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28 A.L.I. Rep. 1 (2005-2006)

handle is hein.ali/alireporter0028 and id is 1 raw text is: VOLUME 28

W                                7  o|           FALL 2005
PUBLISHED BY T14E AMERICAN LAW INSTITUTE

THAT'S DEBATABLE: THE ALI AS
A PUBLIC POLICY FORUM
Seventh in an occasional series
The ALl and Proposed Statutes,
Part II
n my last letter, I reviewed a num-
ber of ALI's proposed statutes,
such as the Model Penal Code and
the Federal Securities Code, and
posed some questions concerning the
desirability of the ALI's tackling
statutory projects in light of the ever-
present possibility that the proposed
legislation may never be enacted.
Such questions are not merely aca-
demic, as demonstrated by the debate

The President's Letter
at this year's Annual Meeting over
the form of our project on the Recog-
nition and Enforcement of Foreign
Judgments.
The original impetus for our work
on the Foreign Judgments project was
a request by the U.S. Department of
State that we prepare U.S. implement-
ing legislation for an expected Hague
Convention on the subject. As our Re-
porters and Advisers worked, circum-
stances changed at The Hague, and
the effort slowed and finally took a
narrower form. Nonetheless, our ex-
perts encouraged the Institute to draft
proposed U.S. legislation that many
believe would be desirable but is not
likely-for various political reasons-

to receive attention in Congress in the
near term. Thus, this is an example of
the ALI's devoting resources to a pro-
posed federal statute that, although
unlikely to be enacted soon, nonethe-
less has the potential to influence (a)
revisions in state legislation that may
be enactable, (b) litigation in state and
federal courts, and (c) U.S. and inter-
national discussion and debate about
a vital subject. The issue whether the
ALI should engage in such an effort
was the subject of vigorous and con-
structive debate at the Annual Meet-
ing and was resolved in favor of rec-
ommending the proposed statute and
accompanying commentary.
continued on page 2

Professor Ronald M. Dworkin and Judge Richard A. Posner Awarded
Institute's Henry Friendly Medal for Outstanding
Contributions to the Law
Ronald M. Dworkin, the Frank Henry Sommer Professor of Law and
Philosophy at New York University, and Richard A. Posner, Judge and
former Chief Judge of the United States Court of Appeals for the
Seventh Circuit, have received the Institute's Henry Friendly Medal.
They were jointly honored for their prolific and profound contribu-
tions to legal thought in the spirit of the late Judge Friendly. The
awards were presented at a dinner on October 20 during the Council's
meeting in New York City.
In his letter recommending that the Friendly Medal be awarded to
these two men, Chief Judge Michael Boudin, the Chair of the Henry J.
Friendly Award Committee, noted that Professor Dworkin is immense-
ly admired as a legal philosopher associated with the view that morals
play an important part in the development and application of law. He is
thus connected in certain respects to the great natural law tradition with
an associated emphasis on personal rights which is one of the two cen-
a                                        tral strains in Anglo American legal thinking.... In legal philosophy,

rot once int accord, lFrojussur DwomI Ir ntt an jud   sUnet
both enjoy their moment of well-deserved recognition on
receiving the Friendly Medal.

continued on page 6

IT.

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