Steven O. Weise Posts

Empiricism and Privacy Policies in the Restatement of Consumer Contract Law and The Faulty Foundation of the Draft Restatement of Consumer Contracts

“Empiricism and Privacy Policies in the Restatement of Consumer Contract Law” (Empiricism) asks the wrong question and takes the wrong approach to answering that question. A second article in same issue of the Journal, “The Faulty Foundation of the Draft Restatement of Consumer Contracts” (Faulty Foundation) has similar flaws.  Both articles misconceive and overstate the role of “counting” in the preparation of the Restatement, as the Reporters emphasize that the Restatement follows the traditional  ALI approach, which is based on a broad review of court decisions.