About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



48 A.L.I. Rep. 1 (2025-2026)

handle is hein.ali/alireporter0048 and id is 1 raw text is: 



























ALI Director Diane P. Wood; Yvonne Gonzalez Rogers of the U.S. District Court,
Northern District of California; Reporters John Calvin Jeffries of University
of Virginia School of Law and Pamela S. Karlan of Stanford Law School; and
Associate Reporters Alan K. Chen of University of Denver, Sturm College of Law
and Fred O. Smith of Stanford Law School (Constitutional Torts)





October 2025 Council


Meeting Update

At its meeting on October 16 and 17, 2025, the Council discussed and
approved, in part or in whole, drafts of five projects as listed below.
Complete Council Drafts are available to members in the Projects section
of the ALi website; all approvals are subject to the discussion at the
meeting and the usual editorial prerogative.


CONSTITUTIONAL TORTS

The Council discussed Council Draft No. 1, which contains § 1.01,
Scope of the Project; § 1.02, Statutory Basis for Constitutional Tort
Claims against Persons under State or Local Authority; § 1.03, Source
of the Rights That Can Be Vindicated in a § 1983 Constitutional Tort
Suit; § 1.04, Methodology; § 1.14, Personal and Official Capacity for
Individual Actors; § 1.21, Damages Actions against Federal Officers for
Constitutional Violations; § 1.22, Actions against the United States and
Federal Agencies for Constitutional Violations; § 1.23, Bivens Actions
and the Federal Tort Claims Act; § 2.04, Younger Abstention; § 2.05,.
Pullman Abstention and Certification; § 4.12, Interlocutory Appeal;
§ 4.13, Limitations and Procedures on Interlocutory Appeal; and § 7.01',
Applicable Statute of Limitations.

The draft's first four sections (Sections 1.01-1.04) contain the introductory
material to Chapter 1, The Cause of Action. Section 1.01 sets out the
Restatement's scope, stating that it is limited to the law governing
federally-created actions for monetary damages for the deprivation of


The Quarterly Newsletter of The American Law Institute
Volume 48 Number 1  Winter 2025





    Reflecting on 2025

    and Preparing for the

    Path Ahead

    By ALI President David F Levi and
    ALI Director Diane P. Wood

    As we conclude 2025 and prepare for
    the year ahead, we write to express our
    gratitude for your continued engagement
    with The American Law Institute and to
    share some reflections on the past year.
    This year has been one of continued
    progress and reflection for ALI. We gathered
    again for a successful Annual Meeting
    in Washington, D.C., and welcomed new
    members  whose expertise, judgment, and
    experience strengthens our work. As we
    look back on these accomplishments, we are
    reminded that ALI's impact depends on the
    extraordinary collaboration of our members.

    As part of our ongoing effort to ensure that
    ALI's work remains strong and sustainable
    for the future, we recently implemented
    an important change in our approach to
    continuing legal education. Going forward,
    ALI CLE will focus its efforts on in-person
    conferences and events that have a proven
    record of success, including the CLE
    programs held at our Annual Meeting.

    Over the past few months, we successfully
    wound down  the production of online-only
    CLE webinars and on-demand programming.
    While online CLE has long been a part of
    our educational outreach, the marketplace
    for such programs has shifted dramatically
    in recent years. The rise of large-scale,
    technology-driven providers, along with
    other changes in the way CLE is delivered,
    has made it increasingly difficult for smaller,
    mission-based organizations like ALI to


Continued on page 3


Continued on page 2