American Law Institute - How The Institute Works

How The Institute Works

The basic approach and format of all American Law Institute publications is similar. ALI undertakes a project only upon the careful consideration and approval of its Officers and Council. A methodical process then follows:

• An expert in the field of law, usually a legal scholar, is designated as Reporter. With the help of assistants, the Reporter does the basic research and prepares material.

• An initial draft is submitted for suggestions and revisions to a small group of Advisers—judges, lawyers, and law teachers—with special knowledge of the subject. In most projects, the draft is also reviewed by a group of ALI members with a particular interest in the topic.

• The revised draft is next submitted for additional analysis and consideration to the ALI Council, a body of some 70 prominent judges, practicing lawyers, and law teachers. The draft can then be referred either to the Reporter and Advisers for further review or to the general ALI membership.

• When approved by the Council, the draft is presented as a Tentative Draft to an Annual Meeting of the entire membership for debate and discussion. The membership may approve the draft, subject to revisions, or refer it back to the Reporter and Advisers. A series of Tentative Drafts is produced in this way over a number of years.

• A Proposed Final Draft consisting of all prior Tentative Drafts as modified by membership action may then be submitted to the Council and the membership. When the project has been approved by both, an official text is published.

The final product thus reflects the review and criticism of experienced members of the bench, bar, and academia. The process many take many years, and it is not unusual for a single Restatement of the law project to take over twenty years to complete.