ALI Consumer Contract Restatement Is Biased Advocacy

Law360 (July 22, 2020, 2:03 PM EDT) -- For nearly a century, the American Law Institute has been a stalwart of the American legal profession. But in recent years, its mission appears to have shifted from its original purpose to promote the clarification and simplification of the law to that of an advocacy organization.

The ALI publishes periodic restatements of the law, and these traditionally have been highly influential resources for judges, scholars, practicing lawyers and students due to a tradition of thoughtful and objective analysis in doing precisely what the name suggests: restating the law. In fact, the organization's style manual, which is the guide for these works,...

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