Featured Articles from Inside the ALI

The American Law Institute appropriately describes itself as “the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.” From time to time, it is important for the ALI, as for all organizations, to spend time and energy clarifying its own mission. Over the past year, we have devoted significant effort to this important endeavor.

At its January meeting, the Council approved the launch of the final three components of the Restatement Third of Torts. The projects tentatively are titled: Remedies; Defamation and Privacy; and Concluding Provisions. With these projects, the ALI aims to complete an effort that began nearly three decades ago, when we started work on the Restatement of the Law Third, Torts: Products Liability. And when these projects are completed, the ALI will have produced a body of work that entirely supersedes the Restatement Second of Torts.

In an effort to show that the ALI’s influence is not confined to the states, in my last letter I focused on the impact of our work on the development of federal common law, both in the Supreme Court and the U.S. Courts of Appeals. In this letter, I look more specifically at the use of ALI materials by the Supreme Court during the 2013 to 2015 Terms.

More from Inside the ALI

Securing the ALI’s Second Century

The American Law Institute will celebrate its 100th anniversary next year. An occasion of this sort is a natural time for us to reflect on what we have been able to accomplish in our first 100 years, as well as an opportunity to plan for the Institute’s future.

The Restatement of Liability Insurance in the Courts

It is gratifying to see that the Restatement of Liability Insurance is proving useful to judges because it has been one of the ALI’s more contentious projects. Approved by the ALI membership in 2018 and published a year later, the Restatement of Liability Insurance has now been cited in over 50 cases by state and federal courts.

Institute in the Courts: Foreign Relations 4th Gains Attention

The Restatement of the Law Fourth, The Foreign Relations Law of the United States: Selected Topics in Treaties, Jurisdiction, and Sovereign Immunity, which was published in 2018, has been receiving significant attention in federal and state courts.

October 2021 Council Meeting Updates

At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.

The ALI and the Pandemic

This Director’s Letter was originally published in the summer 2021 edition of The ALI Reporter.

U.S. Supreme Court Cites Model Penal Code

In Borden v. United States, No. 19-5410 (June 10, 2021), the U.S. Supreme Court held that a criminal offense that requires only a mens rea of recklessness does not constitute a “violent felony” for purposes of an enhanced sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e).

Completing an ALI Project: Lessons from Reporters

Have you ever wondered what exactly goes into completing an ALI project? There’s nobody better to talk about the ALI process than four veteran Reporters whose projects may be completed at the 2021 Annual Meeting.

The Continuing Support of Our Founding Donor

The preparations underway for our 100th anniversary give us a welcome opportunity to take stock of the many contributors who have enabled our extraordinary successes over the past century.

The Story of The American Law Institute

Interested in learning more about The American Law Institute’s rich history? Visit ALI’s online timeline, where you can read about all of the Institute’s publications, Presidents, and Directors.