Last fall, the ALI Council approved Council Draft No. 5 of the Restatement of the Law, Consumer Contracts, for submission to the members at the ALI Annual Meeting in May 2019, subject to the discussion at the Council meeting and the usual editorial prerogatives. The Reporters are now working on the draft to be presented in May.
Two U.S. Courts of Appeals recently cited the Restatement of the Law Third, Torts. The First Circuit cited the Restatement of the Law Third, Torts: Products Liability § 4 and the Seventh Circuit cited Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm §§ 27 and 34. Summaries of those opinions are provided below.
At its January meeting, the Council approved the launch of the final three components of the Restatement Third of Torts. The projects tentatively are titled: Remedies; Defamation and Privacy; and Concluding Provisions. With these projects, the ALI aims to complete an effort that began nearly three decades ago, when we started work on the Restatement of the Law Third, Torts: Products Liability. And when these projects are completed, the ALI will have produced a body of work that entirely supersedes the Restatement Second of Torts.
In Part One of this two-part episode of Reasonably Speaking, Sherrilyn Ifill, Barry Friedman, and John Malcolm explore the intersection of race and policing in the United States. Part One looks at the history of race and policing, training programs, and police as first responders.
First Thoughts About ‘Second Look’ and Other Sentence Reduction Provisions of the Model Penal Code: Sentencing RevisionMargaret Love and Cecelia M. Klingele
The financial cost of mass incarceration has prompted states to pass legislation providing for early release of prisoners. Although early release laws are frequently in tension with principles underlying sentencing systems, most have been passed without any discussion of how they might be justified in theory.
For most of the past century, those who followed foreign relations law believed that federal law, including that made by the federal courts in the absence of legislation and treaties, should govern the field. Anything else would burden political and economic ties with the rest of the world and stymie efforts to adapt the law to a rapidly changing international environment.