The American Law Institute 87th Annual Meeting, May 17-19, 2010. Washington, D.C.

Actions Taken

Wednesday, May 19

The membership approved the first Tentative Draft of the Restatement of the Law Third, The U.S. Law of International Commercial Arbitration, subject to the discussion at the meeting and to editorial prerogative. The draft next will be submitted to the Council for approval.

After lunch, the membership approved the final Tentative Draft of Restatement of the Law Third, Restitution and Unjust Enrichment, subject to the discussion at the meeting and to editorial prerogative, and with deep gratitude to Reporter Andrew Kull. The draft contains material on defenses to restitution and remedies. Approval clears the way for publication of the official text of this project. When published, this work will replace the original Restatement of the Law of Restitution promulgated in 1936.

Tuesday, May 18

The membership approved the final Tentative Draft of Restatement of the Law Third, Property (Wills and Other Donative Transfers), subject to the discussion at the meeting and to editorial prerogative, and with thanks to Reporters Lawrence W. Waggoner and John H. Langbein. The draft contains material on present and future interests and the Rule Against Perpetuities. Approval clears the way for publication of the final volume of this project; the material will be published along with previously-approved material on class gifts and powers of appointment. This work will replace the Restatement of the Law Second, Property (Donative Transfers).

After lunch, Sections 8.01-8.04 and 8.06-8.08 of the Tentative Draft of Restatement of the Law Third, Employment Law were approved by the membership, subject to the discussion at the meeting and to editorial prerogative. There was insufficient time to discuss Sections 8.05 and 8.09-8.11 of the Tentative Draft. The presubmitted motions by Alice Ballard, James Robertson, and Lea VanderVelde were defeated. The presubmitted motion by Joseph D. Garrison was not made at the meeting.

Finally, the members began considering a Tentative Draft of the International Commercial Arbitration project. Discussion will continue tomorrow morning as planned.

Monday, May 17

At the opening session, seven new Council members were elected by the membership:

  • Anton G. Hajjar, O'Donnell, Schwartz & Anderson, Washington, DC
  • Gail K. Hillebrand, Consumers Union, San Francisco, CA
  • Judith A. Miller, Chevy Chase, MD
  • Yvonne Gonzalez Rogers, California Superior Court for Alameda County, Oakland, CA
  • Marsha E. Simms, Weil, Gotshal & Manges, New York, NY
  • Catherine T. Struve, University of Pennsylvania Law School, Philadelphia, PA
  • David K. Y. Tang, K&L Gates, Seattle, WA

Five current Council members were reelected for an additional term: José I. Astigarraga, Amelia H. Boss, N. Lee Cooper, George H. T. Dudley, and Carolyn Dineen King. In addition, former Council member Daniel Meltzer was elected to the Council for a term beginning on June 1, 2010. Professor Meltzer, who is returning to Harvard Law School on June 1, resigned from the Council in January 2009 when he took the position of Principal Deputy Counsel to the President of the United States.

It was announced that the Council elected Carolyn Dineen King to succeed Bennett Boskey as ALI’s Treasurer. Mr. Boskey will assume the role of the Treasurer Emeritus. The Council also reelected two officers for an additional term: Secretary Susan Frelich Appleton and Director Lance Liebman.

Discussion of a draft of the Model Penal Code: Sentencing project concluded in the afternoon. As planned, no vote was taken.

The Tentative Draft of amendments to Article 9 of the Uniform Commercial Code was approved by the membership, subject to the discussion at the meeting and to editorial prerogative. The proposed amendments next will be submitted for approval at the annual meeting of the Uniform Law Commission, ALI’s partner on the UCC.