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The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. The Institute (made up of 4000 lawyers, judges, and law professors of the highest qualifications) drafts, discusses, revises, and publishes Restatements of the Law, model statutes, and principles of law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education. ALI has long been influential internationally and, in recent years, more of its work has become international in scope.
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[1].
Said the institute has begun the process of formation;The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and teachers known as “The Committee on the Establishment of a Permanent Organization for the Improvement of the Law[2].” The Committee had reported that the two chief defects in American law, its uncertainty and its complexity, had produced a “general dissatisfaction with the administration of justice[3].” Since 1947 the Institute has collaborated with the American Bar Association in a multifaceted national program of continuing legal education aimed at enhancing the competence of the practicing bar.
The American Law Institute-American Bar Association Committee on Continuing Professional Education (ALIABA) produces books, periodicals, and audiovisual materials covering most areas of practice and offers courses of study and programs of instruction throughout the country, some telecast nationally via satellite on ALI-ABA’s American Law Network. ALI-ABA also sponsors the American Institute for Law Training within the Office (AILTO). 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 the Restatement Second - works that covered subjects not included in the first Restatement, as well as new editions of the original Restatements that updated them and reflected new analyses and concepts.
A third series of Restatements was inaugurated in 1987; work on that series continues today. In addition to the initial subjects, the Restatements now include Foreign Relations Law of the United States, The Law Governing Lawyers, Suretyship and Guaranty, and Unfair Competition[4].
The operation of the institute are as follows; a project is undertaken by the Institute only upon the careful consideration and prior approval of its officers and the Council, ALI's governing body. When a project has been authorized, an expert in the field of law to be considered, usually a legal scholar, is designated as Reporter. With the help of assistants, the
Reporter does the basic research and prepares the initial draft of the material[5].This 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 Members Consultative Group consisting of members of the Institute with particular interest in the subject.
The goals and purposes of The American Law Institute were set forth in the Institute’s 1923 Certificate of Incorporation and have remained consistent throughout its history: The particular business and objects of the society are educational, and are 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[6].
Atorney
Yasemin GULLUOGLU
(L.L.M-still PHD)
[1]http://www.ali.org/index.cfm?fuseaction=about.overview (Last updated on 01.15.2011)
[2]http://www.wordiq.com/definition/American_Law_Institute (Last updated on 01.15.2011)
[3]http://www.ali.org/doc/thisIsALI.pdf; http://en.wikipedia.org/wiki/American_Law_Institute; (Last updated on 01.15.2011)
[4]http://www.ali.org/index.cfm?fuseaction=about.instituteprojects (Last updated on 01.15.2011)
[5]http://en.wikipedia.org/wiki/American_Law_Institute (Last updated on 01.15.2011)
[6] Capturing the Voice of The American Law Institute: A Handbook for ALI Reporters and Those Who Review Their Work 2005
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The American Law Institute
