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The Reporterpublished by the American Law Institute VOLUME 35 • NUMBER 2 WINTER / SPRING 2013 The ReporterPublished By The American Law Institute DEDICATED TO CLARIFYING AND IMPROVING THE LAW X The President’s Letter New @90 We have begun the 90th year of The in 1923 was George Wickersham, not would feel that it both enriches our dialogue American Law Institute in fine style. only a distinguished lawyer, but a former and our perspective and better serves our With enthusiastic applause, our Council Attorney General of the United States under contemporary democracy. in January unanimously elected Daniel President William Howard Taft (another of Meltzer, Story Professor of Law at Harvard, our founders). While these two men were Judge Diane Wood and the Nominating as the successor Director to Professor Lance clearly revolutionary thinkers about what Committee have been working overtime to Liebman. Dan will begin his tenure at the should be done to improve American law fill our officer and Council positions. Before close of the Annual Meeting in May 2014. so that it better serves society, I cannot the Annual Meeting in May, you will receive Dan continues the line of distinguished help but wonder what Attorney General information about nominees for positions thinkers who have given their time and Wickersham would have thought of a New on our Council who are recommended to energy to the improvement of American law Mexico lawyer (we were still a very young you by the Nominating Committee and through the ALI. state in 1923), so different in obvious ways, the Council. You will be proud, I think, of sitting figuratively in his seat. Probably not their distinguished backgrounds of academ- Your President, however, may be a very much. But I think all of the founders would ic excellence and service to the profession. different matter. I began writing today by applaud the diversity in our ranks and in remembering that the first ALI President leadership positions on the Council, and continued on page 2 Annual Meeting Agenda Includes Inside… Four Drafts for Member Approval Meltzer to Succeed Liebman as ALI Director in May 2014 Ten projects, including a final installment of basic liability insurance contract principles page 3 the Restatement Third of Employment Law, and §§ 12 to 23 of Chapter 2, Topic 1, deal- are slated for approval or discussion at the ing with the defense of potentially insured Webster and Hazard to Be Institute’s 90th Annual Meeting, to be held liability claims. Honored at Annual Meeting at The Ritz-Carlton Hotel in Washington, page 4 DC, from May 20 to 22. On Monday morn- On Tuesday morning, May 21, Reporters ing, May 20, Reporters George A. Bermann, Stephen J. Schulhofer and Erin E. Murphy Q&A with new ALI member Jack J. Coe, Jr., Christopher R. Drahozal, will present the first Discussion Draft of Kami Chavis Simmons of and Catherine A. Rogers are sub- Model Penal Code: Sexual Assault Wake Forest mitting for membership approv- and Related Offenses, covering page 6 al their third Tentative Draft § 213.6 (procedural and eviden- of Restatement Third, The tiary provisions applicable to Friedman, Marshall to Take U.S. Law of International Article 213 of the Model Penal Office May 22 Commercial Arbitration, Code on sexual offenses) and page 10 covering the two Topics not § 213.7 (collateral consequenc- reached at last year’s Annual es of conviction). On Tuesday ALI Publishes New Concise Meeting: conduct of post-award afternoon, Reporters Kevin R. Restatement of Torts actions and correction, modification, Reitz and Cecelia M. Klingele will page 11 and remand of awards. On Monday after- present Discussion Draft No. 5 of Model noon, Reporters Tom Baker and Kyle D. Penal Code: Sentencing, which deals with Logue will also submit for approval the first authorized disposition of offenders, col- Tentative Draft of Principles of the Law of lateral consequences of criminal conviction, Liability Insurance, covering Chapter 1 on continued on page 3 The President’s Letter continued from page 1 After a discussion that included the mem- May 2013, and its charter to ensure by Associate Justice Goodwin Liu of the bers at last year’s Annual Meeting and diversity of all kinds will be delegated California Supreme Court, will meet continued over the last two Council to the Membership Committee and on April 15 having read mountains of meetings, the Council also approved ad hoc committees. scholarly writing to select the two newest some changes in the process by which we Young Scholars, one of whom will pre- elect members. These were presented to These proposals have been referred to the sent at this Annual Meeting. the Council by Judge Paul Friedman of Governance Committee for study and the U.S. District Court for the District recommendation of whatever changes in Prepare yourself for being captured for of Columbia, Chair of the Ad Hoc bylaws, charters, or rules may be required. posterity in our 90th-birthday portrait. Committee on Membership Process, Though I am looking at our founders which, after Council approval, has now After these have been completed and with deepest respect and admiration, I concluded its work. The key elements, approved, we will turn our attention to am also thinking of a diet in preparation. which will be presented to you in detail considering whether changes are needed at the Annual Meeting, are these: in our current procedure for electing Hope spring comes easily to you and international members. For now, we springs eternal as well. 1. There is no change in the ability of will continue with the current ad hoc any member to forward a candidate International Membership Committee, Roberta for membership to the Membership to which the Membership Committee Roberta Cooper Ramo Committee. forwards nominations of candidates from President other countries. 2. Perhaps the most important change [email protected] (effective June 2014) is that the pro- I hope that you are planning to come to cess will be confidential, meaning the 90th Annual Meeting. Not only will the goal is to have the candidate there be an outstanding menu of speak- editor be unaware of the nomination until ers and projects for your discussion and Marianne M. Walker the Membership Committee has for- approval, but we are working on how (215) 243-1627 warded it for approval to the Council to take a picture at the 90th dinner on [email protected] and it is approved by the Council. May 21 in the same panoramic style as An approved candidate would then the original 1923 dinner, but with a far associate editor become a member after agreeing to richer palette. Todd David Feldman the requirements of membership. (215) 243-1682 We are working hard this spring in [email protected] 3. The Membership Committee will moving along a number of important be enlarged to take on the work of projects, including Indian Law, Election membership information more rigorous vetting of candidates, Law, Privacy, and the Foreign Relations Beth M. Goldstein and new Regional Advisory Groups Law of the United States. We were in (215) 243-1666 may be asked by the Membership DC on February 21 with the second [email protected] Committee to help vet candidates and Young Scholars Invitational Conference: to propose candidates who reside in Bringing Together Copyright and Patent production & design their regions. Law in Court, led by Professor Jeanne Matthew Born Fromer of NYU, one of our two origi- (215) 243-1685 4. The Outreach Committee will sunset nal Young Scholars Medal winners. Our [email protected] at the end of the Annual Meeting in current Young Scholars Committee, led contributors to this issue: Pat Daly, Shannon Duffy Planning to Attend ALI’s 90th Annual Meeting in Washington, DC? The ALI Reporter (ISSN 0164-5757) is pub- lished quarterly by The American Law Insti- Discounted room rates are available at the Ritz-Carlton Hotel (meeting tute, 4025 Chestnut Street, Philadelphia, PA 19104-3099. Periodicals U.S. postage paid at headquarters), the Washington Marriott Hotel, and the Club Quarters. Lancaster, PA. Reservation information can be found on the ALI website: http://2013am.ali. POSTMASTER: Send address changes and any org/. ALI group rates are valid until April 26 or until the ALI room block is other communications to 4025 Chestnut Street, full, whichever comes first. Questions? Contact our Meetings Department at Philadelphia, PA 19104-3099. (215) 243-1657 or [email protected]. 2 | The ALI Reporter Harvard Law Professor Daniel Meltzer to Succeed Lance Liebman as ALI Director in May 2014 devotion to public service grace Harvard Law School and now will also wonderfully advance the American Law Institute’s vital proj- ects improving law and legal administration for the public good.” Professor Meltzer, who joined Harvard Law School’s faculty in 1982, received his A.B. in Economics from Harvard University and his J.D. from Harvard Law School, where he was president of the Harvard Law Review. After graduation, he clerked for Judge Carl E. McGowan of the District of Columbia Circuit and for U.S. Supreme Court Justice Potter Stewart. He recently served in the Office of White House Counsel, where he advised President Obama on issues including terrorism, healthcare reform, and prep- aration for the confirmation hearings for Justice Sonia Sotomayor. Daniel J. Meltzer, the Story Professor of Law at Harvard Law After leaving that position, he was appointed to the President’s School, has been named Director Designate of The American Law Intelligence Advisory Board and the Intelligence Oversight Board, Institute. Professor Meltzer will work together with ALI Director on which he continues to serve. He is also a coauthor of recent edi- Lance Liebman until Professor Liebman completes his 15-year tions of a classic casebook, Hart and Wechsler’s The Federal Courts directorship in May 2014.
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