Ward Farnsworth | December 28, 2017 | Inside The ALI, Torts: Economic Harm
This piece is adapted from a speech by Ward Farnsworth on November 14. I consider a Restatement in general to be an exercise in harnessing collective wisdom, not the wisdom of a Reporter. It’s an attempt to gather the collective wisdom of the courts in this country on...
Richard L. Revesz | December 22, 2017 | Inside The ALI
Today, it is considered axiomatic that a well-designed investment portfolio should balance risk and return in a manner that is consistent with the investor’s financial objectives, and that stocks, typically offering higher expected returns and higher risks, should...
Richard L. Revesz | December 10, 2017 | Inside The ALI
Because of Erie,1Erie RR. Co. v. Tompkins, 304 U.S. 64, 78 (1938). the phrase “common law” probably conjures in most lawyers’ minds the idea of state common law. And, not surprisingly, the Restatements are generally identified with state common law rules. Indeed, our...
The American Law Institute | November 30, 2017 | Inside The ALI
Model or uniform codes or statutes and other statutory proposals are addressed mainly to legislatures, with a view toward legislative enactment. a. Nature of Model Codes. Unlike its Restatements, the Institute’s legislative recommendations are written with a view...
Richard L. Revesz | November 27, 2017 | Inside The ALI
Questions have been raised in recent meetings of our Advisers and Members Consultative Groups, particularly in connection with our newly launched Restatement of Copyright, about what role our Restatements can play in areas in which there is a comprehensive federal...
The American Law Institute | November 1, 2017 | Inside The ALI
Principles are primarily addressed to legislatures, administrative agencies, or private actors. They can, however, be addressed to courts when an area is so new that there is little established law. Principles may suggest best practices for these institutions. a. The...
