Category Archives: Symposium on the Draft Restatement of the Law of Consumer Contracts

Reporters’ Statement Concerning Research Methods, by Oren Bar-Gill, Omri Ben-Shahar, and Florencia Marotta-Wurgler

by Guest Blogger — Thursday, Mar. 28, 2019

The Restatement of Consumer Contracts provides a systematic formulation of the common law rules guiding courts in resolving disputes over consumer contracts. These rules are distilled from the analysis of longstanding common law doctrines, as well as a careful reading of more recent leading court decisions, from which we elicit the governing principles. We clarify […]

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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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