At the 87th Annual Meeting of The American Law Institute (ALI), the membership elected seven new members to the Institute’s Council and approved final tentative drafts of two Restatement of the Law projects. The ALI Annual Meeting, which combines tradition, scholarly debate and important addresses, draws more than 700 members each year. The 87th Annual Meeting was held May 17-19 in Washington, DC. The Honorable Stephen Breyer, Associate Justice of the United States Supreme Court, was the keynote speaker.
The ALI Council, the governing body of the ALI, is a group of prominent judges, lawyers and academics from every region of the country.
The new Council members elected at the 87th Annual Meeting are:
- Anton G. Hajjar, Washington, DC. Hajjar is a principal at O’Donnell, Schwartz & Anderson where he represents unions and union workers. He actively participates in the Members Consultative Group for the Restatement of Employment Law project. His J.D. is from Tulane University and his B.A. is from Fordham University.
- Gail K. Hillebrand, San Francisco, Calif. Hillebrand is a senior attorney at Consumers Union where she manages the credit and finance team of advocates and engages in legislative and administrative advocacy. She participated in the Members Consultative Group for ALI’s Software Contracts project. Hillebrand holds a J.D. from the University of California Berkeley School of Law and a B.A. from the University of California, San Diego.
- Judith A. Miller, Chevy Chase, Md. Miller recently served as general counsel for Bechtel Group and was previously a partner at Williams & Connolly. She also served as general counsel at the U.S. Department of Defense. Miller is a member of the ALI Outreach Committee and a past member of its Special Committee on Institute Size. She holds a J.D. from Yale University and a B.A. from Beloit College.
- Yvonne Gonzalez Rogers, Oakland, Calif. Judge Rogers is on the California Superior Court for Alameda County. She is a member of the ALI Outreach Committee and participates in the Members Consultative Group for two Restatement projects: Employment Law and Restitution. She holds a J.D. from The University of Texas School of Law and a B.A. from Princeton University.
- Marsha E. Simms, New York, N.Y. Simms is a partner in the banking and finance group of the corporate department at Weil, Gotshal & Manges. She is a member of the Members Consultative Group for ALI’s project on world trade law and also participated in the recent Critical Issues Summit cosponsored by American Law Institute-American Bar Association Continuing Professional Education (ALI-ABA). Simms holds a J.D. from Stanford University and a B.S. from Barnard College.
- Catherine T. Struve, Philadelphia, Pa. Struve is a professor at the University of Pennsylvania Law School where she teaches in the areas of civil procedure, federal courts and federal Indian law. She participated in the Members Consultative Group for ALI’s Aggregate Litigation project. Struve holds a J.D. and B.A. from Harvard University.
- David K. Y. Tang, Seattle, Wash. Tang is the managing partner, Asia, at K & L Gates where he focuses on foreign investment, cross-border financings, mergers and acquisitions and real property-related transactions. He recently chaired the Board of the Federal Reserve Bank in San Francisco and is a prior president of the American Bar Foundation. Tang holds a J.D. from Columbia University and an A.B. from Harvard University.
In addition, the membership reelected the following current Council members:
- José I. Astigarraga, Astigarraga Davis, Miami, Fla.
- Amelia H. Boss, Drexel University Earle Mack School of Law, Philadelphia Pa.
- N. Lee Cooper, Maynard, Cooper & Gale, Birmingham, Ala.
- George H. T. Dudley, Dudley, Topper and Feuerzeig, LLP, St. Thomas, Virgin Islands
- Carolyn Dineen King, U.S. Court of Appeals, Fifth Circuit, Houston, Texas
Former Council member Daniel J. Meltzer, who recently returned to Harvard Law School after serving as Principal Deputy Counsel to the President of the United States, also was elected to the Council.
The Institute’s governance structure provides that new Council terms are for five years with a three-term limit. The structure also provides transition rules for rotating off the Council those who were on the Council in May 2007 when the structure went into effect. Thus, each year through 2022, several long-term Council members will transition to emeritus status. Bennett Boskey, Gerhard Casper, George Clemon Freeman, Jr., Philip S. Anderson, Wm. Reece Smith, Jr. and Herbert P. Wilkins moved into that esteemed class in May 2010. The Council currently has 58 members and 23 Council emeriti. For a full list of Council members, visit www.ali.org and select “About ALI” and then “Officers & Council.”
ALI members also approved final tentative drafts of two Restatement of the Law projects: Property and Restitution. Approval of the drafts cleared the way for publication of the official texts of these projects.
Reporters Lawrence W. Waggoner and John H. Langbein presented the Restatement of the Law Third, Property (Wills and Other Donative Transfers). The final tentative draft contains material on present and future interests and the Rule Against Perpetuities. Two volumes of this Restatement have already been published; the material approved at the 87th Annual Meeting will be published in a final volume along with previouslyapproved material on class gifts and powers of appointment. This work will replace the Restatement of the Law Second, Property (Donative Transfers).
Andrew Kull, the reporter for the Restatement of the Law Third, Restitution and Unjust Enrichment, presented the final tentative draft of his work dealing with defenses to restitution and remedies. When published, this project will replace the original Restatement of the Law of Restitution published in 1936.