The American Law Institute Elects Council Members

The American Law Institute Elects Council Members

PHILADELPHIA – At this week’s 95th Annual Meeting, The American Law Institute’s membership elected two new members to its Council, which determines projects and activities to be undertaken by the ALI and approves the work as representing the position of the Institute.

The new Council members are Donald B. Ayer of Jones Day and Abbe R. Gluck of Yale Law School.

“I am delighted to welcome Mr. Ayer and Professor Gluck to ALI’s Council,” said ALI President David F. Levi. “Both Donald and Abbe have achieved so much in the private and public sectors, as well as academia. Their diverse experience and broad knowledge of the law will be great assets to our Council as they tackle the complex issues in our Restatements, Principles, and Model Code projects.”

Biographies of ALI’s new Council members can be found below.

Donald B. Ayer is Of Counsel at Jones Day in Washington, DC. He has specialized in appellate litigation for three decades, arguing 19 cases before the U.S. Supreme Court and many more before other federal and state appellate courts. His experience covers subject areas ranging from criminal appeals to business torts to a wide range of constitutional and technical statutory and regulatory issues. He also has been lead counsel in 20 federal court jury trials.

After graduating from Stanford University and Harvard Law School, Mr. Ayer clerked for Judge Malcolm R. Wilkey of the D.C. Circuit and for Justice William H. Rehnquist of the U.S. Supreme Court. Before entering private practice in 1990, he served for 10 years in the United States Department of Justice as an Assistant United States Attorney in San Francisco, as United States Attorney in Sacramento, as Principal Deputy Solicitor General under Solicitor General Charles Fried, and as Deputy Attorney General.

Mr. Ayer has served as president of the American Academy of Appellate Lawyers and of the Edward Coke Appellate Inn of Court. He currently teaches a course in Supreme Court advocacy at Georgetown University Law Center and Duke University Law School.

Mr. Ayer is a Fellow of the American Bar Foundation and chairman of the Publications Committee of the Supreme Court Historical Society. He is listed in Best Lawyers in America (appellate practice), Who’s Who in America, Who’s Who in the World, Chambers USA (National Appellate), and D.C. Magazine’s “Top 100 Lawyers in Washington, D.C.”

Elected to ALI in 1991, he was a Co-Chair of the 1991 Life Member Class and serves in the Members Consultative Group for Principles of the Law, Policing.

Abbe R. Gluck is a Professor of Law and the Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School. She joined Yale Law School in 2012, having previously served on the faculty of Columbia Law School. She is an expert on Congress and the political process, federalism, civil procedure, and health law, and is the chair emerita of Section on Legislation and the Law of the Political Process for the Association of American Law Schools. In 2015, she received Yale Law School’s teaching award.

Professor Gluck has extensive experience working as a lawyer in all levels of government. Prior to joining Columbia, she served in the administration of New Jersey Governor Jon Corzine as the special counsel and senior advisor to the New Jersey Attorney General; and in the administration of New York City Mayor Michael Bloomberg, as chief of staff and counsel to the Deputy Mayor for Health and Human Services, senior counsel in the New York City Office of Legal Counsel, and deputy special counsel to the New York City Charter Revision Commission. Prior to law school, she worked in the U.S. Senate for Senator Paul S. Sarbanes of Maryland. Before returning to government work after law school, Professor Gluck was associated with the Paul Weiss firm in New York.

Professor Gluck earned her B.A. from Yale University and her J.D. from Yale Law School. Following law school, she clerked for then-Chief Judge Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit, and for U.S. Supreme Court Justice Ruth Bader Ginsburg.

Among her most recent work is the most extensive empirical study ever conducted about the realities of the congressional law-making process (published in the Stanford Law Review): a five year study on federalism and the ACA (Stanford Law Review); the Harvard Law Review’s Supreme Court issue comment on King v. Burwell, the 2015 challenge to the Affordable Care Act; and a study of statutory interpretation in the federal Courts of Appeals, with Judge Posner (Harvard Law Review). She also served as co-counsel on a Supreme Court brief in both King and the 2012 ACA challenge, NFIB v. Sebelius.

Professor Gluck currently serves on numerous boards and commissions, including as an appointed member of both the Uniform Law Commission and the New York State Taskforce on Life and the Law. She was elected to ALI in 2015.

Additionally, at the Annual Meeting John J. McKetta III of Graves Dougherty Hearon & Moody and Mary Kay Kane of UC Hastings College of the Law took emeritus status. Emeritus Council members often continue to participate in Council meetings.

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About The American Law Institute

The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and improve the law. The ALI drafts, discusses, revises, and publishes Restatements of the Law, Model Codes, and Principles of Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.

By participating in the Institute’s work, its distinguished members have the opportunity to influence the development of the law in both existing and emerging areas, to work with other eminent lawyers, judges, and academics, to give back to a profession to which they are deeply dedicated, and to contribute to the public good.

For more information about The American Law Institute, visit


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