnbaum’s Work Institute’s work. Yvonne Gonzalez Rogers, Judge Jon Tigar, as Mediator in 9/11 Lawsuits Jeffrey Bleich, Michael Brown, and James The recent study of our membership con- Donato hosted a Sunday afternoon meet- page 6 cluded that, although many members are ing of younger members at the home of happy that they can increase their serious Judge and Matt Rogers in the Bay Area to Membership is a Family Affair involvement with the ALI around spe- meet one another and to meet and hear page 7 cific projects that interest them, and oth- from Mike Traynor. Those who attended ers appreciate that at various busy times gave the event rave reviews. In New York, Indian Law Institute Officials in their practice or personal lives they can a recent reception after the International Visit ALI remain interested members without specific Commercial Arbitration meeting brought page 8 portfolio, 64 percent of us would welcome an enthusiastic crowd of our members to a chance to become more engaged with the hear Second Circuit Judge Pierre Leval and Notes About Members ALI in a meaningful way without having to meet one another and Lance Liebman. and Colleagues to travel. Further, many new members are Happily, all of us will be able to hear Judge page 9 looking for immediate opportunities to Leval open our Annual Meeting on Mon- continued on page 2 The President’s Letter continued from page 1 day morning, May 18, along with ALI we should regularize moving our meet- agenda, let me note again what sterling members Tommy Wells, President of the ings around the country? Should we speakers we have: Helaine Barnett, Presi- American Bar Association, and Nicholas do quarterly call-in teleconferences with dent of the Legal Services Corporation, Katzenbach, who will receive the Friendly a Reporter from a project to give you who will address us at lunch on Tuesday, Medal. updates in the area? Are you interested May 19 (the first Legal Services lawyer to in meeting with the ALI members in speak to our Annual Meeting), Secretary In 2009 and 2010, we will try to schedule your area more often and in having visits of Homeland Security (and longtime several other regional project meetings from the leadership or from ALI mem- member of the ALI) Janet Napolitano and receptions for members in those bers doing interesting work in their own for the Annual Dinner Tuesday night, areas, so that people can get to know one practices that could be shared? Should and Senator Arlen Specter of Pennsyl- another better and meet some of the lead- vania, ranking member of the U.S. Sen- ers of the particular projects and of the ate Judiciary Committee, at lunch on Institute. But the more substantive ques- If you were to design Wednesday, May 20. A significant value tion I have, for those of you who are not ways to engage our for each of us is the opportunity to meet currently working in our framework at one another, to participate in discussing the level you would like, is: What do you distinguished membership our substantive agenda, whether in our suggest? I mean this very seriously. In the more meaningfully, what own area of practice or not, and to hear last several years we have made significant from the leaders of our profession on the changes that modernized our governance; would you do? issues of the day. I look forward to seeing we adopted the use of Principles projects you and hearing your ideas. for subject areas in which Restatements are not quite right (for example, Family we sponsor some CLE training programs Roberta Law in the past and Aggregate Litigation focused around our current projects? Are and Nonprofit Organizations now under- there ways you think we could improve Roberta Cooper Ramo way); and we will in the next 12 months the Annual Meeting experience for those President try some new methods in dealing with of you who can come? What am I com- election-law issues and one or two other pletely missing about any or all of this areas such as financial regulation. expressed desire for engagement? editor In response to my questions last quarter, Our goal is to find 21st-century ways to Marianne M. Walker many of you responded with really help- make use of the vast talents of our mem- (215) 243-1627 ful ideas in areas concerning technology. bers without disturbing the important [email protected] As we get past the Annual Meeting, we parts of the ALI culture that earn us the will take a hard look at how we can use high regard in which our work is held in associate editor Todd David Feldman technology to make us a more effective the United States and abroad. It seems (215) 243-1682 organization. However, we are not sure, only smart to ask what ideas you have [email protected] after hearing from so many of you via to achieve our goal of more meaningful the survey and individual conversations, member engagement. Let me know via membership information that we have even begun to figure out email at [email protected] or by let- Beth M. Goldstein how to engage our membership in a way ter if you prefer, addressed to President (215) 243-1666 [email protected] that advances our work, strengthens the Roberta C. Ramo, The American Law ALI, and makes membership in the ALI Institute, 4025 Chestnut St., Philadel- production & design more meaningful to those of you looking phia, PA 19104. None of this will be Matthew Born for more. Unlike the ABA or some of the done overnight, and in these difficult eco- (215) 243-1685 subspecialty legal organizations, we have nomic times, cost is of course an element [email protected] few committees. Our work is the produc- in what change we can make and how contributor to this issue: tion of substantive legal writing with the fast we can make it. I hope you will take Nina Amster goal of clarifying or reforming the law. the time to think about this and respond, The ALI Reporter (ISSN 0164-5757) is pub- and to find me during our reception in lished quarterly by The American Law Insti- So I ask you to tell us: If you were to Washington on Monday night, May 18, tute, 4025 Chestnut Street, Philadelphia, PA design ways to engage our distinguished to talk about this and other issues that are 19104-3099. Periodicals postage paid at Lan- membership more meaningfully, what on your mind. caster, PA. would you do? Is allowing more people POSTMASTER: Send address changes and to work on our drafts via electronic par- And speaking of the Annual Meeting, in any other communications to 4025 Chestnut ticipation enough? Do you think that addition to the substantive projects on our Street, Philadelphia, PA 19104-3099. 2 | The ALI Reporter THE AMERIC A N LA W INS T I T U T E 86th Annual Meeting | May 18-20, 2009 Pre-meeting Events 2:45 p.m.
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