Earlier this week, I was wondering where, if anywhere, the ALI could be most helpful in the development of business law. Today I picked up a list with the heading, "Possible Topics for Future Projects." Among the possibilities:
- Fraud
- Corporate criminal liability
- Copyright law
- Financial regulation
- Update of the Principles of Corporate Governance
- Cyberlaw
- Transmission of wealth
- Tax
- International consumer protection
Traditionally, Restatements were thought to be most useful for synthesizing the common law. See, for example, the Restatement Third, Employment Law:
This project aims to clarify the common law of employment. Although federal and state statutes regulate the employment relationship, major aspects continue to be governed by law developed by state appellate courts, and doctrine has changed significantly in recent decades.
Despite the traditional emphasis on common law synthesis, many of the topics on the future projects list seem to be primarily statutory or regulatory subjects. Of course, the projects need not be restatements (see, e.g., Principles of Corporate Governance).
If you were the ALI, which of the topics on the list above would catch your eye?
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