Shownotes for Restatement Scandal:
Justice Scalia provides us with an explanation of what the “modern Restatement” is (Kansas v. Nebraska, 574 U.S. ____ (2015) (Scalia, J. concurring in part, dissenting in part):
I write separately to note that modern Restatements—such as the Restatement [at issue in the case at bar]—are of questionable value, and must be used with caution. The object of the original Restatements was “to present an orderly statement of the general common law.” Restatement of Conflict of Laws, Introduction, p. viii (1934). Over time, the Restatements’ authors have abandoned the mission of describing the law, and have chosen instead to set forth their aspirations for what the law ought to be….And it cannot safely be assumed, without further inquiry, that a Restatement provision describes rather than revises current law.
Spotify Lawyer Leads Law Institute “Restatement of Copyright” Project www.hypebot.com/hypebot/2018/01/s…ake-treatise.html]