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    11.25.14 Two Brooklyn Law School Professors Named to New American Law Institute Projects
    Brian Lee

    In January 2013, Brooklyn Law School co-sponsored a symposium titled “Restatement Of...” with the American Law Institute (ALI), which produced an outstanding Brooklyn Law Review volume. One of the symposium panels broached new restatement projects that the ALI could potentially undertake, a Copyright Restatement among them. At another panel, the venerable Restatement of Property drew trenchant criticism.

    Fast forward almost two years, and those “Restatement Of...” discussions are about to bear fruit, noted Professor Anita Bernstein, who organized the day-long program.

    The ALI recently announced it will begin four new projects in 2015: Restatement of the Law, Copyright; Restatement of the Law Third, Conflict of Laws; Restatement of the Law Fourth, Property; and Principles of the Law, Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations. Of these new projects, Brooklyn Law School Professors James Fanto and Brian Lee will serve as Associate Reporters.

    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. The draft of the project is prepared by one or more Reporters and Associate Reporters, usually distinguished academics, with input from a diverse group of Advisers and ALI members and Council. In participating in the ALI’s projects, these contributors influence the development of the law in both existing and emerging areas.

    James Fanto

    Professor Fanto will serve as an Associate Reporter for the project Principles of the Law, Compliance, Enforcement, and Risk Management for Corporations, Nonprofits, and Other Organizations. The target audience for this project includes outside counsel specializing in the areas of compliance and risk management; in-house attorneys, compliance officers, and other personnel who carry out internal control responsibilities; government regulators and prosecutors; and commentators, scholars, and people involved in law reform initiatives. The project will be divided into four parts: compliance, enforcement, risk management, and governance. Professor Fanto, who is the Gerald Baylin Professor of Law, focuses his recent scholarship on the law relating to broker-dealers, compliance in financial firms and federal securities law issues. He is the author of the hornbook Directors’ and Officers’ Liability and the co-author of the treatise Broker-Dealer Law and Regulation, which partly focuses on broker-dealer compliance. He is the co-director of the Center for the Study of Business Law and Regulation.

    Professor Lee will serve as Associate Reporter for the project Restatement of the Law Fourth, Property. The new Property Restatement will address classification of entitlements, possession, accession, and acquisition; ownership powers; protection of and limits to ownership rights; divided and shared ownership; title and transfer; easements, servitudes, and land use; and public rights and takings. Its Reporter, Professor Henry Smith, was among the speakers and authors of the Restatement Of... symposium. Professor Lee, who holds a Ph.D. in philosophy, focuses his research on property and intellectual property, particularly the intersection between moral reasoning and economic analysis in the law. His most recent scholarship appeared in the Columbia Law Review and in an Oxford University Press collection of papers by property theorists on the philosophical foundations of property law.

    “I try not to miss an opportunity to say that Brooklyn Law School has a world-class faculty,” said Dean Nick Allard. “The ALI’s prestigious recognition of Professors Fanto and Lee, both extraordinary scholars and marvelous teachers, provides the latest evidence of the truth of that statement. Four of our current full-time faculty members served or serve as reporters for ALI Restatements, including Professor Aaron Twerski and Professor Neil Cohen. In this regard, Brooklyn Law School’s faculty is in very rarified atmosphere. We congratulate our colleagues Jim Fanto and Brian Lee on their professional achievement, and we thank them in advance for the important work they will do on the Restatements.”

    Read ALI’s full press release here.