The Restatement Scandal: The Futility of False “Unity”

Chris Castle has some excellent analysis of the ALI copyright restatement project as well as some other recent ALI restatements. Hew writes:

However, there appears to be a trend at the ALI to trade on the “Restatement” series to provide a vehicle through which those who control the pen in drafting new versions of old Restatements and new Restatements on new topics can try to change the law to what the drafter thinks it ought to be rather than a tool for practitioners to quickly learn what the “black letter law” is. This is a way to make an end run around the democratic process to deny voters and their elected representatives their proper role. What’s different is the potential for the moral hazard of astroturfing making it more important than ever to know who is behind the pen.

Music Technology Policy

Who ever thought that the American Law Institute–of all places–would become the center of a corruption scandal over–of all things–its “Restatement of the Law” series.  Chances are good that MTP readers outside of the legal profession have no bloody idea what a “Restatement” is and will sleep well in that knowledge deficit.  But for lawyers (particularly litigators), the Restatement series has had some passing value.

However, there appears to be a trend at the ALI to trade on the “Restatement” series brand value to provide a vehicle through which those who control the pen in drafting both new versions of old Restatements and new Restatements on new topics can try to change the law to what the drafter thinks it ought to be–rather than a tool for practitioners to quickly learn what the “black letter law” is.  This is a way to make an end run around the democratic…

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About Dr. David C Lowery

Platinum selling singer songwriter for the bands Cracker and Camper Van Beethoven; platinum selling producer; founder of pitch-a-tent records; founder Sound of Music Studios; platinum selling music publisher; angel investor; digital skeptic; college lecturer and founder of the University of Georgia Terry College Artists' Rights Symposium.