Category Archives: Symposia

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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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, […]

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 […]

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 […]

Empiricism and Privacy Policies in the Restatement of Consumer Contract Law, by Gregory Klass

by Guest Blogger — Thursday, Feb. 28, 2019

The draft Restatement of the Law of Consumer Contracts invokes six quantitative studies of judicial decisions. Each study seeks to collect all available decisions on a legal question, published and unpublished; codes those decisions for factors such as issue, outcome, procedural posture, jurisdiction, and citations; and analyzes the coded data to determine majority rules, trends, […]

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The NIEO 2.0?, by Susan K. Sell

by Guest Blogger — Tuesday, Oct. 9, 2018

Sam Halabi’s Intellectual Property and the New International Economic Order offers an original take on seemingly disparate efforts by developing countries to push back against overly strong intellectual property rules and the oligopoly power of intellectual property-intensive firms. He revisits the 1970s and 1980s debates over a New International Economic Order (NIEO) that reflected keen […]

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Key Insights from Intellectual Property and the New International Economic Order, by Peter Yu

by Guest Blogger — Monday, Oct. 8, 2018

In a world with ever-sprawling developments involving intellectual property rights, Sam Halabi’s new book, Intellectual Property and the New International Economic Order, could not have been published at a better time. This well-written, passionately argued, historically informed and highly interdisciplinary book covers issues ranging from pharmaceutical development to agricultural production and from biological diversity to […]

Expanding Shelters into Protective Zones – the Three Step Test and State (and other) Practice in Developing International Copyright Law, By Henning Grosse Ruse – Khan

by Guest Blogger — Monday, Oct. 8, 2018

It’s great to be part of this blog symposium on Sam’s excellent monograph on IP and the New International Economic Order (NIEO). As the title of my post suggests, I’ll focus on taking the idea of IP ‘shelters’ further, looking at strategies for expanding them into broader, ideally globally recognised zones that protect the basic […]

International Intellectual Property Shelters Support a “Basic Needs Approach” to IP, by J. Janewa Osei-Tutu

by Guest Blogger — Friday, Oct. 5, 2018

My thanks to Chris Walker for organizing this symposium to facilitate this conversation about Sam Halabi’s new book, Intellectual Property and the New International Economic Order, which has been published by Cambridge University Press. I enjoyed reading this book, and I will be keeping a copy on my shelves. For scholars who are interested in […]