Consumer Contracts and the Restatement Project

The Restatement project presumes the exercise of nonpartisan judgment. Some criticisms of the draft are more political tracts than analytic critiques. Because the Draft does a good job analyzing and distilling the law, the real question in this debate is whether the ALI and the Restatement project as a whole can withstand efforts to use the tools and standards of retail politics to defeat the analytic approach of the Draft. To the extent such efforts succeed, the Restatement concept as a whole will fail.

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