The President’s Letter

As detailed elsewhere in this issue, at our Annual Meeting this year we approved and discussed various project drafts, called for further analysis of the controversial subjects of imputed notice to principals in Agency and toxic substances and factual causation in Torts, and enjoyed a high registration (almost 900 members) and excellent attendance in all sessions throughout the meeting. We also listened to thought-provoking speakers, including Justice Sandra Day O’Connor, Judge Patricia Wald, White House Counsel Alberto Gonzales, and First Vice President Conrad Harper. We accomplished this in three days rather than the four days that have been traditional. Many members commented favorably on completing our agenda in three days and there seemed to be virtually no criticism of this approach, or at least I heard of none. One unexpected and beneficial side effect was that members seemed pleased to be able to attend the various sessions without having to wait an extra day or two for a particular topic of their choice or having to return home instead.

We originally envisioned this year’s three-day Meeting as an unusual occurrence, and we had planned to return to the four-day format for our Meeting next year in Chicago. Instead, we have decided to try the three-day format again to see if it will work as well as it seemed to do this year. After the Chicago Meeting, we will reevaluate the situation and decide whether we should again have a four-day Meeting when we return in 2004 to Washington, D.C.

Although the decision this year was driven primarily by the fortuitous circumstances of our work flow and project scheduling—not quite enough to justify stretching an agenda over four days but plenty to occupy three days—there are other relevant considerations as well, especially the many competing demands on the time of our members. The lives of lawyers, judges, and law teachers are increasingly busy, and we want to make the time you so generously give us as productive, effective, rewarding, and enjoyable as possible.

To this end, we are considering related changes. I have asked Director Lance Liebman, and Deputy Directors Elena Cappella and Michael Greenwald, to work closely with the Reporters on our various projects to identify and organize in advance an agenda of key policy and substantive issues to be addressed when a draft comes before the Annual Meeting, much as we have already been doing in recent years with our Uniform Commercial Code drafts. We want increasingly to focus the main attention and time of our members on such issues while continuing to encourage you to submit helpful drafting and editorial suggestions in wriing before or after the Meeting. I am also asking our Director and Deputy Directors to persuade and help the Reporters get their drafts in shape early to facilitate well-focused discussions. In chairing meetings, I can say unequivocally that there is a direct relationship between the quality and clarity of the drafts and the productivity of the discussion on the floor.

We will not make any change permanently or precipitously, and the change to a three-day format this year and next should be viewed as an experiment. In some years, the flow of project material will in any event almost certainly require a longer meeting. Moreover, the increased use of an agenda of key issues as a means of better focusing our discussions will not preclude members from bringing to the attention of the floor additional issues that concern them. Our aim is to make the best possible use of the collective wisdom of those who have given us their time and attention, but certainly not to inhibit anyone from drawing the attention of the membership to matters that might otherwise have been overlooked. On this, as well on any other issues concerning the Institute, I would appreciate hearing your comments, criticisms, and suggestions.

I am delighted to report that at our Chicago Meeting we will again have especially interesting speakers. Mary Robinson, formerly President of Ireland and presently the United Nations High Commissioner for Human Rights, who is an Institute member, will address our Annual Dinner on Tuesday evening, May 13. Our lunch speakers will be Peter Trooboff, a distinguished international lawyer, representing the class of life members on Tuesday, and Wisconsin Chief Justice Shirley Abrahamson on Wednesday. At the lunch on Monday we will have the usual relatively informal session at which Director Liebman and other officers will attempt to answer any questions you may have about the Institute and its procedures. At the opening session on Monday morning there will be remarks by Judge Diane Wood of the United States Court of Appeals for the Seventh Circuit and Alfred P. Carlton, Jr., President of the American Bar Association.

Please save the dates May 12-14, 2003, and plan to attend as much of the Chicago Meeting as you can.

Michael Traynor

President