Labor & Employment Law

Restatement of Employment Law: An embarrassment

"The proposed Restatement, if passed in its present form, would be an embarrassment to the American Law Institute and would call into questions generally its commitment to accurate scholarship." So says Professor Richard Bales at Workplace Prof Blog.

Following a conference on the proposed Restatement of Employment Law, Bales had this to say:

Two themes quickly emerged.

First, substantively, there are parts of the proposed Restatement -- especially in the Comments -- that slant heavily toward employers, though there are parts of the proposed Restatement as well that are on the progressive side.

Second, the scholarship behind the proposed Restatement is extraordinarily sloppy -- cases are mis-cited, facts are wrong, holdings are wrong, and cases do not support the propositions for which they are cited. For this reason alone, ALI should put a hold on the proposed Restatement until it can be cleaned up. The proposed Restatement, if passed in its present form, would be an embarrassment to the American Law Institute and would call into questions generally its commitment to accurate scholarship.

Full post as published by Ross' Employment Law Blog on February 08, 2009 (boomark / email).