http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Blog from the 86th ALI Annual Meeting en-us Copyright 2009 ALI.org http://backend.userland.com/rss/ Mon, 20 Jul 2009 20:00:35 EST I now am home and already have spent a day at the office. But, before this year 's Annual Meeting becomes a distant memory, I wanted to make some observations about the Annual Meeting. I have enjoyed sharing my thoughts about the Annual Meeting in my blog and welcome the Institute 's willingness to explore ways that the members can participate in the Institute 's work through means other than in-person meetings. The Institute should (and I expect will) find ways to engage the membership through various technologies. However, there is no substitute for in-person meetings. Even if some of us occasionally were checking our emails during the meetings and, as I did, missed a few sessions because of other commitments, spending three days focused on the ALI 's work and interacting with fellow members both in meetings and socially is invaluable. As one would expect in an organization of lawyers, terms and process have meaning. Prior to my becoming a member of the ALI, I had used and cited both Restatements and Principles projects. Although I recognized that there was a distinction between the two types of publications, the discussions regarding the Restatement of the Law Third, Employment Law, and the Principles of the Law of Nonprofit Organizations brought home that distinction more clearly. Although there may be but a fine line between stating the "better rule" in a Restatement and enunciating "best practices" in a Principles project, there is a difference. Insofar as process is concerned, the interplay between the membership and the Council was brought home to me during the Capital Punishment discussion when President Roberta Cooper Ramo stated that the ALI is a bicameral organization and that there would have to be agreement between the membership and the Council to put any action into effect. I would add one caveat. There appears to be a greater deference among the membership with respect to the Council 's decisions than there is between the House of Representatives and the Senate. After the Capital Punishment discussion, I spoke with a life member that I know well who is a vocal death penalty abolitionist, but voted against the Leahy Motion (i.e., sided with the Council 's position). The member gave me a well-reasoned explanation as to why he deferred to the Council. The member 's explanation definitely gave me food for thought. Thank you for reading my blog. I thoroughly enjoyed this year 's Annual Meeting and am looking forward to next year 's event. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Mark Stichel Fri, 22 May 2009 09:15:05 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=95 After spirited discussion, Tentative Draft No. 2 of the Principles of Nonprofit Organizations has been tentatively approved, subject (as is customary) to today's discussion and the usual editorial prerogative. In making his traditional Boskey motion, Mr. Boskey also noted that tentative approval is inherently more flexible in a project, like this one, that encompasses so many years and so many topics. The motion was made, seconded, and passed. The business of this year's Annual Meeting having drawn to a close, President Ramo thanked the ALI's truly outstanding staff for their hard work and declared the meeting to be adjourned at approximately 4:45. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Wed, 20 May 2009 17:00:06 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=94 Several comments from the floor during the discussion of the Principles of Nonprofit Organizations were focused on ensuring that the product is ultimately as useful as possible, not only to the large charities that are featured in many of the illustrations, but also to the country's countless small charities who will count on this work for guidance. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Wed, 20 May 2009 16:45:02 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=93 As Evelyn Brody, Reporter for the Principles of Nonprofit Organizations, noted in explaining Section 440, entitled "Effects of the Passage of Time," charitable organizations may sometimes make decisions that are ultimately not in their own best interest -- for example, agreeing to highly restrictive limitations on how funds can be used -- and may need a means of escape from the terms of such an improvident agreement as time goes by. The subsequent discussion of Section 440 centered in part on whether the black letter was sufficient to accomplish this purpose without being over-broad. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Wed, 20 May 2009 16:15:02 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=92 Another interesting topic that was raised and debated during this afternoon's discussion of the Principles of Nonprofit Organizations was whether a donor should be able to specify how his or her funds are to be invested. Speakers raised not only the policy concerns to be considered, but also the practical implications of any proscription the ALI might adopt along these lines. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Wed, 20 May 2009 15:15:03 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=91 This afternoon, the ALI took up Tentative Draft No. 2 of the Principles of the Law of Nonprofit Organizations, dated March 18, 2009. Picking up once more the theme that has been explored in earlier posts regarding the special role of a Principles project, one speaker pointed out that in several instances these draft Principles currently make the modest point that a court "could" hold in a certain fashion, when it might more usefully, and consistent with the traditional role of a Principles project in moving the law forward, make the bolder assertion that the court "should" so hold. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Wed, 20 May 2009 14:45:01 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=89 Just a few moments ago, Senator Arlen Specter spoke at a highly anticipated and particularly well attended Membership Luncheon. President Ramo introduced Senator Specter as "America's First Post-Modern Senator" and lauded his courage in the face of serious illness. Responding to an allusion to his recent change of party, the newly Democratic Senator drew a laugh from the capacity crowd by joking that perhaps the only way he could have gotten more media attention was to have been indicted. In his speech, Senator Specter addressed what he termed the failure of checks and balances in recent times. He cited particular examples involving habeas corpus and presidential signing statements, particularly with respect to torture and the Patriot Act. He emphasized Congress's need for the support of the Supreme Court in responding to the expansion of Executive power, so as to maintain the appropriate balance of power between the country's branches of government. Addressing the difficulties Congress has encountered in securing information from the Central Intelligence Agency, he also suggested that intelligence briefings should be recorded and notes should be disclosed to the Intelligence Committees, so there would never be any question as to what was said, to whom, and when. Senator Specter closed by responding to questions from the floor, which raised a myriad of issues, from revision of the War Powers Amendment to the legal significance of signing statements, the politicization of Supreme Court confirmation proceedings, and the breadth of Congressional authority vis-a-vis the judiciary with respect to habeas corpus. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Wed, 20 May 2009 14:15:03 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=87 In rising to make his customary Boskey motion, the Institute's revered Treasurer Bennett Boskey noted the Institute's concern with making sure that its projects proceed as quickly as possible so they remain current, consistent, and thus useful to the legal community, while still ensuring that the work is of the highest quality. He thanked the Reporters for balancing these concerns so well. Mr. Boskey then moved for approval of the Proposed Final Draft of the Principles of Aggregate Litigation dated April 1, 2009, subject to the discussion that took place before this body, the usual editorial prerogatives, and also the input of a small committee to be designated by the President and Director, the purpose of which is to ensure that the final product is faithful to the discussions here and represents the Institute's best work. The motion was made and seconded, and passed with apparent unanimity. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Wed, 20 May 2009 12:45:01 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=86 Reprising a theme that was prominent during the prior discussion of the Restatement (Third) of Employment Law, part of today's discussion of the Principles of Aggregate Litigation centered on the nature of a Principles project, as opposed to a Restatement. Specifically, as one distinguished speaker pointed out, the ALI has considerable leeway in a Principles project to make recommendations about how the law might most productively be moved forward, rather than considering itself bound by the law as it has developed to date in most jurisdictions. Another speaker, continuing in the same theme, recommended that the Reporters streamline the black letter wherever possible, relegating many points of detail to the commentary to avoid creating a Code where Principles are intended instead. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Wed, 20 May 2009 12:15:02 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=85 State/local coordination with federal immigration enforcement is both a "force multiplier" and a great administrative challenge. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Wed, 20 May 2009 07:00:54 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=80 Secretary Napolitano admonishes ALI not to tackle immigration, at least not right now. ALI's talents, while great, may not match the skill set presently needed for the unique challenges of immigration law today. She urges members to make contributions in "the greater public sphere" - an expansion, she argues, of what it means to be a lawyer. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Wed, 20 May 2009 07:00:54 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=81 I had the privilege of sitting at dinner by the Struve family, recently profiled in the ALI Reporter. They are now role models for my family and I thank the Institute for that opportunity. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Wed, 20 May 2009 07:00:54 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=82 Secretary Napolitano has the crowd laughing mightily with the history of her paychecks. We are lucky to have a public servant of such good humor. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Wed, 20 May 2009 07:00:54 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=78 The former attorney general of Arizona has enormous credibility when discussing immigration reform, the focus of her talk this evening. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Wed, 20 May 2009 07:00:54 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=79 Bryan Garner, the world's leading expert on legal writing, is sitting at my table. What if he grades my blogging paper? http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Wed, 20 May 2009 07:00:54 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=76 The President reveals some tough style criticism from Homeland Security. Beware the wrong pumps! http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Wed, 20 May 2009 07:00:54 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=77 The membership looks great. Black tie, elegant dresses -- and Secret Service agents trying to blend in. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Tue, 19 May 2009 19:33:17 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=75 The scheduled one-hour discussion of the Council 's motion to withdraw Section 210.6 of the Model Penal Code regarding the death penalty turned into a session that lasted over two hours. The session included an amendment to the motion and an amendment to the amendment. My first action as a newly-elected ALI member in October 2007 was to post a comment on the electronic forum that the ALI hosted regarding the Clark-Podgor motion from the 2007 Annual Meeting "That the Institute is opposed to capital punishment." I wrote in 2007 that I was opposed to the motion and that the ALI should undertake a study to determine whether the Model Penal Code provision relating to capital punishment could be improved. Since 2007, the ALI obtained a major study of the issue by Professors Carol Steiker and Jordan Steiker and the issue was considered by the Council. Three possible alternatives were at issue at today 's meeting: (1) Withdraw Section 210.6 without comment - the Council 's position; (2) Withdraw Section 210.6 with a comment from the Steiker Report and the ultimate phrase: "the Institute calls for the rejection of capital punishment as a penal option" - the Leahy amendment; and (3) A compromise of the two proposals - Withdraw Section 210.6 with a comment, but without the ultimate phrase - the Garner amendment to the Leahy amendment. I spoke for the first time at an Annual Meeting in favor of the Leahy Amendment. My view has shifted since 2007. Given that the Council was not inclined to have further study, I felt that Section 210.6 not only should be withdrawn, but that the Institute should make an affirmative statement regarding capital punishment. Although the members ' comments ranged over a variety of points, the tension in the room was between what I perceived to be an overwhelming opposition to capital punishment against a feeling that the Institute 's explicit rejection of capital punishment as a penal option could harm the influence of the Institute or some of its members. The compromise position - the Garner amendment to the Leahy amendment - won by a vote of 188 to 118. Although I have not had enough time to reflect on the day 's events and decide how I feel about the result, I do feel good about the process. I have been involved with death penalty issues for 25 years - I have represented two inmates under a sentence of death in state postconviction and federal habeas proceedings and followed death penalty debates in many forums. I was impressed by the seriousness with which the members addressed the issue and lack of rancor in the members ' comments. A civil discussion of the death penalty is very hard to find, but we had such a discussion today. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Mark Stichel Tue, 19 May 2009 19:18:16 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=74 It's interesting that those who oppose the amendment do so on the ground that the amendment would hurt the prestige of the ALI. The ALI would come off as political and not be taken seriously, they say. Proponents of the amendment take the opposite view. The amendment would advance the prestige of the ALI, they say, as the ALI would be seen as taking the right stand. I suppose these two perspectives aren't inconsistent. Prestige is a group reaction -- a collective assessment made by a community -- and the two sides care about the reactions of different communities. That raises an interesting question: What's the audience for the ALI? What groups matter? http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Orin Kerr Tue, 19 May 2009 16:33:18 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=73 New Life Member Helaine Barnett, who has been the President of Legal Services Corporation since 2004 and was a member of the ALI 's Class of 1984, addressed the luncheon honoring new life members and 50-year members. As President Roberta Ramo noted in introducing Ms. Barnett, she is the first legal services attorney ever to be invited to address the ALI. Barnett spoke on the topic of equal access to justice. She discussed the history of legal services in America and the creation of the Legal Services Corporation, noting particular challenges such as the fact that Legal Services attorneys have historically been prohibited from practicing in certain subject areas and the various attempts to dismantle LSC entirely. Ms. Barnett emphasized President Ramo 's efforts on behalf of LSC as ABA President and also noted several promising recent developments from the Obama administration, including increased funding. In talking about the important work LSC attorneys have done, Ms. Barnett emphasized the importance of the countless unlauded cases in which Legal Aid attorneys have protected the interests of their low-income clients, in addition to high-profile cases such as Goldberg v. Kelly, which established the due-process requirement for the termination of government benefits. Barnett also emphasized that the need for LSC services greatly exceeds the current supply, with somewhere between fifty percent and eighty percent of potential clients (depending on the data source) being unable to secure representation. As she noted, the current climate of widespread mortgage defaults and foreclosures, in addition to natural disasters and the increase in domestic violence that typically accompanies a period of recession, has only exacerbated the problem. Ms. Barnett drew a standing ovation for her address, which concluded with a call for action on the part of all constituencies in the legal profession -- for members of the private bar to provide more pro bono representation, for Legal Aid offices to reach out to graduating law students whose offers of employment have been deferred by private firms, for members of the judiciary to continue their important participation in Access to Justice commissions at the state level, and for law schools to continue to support clinics, internships, fellowships, and other sources of pro bono work by students and faculty alike. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Tue, 19 May 2009 14:33:18 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=72 The Principles of Software Contracts were presented today for the membership 's approval of the Proposed Final Draft dated March 16, 2009. The session opened at 10:30 with Reporters Bob Hillman and Maureen O’Rourke introducing the draft, as well as several recent changes of particular note. At around 10:50, the Boskey motion for approval was made, seconded, and passed with apparent unanimity. As a member of the Members Consultative Group who has followed this project with interest and admiration, I would like to add my own personal kudos to Bob and Maureen for their excellent work. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Tue, 19 May 2009 11:18:16 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=68 The Boskey motion for tentative adoption of the Restatement (Third) of Employment Law subject to the discussions at this meeting and the usual editorial prerogative has passed and the body is now moving on to a discussion of the Principles of Software Contracts. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Tue, 19 May 2009 10:30:16 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=67 Professor Kenneth Dau-Schmidt and others spoke on behalf of a motion to refer this draft of the Restatement (Third) of Employment Law for further study, based on criticisms and suggestions coming out of a conference held by the Labor Law Group at the University of California, Hastings College of the Law, in February of this year. The group 's primary overarching critiques went to the perceived lack of diversity of viewpoint among the Reporters, as well as the question of whether a separate Restatement (Third) of Employment Law is needed. Lively debate on the motion followed, after which the motion failed. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Tue, 19 May 2009 10:15:12 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=66 The vigorous debate continued today on the Restatement (Third) of Employment Law with a discussion of whether the tort of wrongful discipline in violation of public policy should be considered a well-established common-law cause of action, given its recognition in some 43 states, or not, given the fact that significant jurisdictions such as New York are among the seven jurisdictions that do not recognize this tort. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D. Adams Tue, 19 May 2009 09:48:17 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=65 The ALI 's unofficial motto is: "You leave your clients at the door." However, there was one "client" that clearly was in the room for today 's discussions of the duties owed to trespassers to unoccupied land (Restatement of the Law Third Torts: Liability for Physical and Emotional Harm, Section 52) and the employment-at-will doctrine (Restatement of the Law Third, Employment Law, Section 2.01). Several members ' comments with respect to trespassers were informed by the members ' personal experiences and interests as owners of land. Although it was not as explicit, I perceived that the general division with respect to employment-at-will between the academic community and the law firm members had a lot to do with the fact that academics typically work for institutions where the employment-at-will doctrine effectively does not exist, whereas law firm partners and shareholders are employers who want to have the legal protection of the employment-at-will doctrine. I would like to think that my votes on the floor of the Annual Meeting today were based on what I believed was the "best" or "correct" rule after well-informed discussion. However, as I think about how I voted today, I would be less than honest with myself if I did not say that my being a landowner and an employer were relevant to my votes. Can you really leave client number one, your own personal interests, at the door? http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Mark Stichel Tue, 19 May 2009 07:03:17 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=63 The evening 's event is at the Phillips Collection, featuring the famous "Luncheon of the Boating Party" by Renoir. The scene in the picture does not look much like the typical ALI meeting. Thanks to gallery educator Margaret Collerd for teaching us lawyers the finer points of art. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 20:00:01 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=61 Picasso's "Woman With Green Hat." Symbolic of Aggregate Litigation? Employment-at-will? http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 20:00:01 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=62 The business portion of Day One of the Annual meeting has just ended. I am sitting in the ballroom of the Mayflower as I write. For me, the Annual Meeting began last night with the informal new members ' dinner at The Palm. Since this is my second Annual Meeting, I am not a freshman, but a sophomore. But, the organizers of the dinner invited me and I was happy to attend. The new members ' dinner is a good way to be introduced to the ALI. My dinner partner from last year and I have kept in touch during the past year and had lunch together today. It was nice to see some familiar faces from last night at today 's meeting. The ALI has much about which to be proud. I don 't have to tell of the ALI 's storied history and impact on the law. One of the ALI 's unsung credits is that it takes very good care of new members. Last year, I was impressed with the welcome that I received as a new member and this year 's new members received the same welcome. I also was impressed that when I went to the ALI registration yesterday and said my last name, the staff person behind the desk knew my first name without my saying it. The opening session was impressive. Judge Pollak 's introduction of former Attorney General Katzenbach, who was being awarded the Friendly Medal, and Mr. Katzenbach 's acceptance were powerful and moving. One of the things that I learned after last year 's Annual Meeting was that the major addresses given at the Annual Meeting eventually are posted on the Institute website and ultimately published. This morning 's proceedings will be worth reading when they are in printed form. My lunch partner remarked that he rarely has been in a place so crowded as the floor of the meeting during the opening session and seen people as polite and congenial as everyone was. I would add another comment--the civility and gentility of the meeting is evident among all members of the Institute--even among those members who are among the greatest luminaries of the legal profession. I was blocking the stairs from the ballroom floor with my body and my oversized briefcase when the only living recipient of the Friendly Medal other than this morning 's honoree was leaving the ballroom. He would have been well within his rights to be angry that I was blocking his way. Instead, he patiently waited while I cleared the stairs and then thanked me. The substantive part of today 's meeting had lots of floor debate and discussion. I will post my impressions of the rest of Day One later. I 'm off to the reception at the Phillips Collection. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Mark Stichel Mon, 18 May 2009 17:45:00 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=60 One of many interesting topics that were addressed during today 's discussion of Tentative Draft No. 2 of the Restatement (Third) of Employment Law is the line between employment and volunteer activity. The lively floor discussion on Section 1.02 raised a variety of questions ranging from whether Broadway ushers whose sole compensation (and probable inducement for serving as ushers) is to see the show without charge should be treated as volunteers, to whether there is any reason to find that college athletes who generate considerable revenue for their school should be treated as employees for the purpose of this Restatement. On both of these questions, the better answer, as the Reporters acknowledged, seems clearly to be that both the ushers and the athletes should be considered volunteers, not employees. Thus, neither receiving a benefit from one 's work (even a coveted benefit like seeing a popular Broadway show) nor generating revenue will automatically cause a person to qualify as an employee, pursuant to the draft Restatement. Since Section 1.02 's definition of a volunteer also expressly excludes coerced activity on behalf of an employer, there was also some discussion of the merits and demerits of adding a separate section expressly addressing the coerced labor of prisoners. In addition, the kinds of furloughs that so many employers have implemented during these challenging economic times could be considered the flip side of coerced work. Accordingly, there was some discussion of how this Restatement would treat unpaid furloughs. As Reporter Michael Harper pointed out, it seems clear that furloughs would fall within Section 1.02 Comment f 's "employer pressure" language and would thus fall within the scope of employment, as opposed to volunteer activity. Finally, one of the most recurrent issues in any ALI debate is the extent to which the Institute 's work should respond to important issues of public policy as part of its work of restating the law. Along these lines, other discussion centered on whether certain aspects of employment law (such as those prohibiting discrimination and harassment) should as a matter of policy apply to volunteers as well as employees. As part of this discussion, the Reporters reminded the body of the significance of the Institute 's decision to pursue this particular project as a Restatement, instead of a Principles project, which would have provided more of an opportunity for statements of public policy. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog Kristen D Adams Mon, 18 May 2009 17:15:00 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=59 Gerhard Casper notes that his report on nominations is the only thing standing between the audience and Emotional Harm. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 11:45:05 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=53 Most speakers this morning have thanked Judges Wald, Pollak, and Webster for their years of service on the ALI Council. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 11:45:05 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=54 The ALI and ALI-ABA are in good hands with the unflappable Bennett Boskey managing the finances. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 11:45:05 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=52 Nicholas Katzenbach: "It is not easy to tell . . . a client to obey the law." http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 11:30:04 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=51 Judge Pollak described the history of the Friendly Award in terms that made the past winners come to life as if standing with him. His gracious introduction of Nicholas Katzenbach summarized a legendary career in support of liberty and led to a standing ovation for Mr. Katzenbach. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 11:15:08 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=50 ABA president Tommy Wells described some major lobbying successes in the areas of access to justice and judicial independence. These tie into the ABA 's Rule of Law Initiative, which shares many common goals with the ALI 's priorities today. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 11:00:06 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=49 Judge Leval ended by invoking Maurice Sendak in Where the Wild Things Are — "Let the wild rumpus start!" http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 10:30:05 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=48 of Judge Leval is the importance of diversity in carrying out ALI 's mission today. He reminds us that "nobody is compelled to read anything we write" and that we must "continue to earn the world 's trust." http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 10:30:05 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=47 After adjusting the microphone upwards after President Ramo ended, Judge Leval drew a vivid comparison between a painter he knew, who was frustrated at the difficulty of capturing the living sea, and the work and mission of ALI in our complex and changing society. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 10:21:40 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=46 President Ramo 's dynamic opening describes several important new initatives and grants — the Council has been working hard since the last meeting! There is an especially exciting new award for young scholars. She is actively looking for input to the Council on how to use technology creatively in years to come. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 10:18:57 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=45 President Ramo welcomes us to the 86th meeting — "A young age!" she reminds. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 10:15:04 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=44 As sophisticated as the ALI is, its technicians have not been able to improve on the classic "Check One, Check Two" to be sure the mics work. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 10:00:26 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=43 The ballroom is filling at the Mayflower for the first meeting. Many people are reviewing the Torts draft that will be under discussion soon. Some in the back, where I am sitting, are still finishing their crossword puzzles. http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog David Coale Mon, 18 May 2009 10:00:26 http://www.ali.org/index.cfm?fuseaction=meetings.annual_blog&blogid=42