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45 A.L.I. Rep. 1 (2022-2023)

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           THE ALI




Reporter


    THE QUARTERLY NEWSLETTER   OF THE AMERICAN LAW  INSTITUTE




Project Spotlight:


ALI Launches Two


New Projects

The American Law Institute's Council voted at the October Council meeting
to approve the launch of Restatement of the Law, Constitutional Torts and
Principles of the Law, High-Volume Civil Adjudication.

The Restatement of Constitutional Torts project will be led by Reporters
John C. Jeffries Jr. of University of Virginia School of Law and Pamela S.
Karlan of Stanford Law School. Principles of High-Volume Civil Adjudication
will be led by Reporter David Freeman Engstrom of Stanford Law School.


RESTATEMENT OF THE LAW, CONSTITUTIONAL TORTS

This project will examine the law of 42 U.S.C. § 1983, which provides an
individual the right to sue state government employees and others acting
under color of state law in federal court for violations of federal law. Actions
under § 1983 are the dominant vehicle for securing money damages for federal
rights, especially constitutional rights. The project also will cover Bivens'
actions, the analogous cause of action for violations by a federal officer. Among
other topics, the Restatement will cover governmental immunities from
suit, local government liability for official policy or custom, and restrictions
on § 1983 actions imposed by the Prison Litigation Reform Act and the
overlapping law of federal habeas corpus.

We thought very carefully about the title of this Restatement and what it
would cover, explained ALI Director Richard L. Revesz. We considered
'The Law of 42 U.S.C. § 1983,' but felt that would limit the project to only
examine actors under the law of any 'State or Territory;' it would not apply
to federal officers. Titling the project 'Constitutional Torts' broadens the

1 Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics,
  403 U.S. 388 (1971).