Please Note: This is a tentative agenda. Although the date of a project session will not change, times may change during the meeting. Sessions may begin or end earlier or later than shown on the agenda.
Judge Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit will join Judge Allison H. Eid of the U.S. Court of Appeals for the Tenth Circuit, Judge Joan L. Larsen of the U.S. Court of Appeals for the Sixth Circuit, and Justice Goodwin Liu of the Supreme Court of California to discuss topics from his book, 51 Imperfect Solutions: States and the Making of American Constitutional Law. ALI President David F. Levi will moderate the discussion.
In his book, Judge Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book explores this theme by telling four stories about four constitutional debates that confirm the complex interaction between the states and federal government in protecting individual rights.
This program is free to attend, but registration is required.
Artificial Intelligence (AI) is quickly becoming embedded in American life, and its presence and impact are growing at an increasing rate as technology develops. Along with AI’s myriad opportunities come legal challenges associated with harnessing the power of these technological tools. Thoughtful development of new and existing legal frameworks is needed to ensure that AI fulfills its potential for improving human life.
This panel will address some of these exciting and difficult legal issues. The discussion will be moderated by Mariano-Florentino Cuéllar, Associate Justice of the Supreme Court of California, who has written and taught about the legal challenges posed by Artificial Intelligence. Joining Justice Cuéllar as panelists will be Kristin Johnson, the McGlinchey Stafford Professor of Law at Tulane University Law School, a leading scholar of financial risk management and corporate law who has studied the role of emerging technology in financial markets; Cary Coglianese, the Edward B. Shils Professor of Law and Professor of Political Science at the University of Pennsylvania Law School, where he directs the Penn Program on Regulation; and Tom Lue, General Counsel at DeepMind, the artificial intelligence research firm that is part of the Alphabet group of companies.
This program is free to attend, but registration is required.
Government lawyers are bound by the same rules of professional conduct as other lawyers. However, their unique role raises issues not normally encountered in the private sector. For example, traditional model rules of conduct state that a lawyer must zealously represent the client, but the obligations of a government lawyer lead to the question, “Who is the client?”
This panel will discuss some common ethical issues confronted in the public sector, including:
Total 60-minute hours of instruction: 2.0 ethics; total 50-minute hours, 2.4 ethics.
Tuition for this program is $150 for ALI members and ALI project Advisers, $195 for all others. To register, use the ALI Annual Meeting registration form (online or in print). Registrations will be accepted at the door if space permits.
Planning Chair: Troy A. McKenzie, New York University School of Law
Panelists:
John B. Bellinger, III, Arnold & Porter
Meredith Fuchs, Capital One
Derek P. Langhauser, Office of the Governor, Maine
Thomas D. Morgan, The George Washington University Law School
Richard W. Painter, University of Minnesota Law School
This event (hosted by newer members Richard F. Boulware, Stacey Putnam Geis, Thomas C. Goldstein, Christina C. Reiss, and Laura D. Stith) is by invitation-only for new members and their guests.
Tickets are $100 per person.
6:30 p.m.
Council Reception and Dinner (Closed event – Council only)
Salon III
The Ritz-Carlton Hotel
8:30 a.m.
Council Meeting (Closed event – Council only)
Plaza Ballroom
The Ritz-Carlton Hotel
10:00 a.m.
Opening Session
Call to order and report by President David F. Levi
Reports and Business
Report of Director Richard L. Revesz
Report of Treasurer Wallace B. Jefferson
Report of the Membership Committee by Chair Teresa Wilton Harmon
Report of the Nominating Committee (including election of Council members) by Chair Anthony J. Scirica
10:30 a.m.
Principles of the Law, Policing
Tentative Draft for Approval
12:30 p.m.
The Meeting breaks for lunch, which is "on your own" for most Meeting attendees. A restaurant guide is available in the registration area. New ALI members are invited to attend the New Member Orientation Luncheon.
This luncheon is by invitation only for ALI's newest members.
2:00 p.m.
Restatement of the Law, Charitable Nonprofit Organizations
Tentative Draft for Approval
Anthony M. Kennedy (Retired), Associate Justice, was born in Sacramento, California, July 23, 1936. He married Mary Davis and has three children. He received his B.A. from Stanford University and the London School of Economics, and his LL.B. from Harvard Law School. He was in private practice in San Francisco, California from 1961–1963, as well as in Sacramento, California from 1963–1975. From 1965 to 1988, he was a Professor of Constitutional Law at the McGeorge School of Law, University of the Pacific. He has served in numerous positions during his career, including a member of the California Army National Guard in 1961, the board of the Federal Judicial Center from 1987–1988, and two committees of the Judicial Conference of the United States: the Advisory Panel on Financial Disclosure Reports and Judicial Activities, subsequently renamed the Advisory Committee on Codes of Conduct, from 1979–1987, and the Committee on Pacific Territories from 1979–1990, which he chaired from 1982–1990. He was appointed to the United States Court of Appeals for the Ninth Circuit in 1975. President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat February 18, 1988. Justice Kennedy retired from the Supreme Court on July 31, 2018.
John G. Roberts, Jr., Chief Justice of the United States, was born in Buffalo, New York, January 27, 1955. He married Jane Sullivan in 1996 and they have two children - Josephine and Jack. He received an A.B. from Harvard College in 1976 and a J.D. from Harvard Law School in 1979. He served as a law clerk for Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit from 1979–1980, and as a law clerk for then-Associate Justice William H. Rehnquist of the Supreme Court of the United States during the 1980 Term. He served as a Special Assistant to the Attorney General of the United States from 1981–1982, Associate Counsel to President Ronald Reagan, White House Counsel’s Office from 1982–1986, and as Principal Deputy Solicitor General from 1989–1993. From 1986–1989 and 1993–2003, he practiced law in Washington, D.C. He served as a Judge on the Court of Appeals for the District of Columbia Circuit from 2003-2005. Nominated as Chief Justice of the United States by President George W. Bush, he assumed that office on September 29, 2005.
3:15 p.m.
Restatement of the Law, Charitable Nonprofit Organizations (continued)
Tentative Draft for Approval
4:15 p.m.
Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration
Proposed Final Draft for Approval
5:30 p.m.
Adjournment
This year's reception will take place at the Smithsonian National Museum of African American History & Culture. We encourage all attendees to arrive early in order to tour the museum's exhibitions.
The National Museum of African American History and Culture is the only national museum devoted exclusively to the documentation of African American life, history, and culture. It was established by Act of Congress in 2003, following decades of efforts to promote and highlight the contributions of African Americans.
Buses will depart The Ritz-Carlton at 6:00 p.m. and drop off attendees at the 14th & Madison Street entrance. Distance to the reception at the African American Museum is 2.2 miles (approximately 20-30 minute drive; 30 minute walk).
Tickets are $75 per person.
Participants on the Charitable Nonprofit Organizations, Consumer Contracts, Data Privacy, and International Commercial and Investor-State Arbitration projects are invited to breakfast to celebrate the projects' potential final appearance on an Annual Meeting agenda. With member approval, each of the projects may be completed this year.
Justice Mariano-Florentino Cuéllar began serving on the Supreme Court of California in January 2015. He was nominated by Governor Jerry Brown, confirmed unanimously by the Commission on Judicial Appointments, and retained by the voters for a full term in November 2014. His previous career was in public service, university administration, and legal academia, with a focus on administrative, criminal, and international law.
A full-time member of the Stanford University faculty from 2001 to 2015, Justice Cuéllar was the Stanley Morrison Professor of Law and Professor (by courtesy) of Political Science. His books, articles, and chapters focus on administrative agencies, criminal justice, executive power, and legislation, among other subjects, and he is co-author of one of the nation’s leading administrative law casebooks. From 2004 to 2015, he held leadership positions at Stanford’s Freeman Spogli Institute for International Studies. As Institute Director, he supervised 12 research centers and programs, including the Stanford Center at Peking University. He led university-wide initiatives on global poverty alleviation and cybersecurity, and earlier, co-directed the Institute’s Center for International Security and Cooperation.
Justice Cuéllar also served in the federal executive branch. In 2009 and 2010, while on leave from Stanford, he worked at the White House as Special Assistant to the President for Justice and Regulatory Policy. He negotiated provisions in food safety, tobacco, and crack-powder cocaine sentencing reform legislation; convened the White House’s food safety working group and coordinated its response to the BP oil spill; set up the President’s Equal Pay Task Force; worked on the bipartisan repeal of the military’s Don’t Ask/Don’t Tell policy; and led efforts to support community-based crime prevention and immigrant integration. He was a presidential appointee, between 2010 and 2015, to the governing council of the U.S. Administrative Conference, an agency designed to improve fairness and efficiency in federal administrative procedures. He co-chaired the U.S. Department of Education’s National Equity and Excellence Commission from 2011 to 2013. Before that, in 2008 and early 2009, he co-chaired the presidential transition team on immigration, borders, and refugees.
Justice Cuéllar is on the boards of the William and Flora Hewlett Foundation, The American Law Institute, and the American Bar Foundation, and is a life member of the Council on Foreign Relations. Within the California Judiciary, he leads the Language Access Implementation Task Force. He was the Barbara Herrell Bond Distinguished Lecturer at Oxford University in 2012, and earlier was a member of the Silicon Valley Blue Ribbon Task Force on Aviation Security and Technology.
Justice Cuéllar serves as an Adviser for the ALI projects on Principles of Law: Policing, and Sexual and Gender-Based Misconduct on Campus: Procedural Frameworks and Analysis; and on the Members Consultative Groups for the Restatement Fourth, The Foreign Relations Law of the United States, Principles of Government Ethics, and Model Penal Code: Sentencing.
A naturalized U.S. citizen born in northern Mexico, he graduated from Calexico High School in California’s Imperial Valley. He received a B.A. from Harvard, magna cum laude, a J.D. from Yale Law School, and a Ph.D. in Political Science from Stanford. After law school, he began his career at the U.S. Treasury Department’s Office of Enforcement working on disrupting financial and cross-border crime, and clerked for Chief Judge Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit. He is married to Judge Lucy H. Koh of the U.S. District Court for the Northern District of California. They have two children.
Presented to:
Michelle Wilde Anderson and David Pozen
9:15 a.m.
Restatement of the Law, Consumer Contracts
Tentative Draft for Approval
(There will be a five-minute break approximately midway through this session.)
All members and guests are welcome to attend this event.
Speaker: Lee H. Rosenthal, Chief Judge, U.S. District Court for the Southern District of Texas, ALI Council member, and Life Member from the Class of 1994
Speech title: Aspiration, Ambition, and my 25 years with the ALI
The 1994 and 1969 Class Gifts will be presented to the Institute by class representatives.
Tickets are $65 per person.
2:30 p.m.
Restatement of the Law Third, Torts: Intentional Torts to Persons
Tentative Draft for Approval
3:45 p.m.
Restatement of the Law, Children and the Law
Tentative Draft for Approval
5:00 p.m.
Adjournment
Speaker: William P. Barr, 85th Attorney General of the United States
All members and guests are welcome to attend this event. A cocktail reception will begin at 7:00 p.m., followed by dinner at 7:45 p.m. This event is business attire or semi-formal (black tie optional) with reserved seating.
Tickets are $125 per person.
9:00 a.m.
Principles of the Law, Data Privacy
Tentative Draft for Approval
Carol F. Lee is Special Counsel at Taconic Capital Advisors, an SEC-registered investment advisor based in New York City that manages private investment funds with total assets under management of approximately $6.7 billion.
Ms. Lee was elected to the ALI in February 2008 and was elected to the Council in May 2012. She is a member of the Projects Committee and previously served on the Investment Committee. In addition, she devotes considerable time to reading Council drafts closely and providing comments to the Reporters. She is an Adviser for the Restatement of the Law Third, Torts: Intentional Torts to Persons and a member of the Members Consultative Group for the Restatement of the Law, Consumer Contracts.
From 1983 to 1993, she was an associate and then a partner at Wilmer, Cutler and Pickering in Washington, D.C. Her practice included international corporate transactions and joint ventures, Supreme Court and appellate litigation, international aviation regulation, and campaign finance law. She taught a course on the European Community and federalism in the U.S. as a lecturer at Harvard Law School and Yale Law School from 1989 through 1992.
From 1993 to 1995, she was General Counsel of the Export-Import Bank of the United States. From 1995 to 2002, she was Vice President and General Counsel of the International Finance Corporation, the private sector investment arm of the World Bank Group. From 2007 through 2012, she was General Counsel of Taconic Capital Advisors.
She clerked for Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit, and for Justice John Paul Stevens of the United States Supreme Court. She has published several scholarly articles on legal and historical topics. Her husband, Professor David J. Seipp of Boston University School of Law, is a Life Member of the ALI.
Raymond Lohier is a judge on the United States Court of Appeals for the Second Circuit. He was nominated by President Barack Obama in March 2010 and unanimously confirmed by the United States Senate in December 2010.
For the decade prior to his appointment, Judge Lohier was an Assistant United States Attorney in the Southern District of New York, where he served as Senior Counsel to the United States Attorney, Deputy Chief and Chief of the Securities and Commodities Fraud Task Force, and Deputy Chief and Chief of the Narcotics Unit. As the Deputy Chief and Chief of the Securities and Commodities Fraud Task Force, Judge Lohier was responsible for overseeing the Bernard Madoff prosecutions, the investigation and prosecution of Marc Dreier, the Galleon and other hedge fund-related insider trading cases, as well as several other high-profile fraud cases. Prior to his service as an Assistant United States Attorney, from 1997 to 2000, Judge Lohier served as a Senior Trial Attorney with the Civil Rights Division of the United States Department of Justice, where he spearheaded employment discrimination-related litigation and worked on other civil rights matters of importance to the federal government.
Judge Lohier has been a member of ALI since 2013, serving on the Council since 2014. He was an Adviser for Restatement of the Law, Employment Law, and serves as an Adviser for Principles of the Law, Compliance, Risk Management, and Enforcement and as chairperson of the ALI’s Awards committee.
11:30 a.m.
Principles of the Law, Compliance, Risk Management, and Enforcement
Tentative Draft for Approval
All members and guests are welcome to attend this event.
Our Wednesday lunch speaker is Alberto Ibargüen, President and CEO of the John S. and James L. Knight Foundation. He is the former publisher of The Miami Herald and El Nuevo Herald. During his tenure, The Miami Herald won three Pulitzer Prizes and El Nuevo Herald won Spain’s Ortega y Gasset Prize for excellence in Spanish language journalism. His speech title is Trust, Media, and Democracy.
Tickets are $65 per person.
AFTERNOON SCHEDULE CHANGE
1:45 p.m.
Restatement of the Law, The Law of American Indians
Tentative Draft for Approval
4:30 p.m.
Adjournment
4:45 p.m. to 5:45 p.m.
Executive Committee Meeting (Closed event – Committee only)
Boardroom
The Ritz-Carlton Hotel