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27 A.L.I. Rep. 1 (2004-2005)

handle is hein.ali/alireporter0027 and id is 1 raw text is: VOLUME 27 NUMBER 1 FALL 2004 A PUBLISHED BY THE AMERICAN LAW INSTITUTE It is a pleasure to have this letter be one from our Director, Lance Liebman, about one of my favorite subjects, Res- titution and Unjust Enrichment, and the elegant work that Professor Andrew Kull is doing as Reporter. The project is already beginning to fulfill its great promise of bringing reason and order, as well as Professor Kull's incisive commentary, to this area of the law, an important one for its substan- tive principles, its array of remedies, and its fruitfulness as a resource for solving problems. In describing our trip to the Great Onyx Cave, the sub- ject of a leading case in restitution, Lance refers to my persistence in advo- cating for the trip. That persistence was attended by my promise and reas- The President's Letter surance to our Director that I would not urge him or the Institute to spon- sor a trip to the Long Island Railroad station where Mrs. Palsgraf was wait- ingfor a train to Rockaway Beach or to Tacoma where Mr. Olwell's egg-wash- ing machine, which he had placed in storage during World War II, was used without compensation by the Nye & Nissen Co. until he obtained restitu- tion for unjust enrichment in another landmark case. Lance and I both wel- come suggestions for other field trips, but unless there is an overwhelming demand, those two locations are proba- bly off limits, at least for now. Michael Traynor President Council Approves FinaJ Segment of Agency Restatement for Submission to Annua Meeting At its meeting in Philadelphia on October 21-22, the Council reviewed and approved what is expected to be the sixth and final installment of the Institute's current project on Agency. After revisions by Reporter Deborah A. DeMott of Duke Uni- versity School of Law resulting from the Council's review, Tentative Draft No. 6 will be submitted for consideration by the membership at the 2005 Annual Meeting in May. Approval at that Meeting will clear the way for publication of a new Restatement Third of Agency. Also on the agenda of the October Coun- cil meeting were reports on the new International Intellectual Property and Sentencing projects. Council Draft No. 6 of Restate- ment Third, Agency, contained a new Chapter 8 on the duties of agents and principals to each other. It also included two previously con- troversial sections from Chapter 5, Notifications and Notice, that in ear- lier versions had been considered at two previous Annual Meetings and had since been further revised as a result of those discussions. Sections continued on page 3 estatement Third, Restitu- tion and Unjust Enrichment, is one of the ALI's most im- portant and most interesting proj- ects. I knew virtually nothing about the law of restitution until I became the ALI Director in 1999. If restitu- tion was discussed during my law- school days or in my first 30 years as a Property teacher, I don't re- member it. Like many other Insti- tute members, I listened in fascina- tion at the early meetings on Resti- tution Third as Andrew Kull guid- ed us through an introduction to his remarkable intellectual domain. Now I know a bit about restitu- tion: that it is substantive law, not (only) a remedy; that Restitution and Unjust Enrichment communicates better as a title; that Professors Scott and Seavey achieved intellectual breakthroughs when they organized disparate justice- and fairness-seek- ing common-law decisions in the first Restatement, completed in 1937; that their work is better known today in Germany, Britain, and Canada, where the ALI's codification of resti- tution doctrine had and has great influence; that Professor William Young made significant progress with his work on Restitution Second, sadly not completed; and that devel- opments in the field continue as courts face new fact situations that call for judicial intervention. Our current work is important and successful for two reasons. Andrew Kull is a rare modern scholar: deeply immersed in doc- continued on page 2 IN THIS ISSUE... Actions Taken on David Levi Annual Meeting Annual Meeting Drafts Elected to Council Speakers Announced ...page 4 ...page 4 ...page 5

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