ALI appoints two rapporteur chairs
The American Institute named Nora Freeman Engstrom of Stanford Law School, Reporter for the Restatement of the Law Third, Torts: Concluding Provisions, as R. Ammi Cutter Reporter’s Chair, and Henry E. Smith of Harvard Law School, Reporter for the Restatement of the Law Fourth, Property, as Chairman of Reporter A. James Casner. The presidents are appointed on the recommendation of the director to the president of the ALI.
“We are grateful to Professors Engstrom and Smith for their dedication to the work of the Institute as rapporteurs,” ALI President David F. Levi said when announcing the appointment at the meeting. of the ALI council on March 2. “These designations are a mark of distinction and indicate our appreciation for their exceptional service.
Nora Freeman Engstrom, President of Journalist R. Ammi Cutter
Established in 1991 in honor of R. Ammi Cutter, Associate Justice of the Supreme Judicial Court of Massachusetts from 1956 to 1972 and ALI President from 1976 to 1980, the Cutter Chair is held by an active journalist of proven for the remaining duration of the project on which the rapporteur is engaged.
Engstrom serves as rapporteur for the reformulation of the third law, Torts: Final Provisions. She is a nationally recognized expert in tort law and legal ethics. Much of his work explores the day-to-day workings of the tort system and in particular the interaction of the tort system with other compensation mechanisms, such as no-fault auto insurance, the vaccine injuries and workers’ compensation. Engstrom has also written extensively on trial practice, complex litigation (including MDLs), attorney advertising, alternative litigation funding, contingency fees, tort reform, and law firms that she calls “settlement factories” — high-volume personal injury legal practices that heavily publicize and mass-produce claims resolution.
Prior to joining the Stanford faculty in 2009, Engstrom was a Dean’s Research Fellow at Georgetown University Law Center and an associate at Wilmer Cutler Pickering Hale and Dorr LLP. She also clerked for Merrick B. Garland of the United States Court of Appeals for the District of Columbia Circuit and Henry H. Kennedy Jr. of the United States District Court for the District of Columbia. . Prior to that, she worked at the US Department of Justice, focusing on terrorism and national security issues. She graduated from Dartmouth College in 1997, summa cum laude, and Stanford Law School in 2002, with honors and a Member of the Order of the Coif.
Cutter was a member of ALI for over 55 years. In addition to serving as President of the Institute, he has served as an advisor for the Model Land Use Code, Model Code of Pre-Charge Procedure, Restatement Second of Property (Landlord and Tenant), Restatement Second of Property (Donative Transfers), the Restatement Second of United States Foreign Relations Law and the Restatement Second of Conflict of Laws.
Henry E. Smith, A. James Casner President of the Reporter
The Casner Chair was created to honor the memory of Professor A. James Casner of Harvard Law School, who, as a rapporteur and advisor for various ALI projects for more than half a century, contributed profound contributions to the development of property law, trust and estate taxation, and estate planning. Casner served the Institute as rapporteur for many years, beginning in 1936 when he was appointed special rapporteur and member of the advisory committee for parts of the original Restatement of the Law, Property.
Since 2014, Smith has been rapporteur for the reformulation of the fourth law, property. He is the Fessenden Professor of Law at Harvard Law School, where he directs the Foundations of Private Law Project. Previously, he taught at Northwestern University School of Law and was the Fred A. Johnston Professor of Property and Environmental Law at Yale Law School. He has an AB from Harvard, a Ph.D. in linguistics from Stanford and a JD from Yale. After law school, he clerked for Ralph K. Winter of the United States Court of Appeals for the Second Circuit. Smith has written primarily on the law and economics of property and intellectual property, with an emphasis on how property-related institutions reduce information costs and constrain strategic behavior. He teaches primarily in the areas of property, intellectual property, natural resources, remedies, law and economics.
His books include The Oxford Introductions to US Law: Property (2010, co-authored with Thomas W. Merrill), Property: Principles and Policies (3rd ed., 2017, co-authored with Thomas W. Merrill), and Principles of Patent Law (7th ed., 2018, co-authored with John M. Golden, F. Scott Kieff and Pauline Newman). He is co-editor of The Research Handbook on the Economics of Property Law (2011, with Kenneth Ayotte), Philosophical Foundations of Property Law (2013, with James Penner) and Perspectives on Property Law (4th ed., 2014, with Robert C. Ellickson and Carol M. Rose).