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May 17, 2016

American Law Institute’s ‘Restatements’ Shift Law in ‘Dangerous Directions’, writes National Review’s Fund

Labeling the American Law Institute (ALI) “the most important organization in the country that seeks to clarify and modernize the nation’s laws,” National Review’s John Fund writes that ALI’s “large behind-the-scenes power to not just interpret the law but revise it in dangerous directions bears watching.”

Fund writes that the ALI’s “elite membership” includes all nine U.S. Supreme Court justices, the chief judges of the U.S. Court of Appeals, and the chief judges of the highest state courts, numerous law school deans and a number of law professors.

Through its “Restatements”, writes Fund, ALI goes beyond simply codifying common law by shifting “the law in the direction that the ALI wants the law to go.”

“We are in danger of moving from a (society) governed by judges and elected representatives to a society governed by the ALI,” writes Fund.

Read the full piece here.

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