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

Annual Meeting Blog   

Our Annual Meeting blog, written by members, provides descriptions of the sessions and events, photos, and commentary on the Meeting. More information about our bloggers

Showing posts 21 - 30 of 57 prev | next

Sausages and Restatements

Posted By: Mark Stichel | May 18, 2010 | 04:50 PM
Otto von Bismark supposedly said "The lesser the people know about how sausages and laws are made, the better they sleep in the night". After three years of ALI annual meetings, I have a much better understanding of how Restatements of the Law are made than I did before I became an ALI member. I will have no problem sleeping tonight.

Employment Law Debate Leads to Show-of-Hands Vote

Posted By: Charles E. Griffin | May 18, 2010 | 03:40 PM
The Restatement of the Law Third Employment Law, Tentative Draft No. 3,
generated a great deal of interest from the audience and many comments. A
number of motions were made regarding the draft and one of the motions was
offered by Hon. James L. Robertson of Jackson, MS. I was particularly
interested in this motion because Robertson is one of my former law
professors and a former member of the Mississippi Supreme Court. His motion
sought to add a monopoly exception to the enforcement of restrictive
covenants in employment agreements. Robertson explained from personal and
professional experience that the enforcement of employment agreement
restrictive covenants can sometimes be abused. He offered case law to
support his position. Others felt that the proposed amendment did not
reflect existing law and would unnecessarily weaken the overall usefulness
of restrictive covenants in employment agreements. After several supporters
and objectors spoke, the amendment was called by voice vote. The voice vote
result was unclear and a show-of-hands vote was requested. The motion
failed on a show-of-hands vote. The process was interesting to watch and
rewarding to be a participant in.

Boskey Addresses New Life Members and New 50-Year Members

Posted By: Kristen D. Adams | May 18, 2010 | 02:30 PM
After an introduction in which Institute President Roberta Cooper Ramo aptly described longtime ALI Treasurer Bennett Boskey as “the person I know I will not grow up to be, but will always strive to be,” Mr. Boskey addressed the Institute’s new life members and new 50-year members, whom he called “the jewels in the Institute’s crown.”
Mr. Boskey began his address by recounting several events that influenced his career, his view of the law, and his desire to participate in the law-reform efforts of the ALI. The earliest was a trip to the District of Columbia in 1928 at the age of 12, which had two major highlights: (1) shaking hands with President Coolidge and (2) visiting the old Supreme Court building, which was his first opportunity to view the interior of a courtroom. Eleven years later, Mr. Boskey entered the Foley Square Courthouse as the law clerk for Learned Hand. In speaking about Judge Hand, who has been called “the greatest judge of the twentieth century who never sat on the Supreme Court,” Mr. Boskey recounted his mastery of writing, his “impish” temperament, and his importance to the ALI and vice versa. Judge Hand, who served on the Institute’s Council from its beginnings in 1923 to his death in 1961, has been credited in significant measure with setting the ALI on the stable and productive path that it has continued to follow ever since that time. Later, Mr. Boskey moved to the District of Columbia with his wife Shirley to clerk for Justice Stanley Reed, and has remained in the District ever since that time. He has been a member of the Institute – and indeed one of its most influential members – since October 30, 1951. He will become the Emeritus Treasurer and an Emeritus member of the Institute’s Council at the close of business on Wednesday.
Mr. Boskey closed his remarks by citing the Institute’s tripartite structure of academicians, judges, and practitioners as the core of the ALI’s effectiveness. He described this solid alliance of all three groups, and the resultant collaboration between all three, as a key to the continuing productivity of the Institute and the quality of its work.

Remarks by Bennett Boskey; William Webster Accepts Medal on Behalf of 50-Year Members

Posted By: Edan Cohen | May 18, 2010 | 02:20 PM

Please click on a thumbnail to view the full image.

Does Saying So Make it So?

Posted By: Kristen D. Adams | May 18, 2010 | 11:30 AM
As part of the lively discussion of the new draft of the Restatement (Third) of Employment Law, a question was raised from the floor as to whether an employer could designate by contract that all employer information would be treated as being confidential within the meaning of Chapter 8, which governs an employee’s duty of loyalty and restrictive covenants. As Reporter Stewart Schwab of Cornell Law School indicated in his response, it appears that the current draft Restatement would not permit such a result. Instead, pursuant to Section 8.02, which provides the relevant definition, there are specific factors to be considered in determining whether employer information qualifies as confidential. One speaker suggested that the Restatement should go a step further and expressly prohibit employers from claiming that all information is confidential, unless there is a clearly articulable business reason for doing so.

Property Session

Posted By: Edan Cohen | May 18, 2010 | 11:10 AM

Please click on a thumbnail to view the full image.

ALI Adopts Position In Opposition To Recent Statutory Movement Allowing Perpetual or Multiple- Centuries Trusts

Posted By: Charles E. Griffin | May 18, 2010 | 11:01 AM
Today's morning session on Property (Wills and Other Donative Transfers) was well attended and the proposed draft was well received with few questions.
The most thoughtful discussion was provoked when Lance Liebman pointed out to the membership that the draft included a position statement in opposition to the current legislative trend of allowing perpetual or multiple-centuries trusts. The Reporter, Lawrence Waggoner and Associate Reporter John H. Langbein addressed the language of the tentative draft and the historical reasoning behind the Rule Against Perpetuities. The Reporters attributed the recent trend largely to efforts by some states to manipulate where certain trust industry jobs will be located.
After the traditional Boskey motion, the Tentative Draft No. 6 was adopted, including the following language: "It is the considered judgment of The American Law Institute that the recent statutory movement allowing the creation of perpetual or multiple-centuries trusts is ill advised." The relevance of this position statement and its immediate application to current political and legal events is compelling evidence of the importance of the work done by the American Law Institute. I am proud to be a new member.

Please click on a thumbnail to view the full image.

Members' Reception at the Newseum

Posted By: Edan Cohen | May 18, 2010 | 09:00 AM

Please click on a thumbnail to view the full image.

Day One Impressions -- Part Two

Posted By: Mark Stichel | May 17, 2010 | 06:00 PM
I hit the send button before I finished my Day One Impressions, so this will
be a two-part installment. This was a day with many highlights. Although
it is hard to compete with a very dynamic and impressive question and answer
session with a sitting Supreme Court Justice, there were two things that
stood out for me today - Gerhard Casper's story about the enshrinement of
the Restatements with the Justinian Code in a modern law school building in
China and Judge Weinstein's exchanges regarding the Model Penal Code
Sentencing project. Both the Restatements and the Model Penal Code have had
significant influence upon the US legal system. The Annual Meeting is an
integral part of the process by which ideas become finished ALI products.

Day One Impressions

Posted By: Mark Stichel | May 17, 2010 | 05:50 PM
My fellow bloggers have posted many details about today's meeting. I will post some general impressions. First, the room was packed for most of the day and most members appears to be engaged in the proceedings. Based on my experience over the past three years, this is typical of the annual meeting - the first day usually is a day with marquee speakers and projects.

prev | next