Does the American Law Institute Have an Ethics Problem on Its Hands?

ethicsThe brouhaha that engulfed the final draft of the Restatement of the Law, Liability Insurance (RLLI) at last month’s American Law Institute (ALI) annual meeting drew more publicity and concern than any ALI work product that I can recall.  And for good reason.  As numerous commentators observed—including Washington Legal Foundation’s Glenn Lammi and Mintz Levin’s Kim Marrkand—several provisions of the Restatement draft presented at the annual meeting deviated from the current legal rule in a majority or plurality of states.  Simply put, this “Restatement” does a lot less restating and a lot more revising than ought to be seen in something traveling under this banner. Continue reading “Does the American Law Institute Have an Ethics Problem on Its Hands?”