The Restatement of Employment Law is the Wrong Project
Employee Rights and Employment Policy Journal, Vol. 13, No. 1, 2009
Loyola University Chicago School of Law, Public Law & Legal Theory Research Paper No. 2009-0024
4 Pages Posted: 30 Apr 2009
Date Written: April 15, 2009
Abstract
When the American Law Institute’s Council announced that the Institute would begin work on a Restatement of Employment Law, it, like all other projects since I have been an ALI member, sprang forth with no input from the general membership about undertaking the project in a particular area, what type of project it should be and who should be its Reporters and its Advisory group. I suppose the best that can be said about how this happened is that the principle of never doing anything the first time appeared to rule: The ALI is an institution with very strong traditions and they were followed. Although I had no input in how the project was framed or staffed and disagreed with the decision to start work in the labor and employment area with a Restatement, I thought it was my duty as a member to get involved and so I joined the only role available to the general membership before participation at the annual meeting and that was to join the Consultative Members Group. It is open to all members. As the project has progressed, I am only further convinced that a Restatement of the common law was the wrong place for the ALI to start work in the labor and employment law area.
Keywords: Labor Law, Employment Law, Restatements, American Law Institute, ALI, Common Law
JEL Classification: K19, K31, K40
Suggested Citation: Suggested Citation