Leaving Clients at the Door

Council Rule 4.03 states: “To maintain the Institute’s reputation for thoughtful, disinterested analysis of legal issues, members are expected to leave client interests at the door. In communications made within the framework of Institute proceedings, members should...

The Wisdom of Crowds™ 

The following has been adapted from a speech presented at ALI’s 89th Annual Meeting. I have been a member of this extraordinary institution for 30 years. For all of us, the ALI has been a meaningful and special organization. Since my election, much has changed...

Restatements and the Federal Common Law

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...