This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the course the ALI and its projects have taken during the 100 years of its history. Our aim is to situate the central preoccupations of the ALI at various times in the larger culture of the American legal profession and the social forces influencing American law. From its origins, the ALI has been a self-consciously elitist organization, operating under the premise that a collection of distinguished individuals drawn from the practicing bar, the judiciary, and the legal academy can make significant contributions to the growth and development of American law. But despite that premise, the ALI has not been free from pressures emanating from the broader legal profession and American society as a whole. One of the themes of this chapter is the ALI’s inability to be immune from those pressures in its mission to improve the state of American law, despite its strong commitment to professional independence from outside influences.
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
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Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make...
Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
St. George Tucker is commonly regarded as the most important commentator on American law in the first half of the nineteenth century, and the first...
Although ethical critiques of markets are longstanding, modern academic debates about the “moral limits of markets” (MLM) tend to be fairly limited in...
Many analyses of law take an unsentimental, perhaps even cynical view of regulated actors. On this view, law is a necessity borne of people’s selfish...
This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...
This paper describes the response of George Washington's administration to a plea for emergency war financing from French colonists who were trying to...
When Class Competed with Race and Lost: An Origin Story of the Political Marginalization of the Poor
On March 1, 2024, the University of Richmond Law Review hosted a symposium entitled Vestiges of the Confederacy: Reckoning with the Legacy of the...
In DeTreville v. Smalls, an 1879 case from Port Royal, South Carolina, the Supreme Court declared that titles to land that had been sold in...
How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...
This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...
At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...