The American Law Institute Announces Four New Projects

PHILADELPHIA — The American Law Institute announced today that it will begin four new projects in 2015. Three of the new projects will be Restatements of the Law and the fourth a Principles of the Law publication. They are: Restatement of the Law, Copyright; Restatement of the Law Third, Conflict of Laws; Restatement of the Law Fourth, Property; and Principles of the Law, Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations.

"I am thrilled that the Institute will be tackling these important issues," said ALI Director Richard Revesz. "When we are considering projects, we look for areas of law where ALI can provide the most benefit to judges, lawmakers, and practitioners. The Institute has previously done groundbreaking work with earlier Restatements of Conflict of Laws and Property, and we believe that the time is right to reexamine these areas. Copyright and Corporate Compliance are new projects for ALI, but they are two areas that are of vital importance in our country."

A project is undertaken by the Institute only upon the careful consideration and prior approval of its officers and the Council, ALI's governing body. The draft of the project is prepared by one or more Reporters and Associate Reporters, usually distinguished academics, with input from a diverse group of Advisers and ALI members and Council.

Details of the new projects are as follows:

Restatement of the Law, Copyright
The Restatement of Copyright Law will focus on the generally applicable parts of copyright law, including the subject matter of copyright; the scope of the exclusive rights granted by copyright; copyright "formalities"; the rules governing ownership and transfer of copyrights; the duration of copyright; the standard for copyright infringement; rules regarding the circumvention of copyright protection systems; defenses to copyright infringement, including the first sale limitation and fair use; and remedies, including actual and statutory damages, attorneys' fees, preliminary and permanent injunctive relief; and criminal penalties.

Restatement of the Law Third, Conflict of Laws
The Third Restatement of Conflict of Laws will be similar to its predecessors in structure and coverage. Its choice-of-law sections will cover torts, property, contract, business organizations, family law and other status questions, and trusts and estates. The Restatement will also cover distinctive choice-of-law issues—the nature of the choice-of-law problem, whether different state or national laws can govern different issues, and what use to make of the choice-of-law rules of other jurisdictions.

Restatement of the Law Fourth, Property
The new Property Restatement aims to make property law more accessible and easier to understand. The project will address classification of entitlements, possession, accession, and acquisition; ownership powers; protection of and limits to ownership rights; divided and shared ownership; title and transfer; easements, servitudes, and land use; and public rights and takings.

Principles of the Law, Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations
The target audience for this project includes outside counsel specializing in the areas of compliance and risk management; in-house attorneys, compliance officers, and other personnel who carry out internal control responsibilities; government regulators and prosecutors; and commentators, scholars, and people involved in law reform initiatives. The project will be divided into four parts: compliance, enforcement, risk management, and governance.

"The American Law Institute has worked to clarify, modernize, and improve the law for more than 90 years," said ALI President Roberta Cooper Ramo. "The projects that we undertake, including Restatements, Principles, and Model Codes, are so highly valued by the legal profession because they are the product of careful drafting by distinguished Reporters and Associate Reporters, analysis by Advisers who are experts in the field, and additional review by ALI's Council and our engaged and dedicated membership."

The following Reporters and Associate Reporters are confirmed for the four new projects*:

Restatement of the Law, Copyright
Reporter: Christopher Jon Sprigman, New York University School of Law
Associate Reporters: Daniel Gervais, Vanderbilt University Law School; Lydia Pallas Loren, Lewis & Clark Law School; R. Anthony Reese, University of California, Irvine School of Law; Molly Van Houweling, University of California, Berkeley School of Law

Restatement of the Law Third, Conflict of Laws
Reporter: Kermit Roosevelt III, University of Pennsylvania School of Law
Associate Reporters: Laura E. Little, Temple University Beasley School of Law; Christopher A. Whytock, University of California Irvine School of Law

Restatement of the Law Fourth, Property
Reporter: Henry E. Smith, Harvard Law School
Associate Reporters: Sara Bronin, University of Connecticut School of Law; John C.P. Goldberg, Harvard Law School; Daniel B. Kelly, Notre Dame Law School; Brian A. Lee, Brooklyn Law School; Tanya Marsh, Wake Forest University School of Law; Thomas W. Merrill, Columbia Law School; Christopher M. Newman, George Mason University School of Law

Principles of the Law, Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations
Reporter: Geoffrey P. Miller, New York University School of Law
Associate Reporters: Jennifer H. Arlen, New York University School of Law; James A. Fanto, Brooklyn Law School; Claire A. Hill, University of Minnesota Law School

*Additional project team members may be added.