Monthly Archives: March 2019

Empiricism and Privacy Policies in the Restatement of Consumer Contract Law and The Faulty Foundation of the Draft Restatement of Consumer Contracts, by Steven O. Weise

by Guest Blogger — Friday, Mar. 22, 2019

“Empiricism and Privacy Policies in the Restatement of Consumer Contract Law” (Empiricism) asks the wrong question and takes the wrong approach to answering that question. A second article in same issue of the Journal, “The Faulty Foundation of the Draft Restatement of Consumer Contracts” (Faulty Foundation) has similar flaws.[1]  Both articles misconceive and overstate the […]

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SCOTUS Argument Preview of PDR Network v. Carlton & Harris Chiropractic

by Christopher J. Walker — Thursday, Mar. 21, 2019@chris_j_walker

Next week’s main adlaw event at the Supreme Court is, of course, Kisor v. Wilkie, in which the Court will decide whether to overturn Auer deference to agency regulatory interpretations. But next week’s argument schedule also includes a pretty fascinating adlaw undercard: PDR Network v. Carlton & Harris Chiropractic. Over at SCOTUSblog, I posted a preview […]

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The Proposed Restatement of Consumer Contracts, if Adopted, Would Drive a Dagger Through Consumers’ Rights, by Melvin Eisenberg

by Guest Blogger — Wednesday, Mar. 20, 2019

The American Law Institute is considering the adoption of a Restatement of Consumer Contracts. (The present version of the proposed Restatement is Council Draft No. 5, and this article is based on that Draft.) The proposed Restatement is opposed by the Attorneys General of California, Delaware, the District of Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, […]

What does the 1967 Protocol have to say about the Legal Obligations that the United States Owes to Asylum Seekers?, by Robert F. Barsky

by Guest Blogger — Wednesday, Mar. 20, 2019

The Trump administration’s claims and actions in regards to refugees and asylum seekers have led lawmakers, lawyers and the courts to consider a crucial question: What are the US government’s obligations towards refugees and asylum seekers? There are rights that are clearly stated in such work as Hathaway and Neve, which are rooted in the […]

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Reminder to RSVP to March 22 Event – 2019 Davis Polk & Wardwell Administrative Law Conference: Regulatory Change & the Trump Administrative State

by Guest Blogger — Wednesday, Mar. 20, 2019

The Yale Journal on Regulation  invites you to the 2019 Davis Polk & Wardwell Administrative Law Conference:  Regulatory Change & the Trump Administrative State Friday, March 22, 2019 127 Wall Street, New Haven, Connecticut 06511 Please see the agenda below. Breakfast and lunch will be provided. Please register here by March 20, 2019. Panel reading materials and further details will be […]

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The Replication Crisis of the Draft Restatement of Consumer Contracts, by Adam J. Levitin, Nancy S. Kim, Christina L. Kunz, Peter Linzer, Patricia A. McCoy, Juliet M. Moringiello, Elizabeth A. Renuart & Lauren E. Willis

by Guest Blogger — Wednesday, Mar. 20, 2019

The American Law Institute’s Draft Restatement of the Law of Consumer Contracts is a highly controversial project that has drawn sharp criticism from state attorneys general, consumer advocates, civil rights and labor organizations, and even a former ALI Vice-Chair, Elizabeth Warren, who is now a Presidential candidate. Reasonable minds might differ regarding the normative choices […]

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From Replicability to Replication in Systematic Coding of Legal Decisions, by Mark A. Hall and Ronald F. Wright

by Guest Blogger — Tuesday, Mar. 19, 2019

It is fitting that this symposium focuses on the propriety of systematic coding of caselaw in the context of an ALI Restatement. A decade ago, we wrote a comprehensive review article of legal scholars’ use of systematic case coding up to that time, which we framed as a quasi-“Restatement” of this emerging research methodology. Because […]

Chevron Goes Missing In An Immigration Case. Again.

by Michael Kagan — Tuesday, Mar. 19, 2019@MichaelGKagan

The Supreme Court issued its decision in Nielsen v. Preap today. The words “Chevron” and “defer” do not appear anywhere in any of the opinions. Not in the majority opinion by Justice Alito. Nor in the dissent by Justice Breyer. Nowhere. Nielsen v. Preap (SCOTUSblog page here) is about the interpretation of the mandatory detention […]

Restating the “Law”, by Clayton P. Gillette

by Guest Blogger — Monday, Mar. 18, 2019

How would one go about the process of discovering the law related to a field such as consumer contracts in order to incorporate it into a “Restatement”?  Presumably, a scholar would be concerned with the reasoning of courts as they apply legal principles “on the ground,” a practice that transcends recitations of doctrine classified in […]