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30 A.L.I. Rep. 1 (2007-2008)

handle is hein.ali/alireporter0030 and id is 1 raw text is: VOLUME 30

Re4

NUMBER I
PUBLIH   B rTEAERFALL 2007
PUBLISHED BY THE AMERICAN LAW INSTITUTE

The President's Letter
THAT'S DEBATABLE: THE ALI AS A PUBLIC POLICY FORUM
Eleventh in an occasional series

The Restatement of Conflicts-

arlier this year, the Association of American Law
Schools held a program on the question: Did the First
Restatement Adopt a Reform Agenda? Organized
skillfully and effectively by Professor Patrick Kelley of
Southern Illinois University School of Law, the three-hour
program included scholarly presentations on five of the
original Restatements and the Restatement process, after
which I made some comments. The formal talks and ensu-
ing discussions led to law-review articles soon to be pub-
lished in a Symposium issue of the Southern Illinois
University Law Journal. Professor Kelley writes an introduc-
tory essay as well as an article on torts, Professor Mark
Movsesian writes on contracts, Dean Symeon Symeonides
on the conflict of laws, Professor and ALI Reporter Deborah
DeMott on agency, Professor and ALI Reporter Andrew
Kull on restitution, and Professors Kristen Adams and

-Time for Another Look?

Natalie Hull on the Restatement process. I write on the
vision of the Institute, then and now, and address the pres-
ent status of the five Restatement subjects discussed (with
extended consideration of the conflict of laws), the selection
of Restatement topics and Reporters, the implications of the
Symposium articles for our future projects, the question
whether the Institute can continue to match the vision of its
founders (which, unsurprisingly, I answer Yes), and a few
ideas for future projects.
This letter will examine briefly just one subject, the
conflict of laws. For the history of ALI's work on that
topic, I draw substantially from Dean Symeonides's arti-
cle, The First Conflicts Restatement Through the Eyes of Old:
As Bad as Its Reputation? In that careful review, he makes
the following points: that all the available evidence sug-
gests that whatever changes the Advisers were able to
make did not involve any of the Restatement's funda-
continued on page 2

U.S. District Judge Lee H
and litigation attorney Ki
who were recently elected
addressed their colleagues
New York on October 18.

Council Approves Employment Law Draft
for 2008 Annual Meeting
At its meeting in New York City on October 18-19, the Council unani-
mously approved a draft of Restatement Third, Employment Law, subject
to changes the Reporters will make in response to discussion at the meet-
ing and to editorial and other minor improvements. Chief Reporter
Samuel Estreicher and Reporters Michael C. Harper and Stewart J.
Schwab presented Council Draft No. 2 containing revised Chapters 1, 2,
and 4 on the existence of an employment relationship, contractual law
dealing with the termination of the employment relationship, and the tort
of retaliation in violation of public policy. A Tentative Draft of the mate-
rial will be submitted to the membership at the 2008 Annual Meeting.
Rosenthal of Houston   Also at the October meeting, the Council productively discussed but took
im J. Askew of Dallas,  no formal action on drafts in the Institute's projects on Nonprofit
to the ALI's Council,  Organizations and Economic Torts. At its next meeting on December 6-7 in

at the Council dinner in

continued on page 10

The

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