Reflection on Collective Thought
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 various difficult questions, and the collective wisdom of the bench, the bar, and the legal academy in making sense out of what the courts have said.
Project Spotlight: Restatement of the Law, Children and the Law
The law regulating children, and their relationships with family and the state, has grown complex. We now grapple with creating a cohesive understanding of the law that balances children’s rights against parental authority and the state’s commitment to support child wellbeing. That is the purpose of this project.
How the ALI Empowered Fiduciaries to Have Better Investment Strategies
In 1992, ALI completed the Restatement (Third) of Trusts: Prudent Investor Rule, which made several key changes to the law of trusts contained in the Restatement (Second), each under the rubric of a new “prudent investor rule.”
Roundup of 2017 Expungement and Restoration Laws
A new report from the Collateral Consequences Resource Center shows that states across the country are continuing to expand opportunities to avoid or mitigate the adverse effects of a criminal record.
Defining Consent
In a recent Associated Press interview, NYU School of Law professor Erin E. Murphy brings attention to the complexity of sex assault laws and the definition of consent.
A Theoretical Perspective of the Public Policy Doctrine in the Conflict of Laws
The public policy doctrine in the conflict of laws has been often characterised as uncertain and ambiguous. This article aims to examine the doctrine at common law from a theoretical perspective in order to: first, determine whether the substantive considerations which courts have invoked under the public policy doctrine are theoretically justifiable; second, discern principled boundaries around the courts’ exercise of the defence.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.