November 17, 2008
Restatement 10th Anniversary Symposium at Brooklyn Law School
The Brooklyn Law School's symposium commemorating the 10th anniversay of the Restatement (Third) of Torts: Products Liability was held on November 13 - 14 at Brooklyn Law School. In attendance were the Reporters for the Restatement, Aaron Twerski and Jim Henderson, as well as several other academics and practitioners (including editors of this blog, Ken Ross and Dave Prince), many of whom were instrumental in fashioning the Restatement and all of whom expressed their views on the Restatement's success over the past decade. The two-day discussion demonstrated that the the Products Liability Restatement has lost none of its capacity to inspire vigorous debate. There was widespread agreement that the Restatement has been quite successful in describing the developments that occured in this area of law in the decades following the addition of Section 402A to the Restatement (Second) of Torts. And even its detractors agree that the Restatement 3d has set the agenda for the continuing debate over future developments in this area of the law.
The Brooklyn Law Review will publish a symposium edition this winter that will include papers from several of the participants.
November 17, 2008 | Permalink
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Restatements are not restatements. They often privately invent law. The citing of a Restatement in any judge decision should invalidate the decision per se for violating the legislation clauses of the US and state constitutions. It represents private law making, by self-dealing, biased, clueless academics and those ex officio members of the ALI. Nor is there ever an academic lawyer biased against lawyer pretextual gotcha, nor against lawyer rent seeking, nor against hypertrophic proceduralism, generating lawyer employment.
The Restatement on Product Liability has been a great success. Its content helped to eradicate manufacturing in the US, cut economic growth to 3% instead of our competitors' 9%, and suppressed employment by outsourcing. The Restatement enriched lawyers and impoverished the nation.
Will anyone bring that up at the birthday party?
Did anyone bring up the argument that a lawsuit is a product itself, designed to injure in its ordinary use?
Posted by: Supremacy Claus | Jan 8, 2009 10:26:42 AM