A Consumer Warning for the Restatement of Employment Law: Read Carefully Before Applying

12 Pages Posted: 1 Oct 2009

See all articles by Matthew Finkin

Matthew Finkin

University of Illinois College of Law

Date Written: September 29, 2009

Abstract

On May 19, 2009, the American Law Institute (ALI) adopted three chapters of its proposed Restatement of Employment Law. It did so in the face of an extended critique by the Labor Law Trust Group-a body of academics in labor and employment law that has functioned for sixty years-and an appeal by the Group to broaden the ideological range of those drafting the document. The critique was ignored and the appeal was denied, without explanation. This essay, drafted immediate upon the ALI’s action, explains why the courts should take the Group’s comprehensive critique into account when considering the Restatement.

Suggested Citation

Finkin, Matthew W., A Consumer Warning for the Restatement of Employment Law: Read Carefully Before Applying (September 29, 2009). Louisiana Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1480212

Matthew W. Finkin (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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