From: Wright, Richard <rwright@kentlaw.iit.edu>
To: Private Law Theory <steve@private-law-theory.org>
obligations@uwo.ca
Date: 21/10/2018 05:10:27 UTC
Subject: Re: ALI Elects 31 New Members

I meant to send my message copied below only to Steve Hedley and Jason Neyers, for them to peruse and possibly post relevant messages regarding the newly elected  foreign members of the ALI to their respective lists. I inadvertently sent it to all on Jason's Obligations Discussion Group (ODG) list, with added comments meant only for Steve and Jason. I now fill in information requested by some in response to my inadvertent posting on the ODG, which I usually try to avoid posting on directly due to the huge number of bounce-back messages from those "away," no longer members of the ODG list, or with no longer active email accounts. It would be great for me and others if there were a way to screen out these bounce-back messages resulting from postings on ODG, which discourage me and others from posting on ODG.

The newly elected and highly qualified foreign members of the American Law Institute are Donal Nolan (Oxford), Mauro Bussani (Trieste), and Timothy McEvoy (Melbourne). As a side note, both Donal and Mauro are working with me and others on a new "Standards of Care" project for the Common Core of European Private Law group.

While meaning to spread notice of this deserved recognition of Donal, Mauro and Timothy, I also noted (I thought only to Steve and Jason) the unfortunate politicization of the American Law Institute, members of which are supposed to "leave their clients at the door" when participating in ALI meetings and instead consider proposed Restatement (and other) provisions objectively based on the current and best future direction of the law from the standpoint of justice to all. I and many others, including some who responded privately to my message below, have observed the unfortunate politicization of the American Law Institute, similar to the politicization of appointments to the US Supreme Court and every issue considered by Congress and state legislatures, almost all of which have been captured by the financial and political power of those lobbying on behalf of corporate and other legal defense interests rather than a consideration of just and equitable treatment for all.

Although, as a longtime (now life) member of the ALI, I had noticed the increasing tendency of members of the ALI who were members of or served corporate or other defendant-friendly interests to argue for their clients' interests rather than just and equitable solutions, it became crystal clear to me a couple of years ago that the corporate/defense interests are using the ALI as just one more means to promote their clients' interests. The topic was how to define "offensiveness" for purposes of a battery action. Somehow, I suppose because of signing on to some objection to an unrelated ALI proposal, I became a member of a list organized by the corporate/defendant side to pursue their agendas. They prepared a couple of memos that severely misstated the case law on the issue, aggressively recruited attendance at the ALI annual meeting by all corporate/defense members of the ALI, and succeeded in having them show up (since a large number of them are in DC as lobbyists for corporate/defense interests) at the annual meeting, and narrowly outvoted those in attendance to overrule the reporters' proposals, despite overwhelming support of the reporters' proposals by the ALI Council members in attendance and the (unfortunately, few) academic members in attendance.

This same scenario has played out on multiple recent issues in the ALI, as other academic members of the ALI have noted in response to my message below.

- RWW

On Sat, Oct 20, 2018 at 12:39 AM, Wright, Richard <rwright@kentlaw.iit.edu> wrote:
See the three newly elected foreign members at the end of the list. While a significant honor to them, unfortunately the ALI, like other US institutions, has become political and captured by industry/defense interests.

---------- Forwarded message ----------
From: The American Law Institute <ali@ali.org>
Date: Thu, Oct 18, 2018 at 2:42 PM
Subject: ALI Elects 31 New Members
To: rwright@kentlaw.iit.edu


 

The American Law Institute News & Updates

The American Law Institute Elects 31 New Members

 

The American Law Institute has elected 31 new members who will bring their expertise to ALI’s work of clarifying the law through Restatements, Principles, and Model Codes. Members were selected from confidential nominations submitted by ALI members for the June 15, 2018 deadline. Membership proposals received thereafter and prior to the September 15 deadline will be considered in December.

 

“ALI’s membership is known for its judgment, collective experience, and analytic ability,” said ALI President David F. Levi. “I am pleased to welcome this extraordinary group of new members who will bring their talent, wisdom, and dedication to the important work of the Institute.”

 

Election of these new members raises ALI's total number of elected members to 2,847.* Visit the Newly Elected Members page to view biographical sketches of the new members.

 

Arizona

Mary H. Murguia, Phoenix – Judge, U.S. Court of Appeals, Ninth Circuit

 

California

Janis Lynn Sammartino, San Diego – Judge, U.S. District Court, Southern District of California

Lois Weithorn, San Francisco – Professor, University of California, Hastings College of the Law

 

Connecticut

Carol M. Rose, New Haven – Retired Professor, Yale Law School

 

District of Columbia

E. Donald Elliott – Co-Chair, Environmental Practice, Covington & Burling LLP

Susan R. Jones – Professor, Clinical Law & Director, Small Business Clinic, George Washington University Law School

Steven M. Marks – Chief, Digital Business & GC, Recording Industry Association of America

Kannon Kumar Shanmugam – Partner, Williams & Connolly LLP

Lucy L. Thomson – Partner, Livingston PLLC

 

Florida

Mary Anne Franks, Miami – Professor, University of Miami School of Law

Beverly A. Pohl, Fort Lauderdale – Partner, Nelson Mullins Riley & Scarborough, LLP

 

Georgia

Barbara Bennett Woodhouse, Atlanta – Professor, Emory University School of Law

 

Illinois

Emily Kadens, Chicago – Professor, Northwestern University Pritzker School of Law

 

Indiana

Mark D. Janis, Bloomington – Professor, Indiana University Maurer School of Law

Mark McKenna, Notre Dame – Professor, Notre Dame Law School

 

Iowa

Robert W. Pratt, Des Moines – Senior Judge, U.S. District Court, Southern District of Iowa

 

Louisiana
Brian A. Jackson, Baton Rouge – Judge, U.S. District Court, Middle District of Louisiana**

 

Maryland

Leigh S. Goodmark, Baltimore – Professor, University of Maryland, Francis King Carey School of Law

David C. Gray, Baltimore – Professor, University of Maryland, Francis King King Carey School of Law

 

Massachusetts

Theodore J. Folkman, Boston – Shareholder, Murphy & King, P.C.

Elizabeth A. Renuart, Boston – Of Counsel, National Consumer Law Center

 

Minnesota

Malini Moorthy, Minneapolis – Vice President and Chief Deputy GC, Medtronic, Inc.

 

New York

Anne Milgram, New York – Professor, New York University School of Law

 

Pennsylvania

James Christie, Philadelphia – President, Christie & Young PC

Ellen Wertheimer, Villanova – Professor, Villanova University School of Law

 

Puerto Rico

Andres W. Lopez, San Juan – Partner, Law Office of Andres W. Lopez P.S.C.

 

Texas

Darren B. Moore, Fort Worth – Partner, Bourland, Wall & Wenzel P.C.

 

Vermont

Andrew D. Manitsky, Burlington – Partner, Lynn, Lynn, Blackman & Manitsky, P.C.

 

Virginia

Anthony John Trenga, Alexandria – Judge, U.S. District Court, Eastern District of Virginia

 

FOREIGN

 

Australia

Timothy J. McEvoy, Melbourne – Queen’s Counsel, Victorian Bar

 

England

Donal Nolan, Oxford – Professor, Worcester College, University of Oxford

 

Italy

Mauro Bussani, Trieste – Professor, University of Trieste

 

 

* The Institute's elected membership of lawyers, judges, and law professors is limited to 3,000. The total membership of more than 4,600 includes ex officio members, honorary members, and life members (those elected members who have attained more than 25 years).

 

** Elected in July 2018.

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