A Consumer Warning for the Restatement of Employment Law: Read Carefully Before Applying
12 Pages Posted: 1 Oct 2009
Date Written: September 29, 2009
On May 19, 2009, the American Law Institute (ALI) adopted three chapters of its proposed Restatement of Employment Law. It did so in the face of an extended critique by the Labor Law Trust Group-a body of academics in labor and employment law that has functioned for sixty years-and an appeal by the Group to broaden the ideological range of those drafting the document. The critique was ignored and the appeal was denied, without explanation. This essay, drafted immediate upon the ALI’s action, explains why the courts should take the Group’s comprehensive critique into account when considering the Restatement.
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