American Law Institute
Encyclopedia
The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of American common law
and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law
, Principles of the Law, model codes, and other proposals for law reform. The ALI is headquartered in Philadelphia, Pennsylvania
, near the Drexel University
Earle Mack School of Law and University of Pennsylvania Law School
.
, Dean of the University of Pennsylvania Law School
, following a study by a group of prominent American judges, lawyers, and teachers who sought to address the uncertain and complex nature of early 20th century American law. According to the "Committee on the Establishment of a Permanent Organization for the Improvement of the Law," part of the law's uncertainty stemmed from the lack of agreement on fundamental principles of the common-law system, while the law's complexity was attributed to the numerous variations within different jurisdictions. The Committee recommended that a perpetual society be formed to improve the law and the administration of justice in a scholarly and scientific manner.
The organization was incorporated on Friday, February 23, 1923, at a meeting called by the Committee in the auditorium of Memorial Continental Hall
in Washington, D.C.
According to ALI's Certificate of Incorporation, its purpose is "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work."
ALI members are obligated to actively support the work of the Institute, including attending Annual Meetings and other project conferences, joining Members Consultative Groups for Institute projects, and submitting comments on project drafts. Members are asked to write, speak, and vote on the basis of their own personal and professional convictions, without regard to client interests, so as to maintain ALI’s respected reputation for thoughtful and impartial analysis.
The third series of Restatements was started in 1987 with a new Restatement of the Foreign Relations Law of the United States. The Restatement Third now includes volumes on Agency, the Law Governing Lawyers, Property (Mortgages, Servitudes, Wills and Other Donative Transfers), Restitution and Unjust Enrichment, Suretyship and Guaranty, Torts (Products Liability, Apportionment of Liability, and Physical and Emotional Harm), and Unfair Competition. New Restatement projects on Economic Torts, Employment Law, Trusts, and the U.S. Law of International Commercial Arbitration are currently underway as part of the Restatement Third series.
Restatements are essentially codifications of case law
, common law judge
-made doctrines that develop gradually over time because of the principle of stare decisis
. Although Restatements are not binding authority in and of themselves, they are highly persuasive because they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is (and in some areas, what it should become). All told, the Restatement of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law.
(issued in 1994), the American Law Institute has more recently undertaken intensive studies of areas of law thought to need reform. This type of analysis typically results in a publication that recommends changes in the law. Principles of the Law issued so far include volumes on Aggregate Litigation (2010), Family Dissolution (2002), Intellectual Property (2008), Software Contracts (2010), Transnational Civil Procedure (2006; cosponsored by UNIDROIT
), and Transnational Insolvency: Cooperation Among the NAFTA Countries (2003). Work in the Principles of the Law series continues with projects covering Nonprofit Organizations, Government Ethics, and other topics.
(NCCUSL).
The chief joint ALI-NCCUSL project is the Uniform Commercial Code
(UCC), which the Institute has been developing and revising with the National Conference since the 1940s. First published in 1952, the UCC is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales
and other commercial transactions in all 50 states
within the United States of America. The Uniform Commercial Code is generally viewed as one of the most important developments in American law, having been enacted (with local adaptations) in almost every jurisdiction.
The Model Penal Code
(MPC) is another ALI statutory formulation that has been widely accepted throughout the United States. Adopted by the Institute membership in 1962 after twelve years of drafting and development, the Code's purpose was to stimulate and assist legislatures in making an effort to update and standardize the penal law of the United States. Primary responsibility for criminal law lies with the individual states, and such national efforts work to produce similar laws in different jurisdictions. The standard they used to make a determination of what the penal code should be was one of "contemporary reasoned judgment" — meaning what a reasoned person at the time of the development of the MPC would judge the penal law to do. The Chief Reporter for this undertaking was Herbert Wechsler
, who later became a Director of the Institute.
A current ALI project is working to revise the Model Penal Code's sentencing provisions in light of the many changes in sentencing philosophy and practice that have taken place since the Code was developed in the 1950s and 1960s.
One particularly interesting ALI project was the Statement of Essential Human Rights. In response to reports of human rights atrocities during World War II
, the Institute in 1942 appointed a committee of lawyers and political scientists, supposedly representing the principle cultures of the world, to compile a list of agreed-upon individual rights: an international bill of rights. The committee reported to the ALI Council in February 1944. Although the project was never presented for a vote by the ALI membership, the Statement of Essential Human Rights was published in 1945 by the Americans United for World Organizations, Inc., independently of the Institute. Along with other sources, the Statement was then used to prepare the United Nations
’ Universal Declaration of Human Rights
, which the General Assembly
adopted on December 10, 1948.
The final product thus reflects the review and criticism of experienced members of the bench, bar, and academia. The process many take many years, and it is not unusual for a single Restatement of the law project to take over twenty years to complete.
asked the American Law Institute to collaborate in organizing a national program of continuing legal education
(CLE) for practicing attorneys. The need to establish a permanent entity devoted to the continuing training of lawyers became apparent after the end of World War II
, as young lawyers returning from years of military service overseas found that they needed refresher courses in the law. Furthermore, the huge complex of government regulations that had begun with the New Deal
and had greatly expanded during the war years provided another impetus for the post-admission education of all lawyers, whether or not they were veterans.
The governing bodies of ALI and ABA approved a Memorandum of Understanding in 1947 that created a "Committee on Continuing Education of the Bar of the American Law Institute Collaborating with the American Bar Association," comprising representatives from both organizations. Initial work focused on producing a series of CLE publications for a national audience and on encouraging and assisting state and local bar groups to establish and conduct their own programs of continuing legal education.
Since then, ALI-ABA has expanded its activities from book and electronic publishing to national courses of study, teleseminar and webcasting presentations, and various other innovative CLE delivery methods. ALI-ABA also publishes several periodicals, including The Practical Lawyer (est. 1955), The Practical Litigator, The Practical Real Estate Lawyer, The Practical Tax Lawyer, the ALI-ABA Business Planning Course Materials Journal, and the ALI-ABA Estate Planning Course Materials Journal.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law
Restatement of the Law
In American jurisprudence, the Restatements of the Law are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law...
, Principles of the Law, model codes, and other proposals for law reform. The ALI is headquartered in Philadelphia, Pennsylvania
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
, near the Drexel University
Drexel University
Drexel University is a private research university with the main campus located in Philadelphia, Pennsylvania, USA. It was founded in 1891 by Anthony J. Drexel, a noted financier and philanthropist. Drexel offers 70 full-time undergraduate programs and accelerated degrees...
Earle Mack School of Law and University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...
.
Creation of the Institute
The American Law Institute was founded in 1923 on the initiative of William Draper LewisWilliam Draper Lewis
William Draper Lewis was the first full-time dean of the University of Pennsylvania Law School and the founding director of the American Law Institute.-Personal life and education:...
, Dean of the University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...
, following a study by a group of prominent American judges, lawyers, and teachers who sought to address the uncertain and complex nature of early 20th century American law. According to the "Committee on the Establishment of a Permanent Organization for the Improvement of the Law," part of the law's uncertainty stemmed from the lack of agreement on fundamental principles of the common-law system, while the law's complexity was attributed to the numerous variations within different jurisdictions. The Committee recommended that a perpetual society be formed to improve the law and the administration of justice in a scholarly and scientific manner.
The organization was incorporated on Friday, February 23, 1923, at a meeting called by the Committee in the auditorium of Memorial Continental Hall
Memorial Continental Hall
Memorial Continental Hall is owned & operated by the Daughters of the American Revolution. It also serves as the organization's National Society headquarters. Memorial Continental Hall is located alongside DAR Constitution Hall, connected by a third building that houses the DAR Museum...
in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
According to ALI's Certificate of Incorporation, its purpose is "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work."
Membership
Membership in the American Law Institute is limited to 4000 judges, lawyers, and legal scholars from a wide range of practice areas, from all areas of the United States and from many foreign countries. New members must be proposed by an existing member, who writes a letter of recommendation, and seconded by two others. Proposals are evaluated by a Membership Committee that selects members based on several factors, including professional achievement, personal character, and demonstrated interest in improving the law.ALI members are obligated to actively support the work of the Institute, including attending Annual Meetings and other project conferences, joining Members Consultative Groups for Institute projects, and submitting comments on project drafts. Members are asked to write, speak, and vote on the basis of their own personal and professional convictions, without regard to client interests, so as to maintain ALI’s respected reputation for thoughtful and impartial analysis.
Governance
The Institute is governed by its Council, a volunteer board of directors that oversees the management of ALI’s business and projects. Having no fewer than 42 and no more than 65 members, the Council consists of lawyers, judges, and academics, and reflects a broad range of specialties and experiences. Council members are elected from the Institute membership for a term of five years, and can be renominated for an additional two terms. Under the current rules, a Council member can request emeritus status upon reaching 70 years of age; for having served on the council for at least ten consecutive years; or for having served for three terms in total. The ALI Council ordinarily meets in May, October, and January, as of 2011.ALI Officers
With the exception of its Director and Deputy Director, the Institute’s officers are volunteers. Elected by the Council, officers include President, Vice President, Treasurer, Secretary, Director and Deputy Director.ALI Presidents
- George W. WickershamGeorge W. WickershamGeorge Woodward Wickersham was an American lawyer and Presidential Cabinet Secretary.-Biography:Born in Pittsburgh, Pennsylvania, he graduated from the University of Pennsylvania...
(1923–1936) - George Wharton Pepper (1936–1947)
- Harrison TweedHarrison TweedHarrison Tweed, , was a New York City lawyer and civic leader.-Life and career:Tweed was born in New York City on October 18, 1885. He was the son of Charles Harrison Tweed, the general counsel for the Central Pacific Railroad, Chesapeake and Ohio and other affiliated railroad corporations, and...
(1947–1961) - Norris DarrellNorris DarrellNorris Darrell was an American attorney and President of the American Law Institute from 1961 to 1976. He graduated from the University of Minnesota Law School, and served as Executor of the Will of Judge Learned Hand. He clerked for United States Supreme Court Justice Pierce Butler and joined the...
(1961–1976) - R. Ammi Cutter (1976–1980)
- Roswell B. Perkins (1980–1993)
- Charles Alan WrightCharles Alan WrightCharles Alan Wright was an American constitutional lawyer widely considered to be the foremost authority in the United States on constitutional law and federal procedure, and was the coauthor of the 54-volume treatise, Federal Practice and Procedure with Arthur Miller and Kenneth W...
(1993–2000) - Michael Traynor (2000–2008)
- Roberta Cooper Ramo (2008–present)
ALI Directors
- William Draper LewisWilliam Draper LewisWilliam Draper Lewis was the first full-time dean of the University of Pennsylvania Law School and the founding director of the American Law Institute.-Personal life and education:...
(1923–1947) - Herbert Funk GoodrichHerbert Funk GoodrichHerbert Funk Goodrich was a judge on the United States Court of Appeals for the Third Circuit...
(1947–1962) - Herbert WechslerHerbert WechslerHerbert Wechsler was a legal scholar and former director of the American Law Institute . He is most widely known for his constitutional law scholarship and for the creation of the Model Penal Code...
(1963–1984) - Geoffrey C. Hazard, Jr.Geoffrey C. Hazard, Jr.Geoffrey Cornell Hazard, Jr. is Trustee Professor of Law at the University of Pennsylvania Law School and the Thomas E. Miller Distinguished Professor of Law at the University of California's Hastings College of the Law. He is also Sterling Professor Emeritus of Law at Yale Law...
(1984–1999) - Lance LiebmanLance LiebmanLance Liebman is the William S. Beinecke Professor of Law at Columbia Law School and the current Director of the American Law Institute. He received his B.A. from Yale University 1962, grauduating summa cum laude, and earned a M.A. in history from Cambridge University in 1964. He graduated magna...
(1999–present)
Restatements of the Law
The Institute's first endeavor upon formation was a comprehensive restatement of basic legal subjects that would inform judges and lawyers what the law was. This effort produced what ALI is best known for: the Restatement of the Law. Between 1923 and 1944, Restatements of the Law were developed for Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. In 1952, the Institute started Restatement Second — updates of the original Restatements with new analyses and concepts with and expanded authorities. A Restatement on Foreign Relations Law of the United States was also undertaken.The third series of Restatements was started in 1987 with a new Restatement of the Foreign Relations Law of the United States. The Restatement Third now includes volumes on Agency, the Law Governing Lawyers, Property (Mortgages, Servitudes, Wills and Other Donative Transfers), Restitution and Unjust Enrichment, Suretyship and Guaranty, Torts (Products Liability, Apportionment of Liability, and Physical and Emotional Harm), and Unfair Competition. New Restatement projects on Economic Torts, Employment Law, Trusts, and the U.S. Law of International Commercial Arbitration are currently underway as part of the Restatement Third series.
Restatements are essentially codifications of case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
, common law judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
-made doctrines that develop gradually over time because of the principle of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
. Although Restatements are not binding authority in and of themselves, they are highly persuasive because they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is (and in some areas, what it should become). All told, the Restatement of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law.
Principles of the Law
Beginning with the Principles of Corporate GovernanceCorporate governance
Corporate governance is a number of processes, customs, policies, laws, and institutions which have impact on the way a company is controlled...
(issued in 1994), the American Law Institute has more recently undertaken intensive studies of areas of law thought to need reform. This type of analysis typically results in a publication that recommends changes in the law. Principles of the Law issued so far include volumes on Aggregate Litigation (2010), Family Dissolution (2002), Intellectual Property (2008), Software Contracts (2010), Transnational Civil Procedure (2006; cosponsored by UNIDROIT
UNIDROIT
The International Institute for the Unification of Private Law, also known as UNIDROIT, is an independent intergovernmental Organisation based in Rome, Italy...
), and Transnational Insolvency: Cooperation Among the NAFTA Countries (2003). Work in the Principles of the Law series continues with projects covering Nonprofit Organizations, Government Ethics, and other topics.
Model Codifications
Another important area of the Institute's work is model statutory codification. ALI code projects have included model acts dealing with air flight, criminal procedure, evidence, federal securities law, land development, pre-arraignment procedure, and property. Some of these projects were undertaken jointly with the National Conference of Commissioners on Uniform State LawsNational Conference of Commissioners on Uniform State Laws
The National Conference of Commissioners on Uniform State Laws is a non-profit, unincorporated association commonly referred to as the U.S. Uniform Law Commission. It consists of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States...
(NCCUSL).
The chief joint ALI-NCCUSL project is the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
(UCC), which the Institute has been developing and revising with the National Conference since the 1940s. First published in 1952, the UCC is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales
Sales
A sale is the act of selling a product or service in return for money or other compensation. It is an act of completion of a commercial activity....
and other commercial transactions in all 50 states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
within the United States of America. The Uniform Commercial Code is generally viewed as one of the most important developments in American law, having been enacted (with local adaptations) in almost every jurisdiction.
The Model Penal Code
Model Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
(MPC) is another ALI statutory formulation that has been widely accepted throughout the United States. Adopted by the Institute membership in 1962 after twelve years of drafting and development, the Code's purpose was to stimulate and assist legislatures in making an effort to update and standardize the penal law of the United States. Primary responsibility for criminal law lies with the individual states, and such national efforts work to produce similar laws in different jurisdictions. The standard they used to make a determination of what the penal code should be was one of "contemporary reasoned judgment" — meaning what a reasoned person at the time of the development of the MPC would judge the penal law to do. The Chief Reporter for this undertaking was Herbert Wechsler
Herbert Wechsler
Herbert Wechsler was a legal scholar and former director of the American Law Institute . He is most widely known for his constitutional law scholarship and for the creation of the Model Penal Code...
, who later became a Director of the Institute.
A current ALI project is working to revise the Model Penal Code's sentencing provisions in light of the many changes in sentencing philosophy and practice that have taken place since the Code was developed in the 1950s and 1960s.
Other ALI Work
The American Law Institute has also worked over the years on studies and other proposals dealing with complex litigation, criminal law, enterprise responsibility, federal estate and gift taxation, federal income taxation, federal judicial code revision, and the division of jurisdiction between federal and state courts.One particularly interesting ALI project was the Statement of Essential Human Rights. In response to reports of human rights atrocities during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the Institute in 1942 appointed a committee of lawyers and political scientists, supposedly representing the principle cultures of the world, to compile a list of agreed-upon individual rights: an international bill of rights. The committee reported to the ALI Council in February 1944. Although the project was never presented for a vote by the ALI membership, the Statement of Essential Human Rights was published in 1945 by the Americans United for World Organizations, Inc., independently of the Institute. Along with other sources, the Statement was then used to prepare the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
’ Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, which the General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
adopted on December 10, 1948.
How the Institute Works
The basic approach and format of all American Law Institute publications is similar. ALI undertakes a project only upon the careful consideration and approval of its Officers and Council. A methodical process then follows:- An expert in the field of law, usually a legal scholar, is designated as Reporter. With the help of assistants, the Reporter does the basic research and prepares material.
- An initial draft is submitted for suggestions and revisions to a small group of Advisers—judges, lawyers, and law teachers—with special knowledge of the subject. In most projects, the draft is also reviewed by a group of ALI members with a particular interest in the topic.
- The revised draft is next submitted for additional analysis and consideration to the ALI Council, a body of some 70 prominent judges, practicing lawyers, and law teachers. The draft can then be referred either to the Reporter and Advisers for further review or to the general ALI membership.
- When approved by the Council, the draft is presented as a Tentative Draft to an Annual Meeting of the entire membership for debate and discussion. The membership may approve the draft, subject to revisions, or refer it back to the Reporter and Advisers. A series of Tentative Drafts is produced in this way over a number of years.
- A Proposed Final Draft consisting of all prior Tentative Drafts as modified by membership action may then be submitted to the Council and the membership. When the project has been approved by both, an official text is published.
The final product thus reflects the review and criticism of experienced members of the bench, bar, and academia. The process many take many years, and it is not unusual for a single Restatement of the law project to take over twenty years to complete.
ALI-ABA Continuing Professional Education
In 1946, the American Bar AssociationAmerican Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
asked the American Law Institute to collaborate in organizing a national program of continuing legal education
Continuing Legal Education
Continuing legal education is professional education of lawyers that takes place after their initial admission to the bar. In many states in the United States, CLE participation is required of attorneys to maintain their license to practice law...
(CLE) for practicing attorneys. The need to establish a permanent entity devoted to the continuing training of lawyers became apparent after the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, as young lawyers returning from years of military service overseas found that they needed refresher courses in the law. Furthermore, the huge complex of government regulations that had begun with the New Deal
New Deal
The New Deal was a series of economic programs implemented in the United States between 1933 and 1936. They were passed by the U.S. Congress during the first term of President Franklin D. Roosevelt. The programs were Roosevelt's responses to the Great Depression, and focused on what historians call...
and had greatly expanded during the war years provided another impetus for the post-admission education of all lawyers, whether or not they were veterans.
The governing bodies of ALI and ABA approved a Memorandum of Understanding in 1947 that created a "Committee on Continuing Education of the Bar of the American Law Institute Collaborating with the American Bar Association," comprising representatives from both organizations. Initial work focused on producing a series of CLE publications for a national audience and on encouraging and assisting state and local bar groups to establish and conduct their own programs of continuing legal education.
Since then, ALI-ABA has expanded its activities from book and electronic publishing to national courses of study, teleseminar and webcasting presentations, and various other innovative CLE delivery methods. ALI-ABA also publishes several periodicals, including The Practical Lawyer (est. 1955), The Practical Litigator, The Practical Real Estate Lawyer, The Practical Tax Lawyer, the ALI-ABA Business Planning Course Materials Journal, and the ALI-ABA Estate Planning Course Materials Journal.