Trial Lawyers Just Rewrote Centuries-old Contract Law
This op-ed was originally published by the Washington Examiner.
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The American Law Institute (ALI) was traditionally an independent, scholarly institution but now participates more in advocacy, proposing novel liability expansion.
The American Law Institute (ALI) was traditionally an independent, scholarly institution but now participates more in advocacy, proposing novel liability expansion.
The ALI has proposed numerous restatements in recent years that go beyond simply restating an established area of common law but instead proposing rules to advance particular policy agendas.
Recent problematic proposed restatements include:
– Restatement of the Law, Consumer Contracts
– Restatement of Torts, Third: Concluding Provisions
ALI’s mission appears to have shifted over the past decade from that of a scholarly institution that was safely above the fray in broader policy disputes, to that of an advocacy group proposing novel expansions in liability law.
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