The Restatements are products of a very lengthy process that takes many years of deliberation by members of the ALI. This process includes:
Preliminary Draft – Preparation of a preliminary draft by a reporter, an eminent scholar in that legal subject. The preliminary draft is reviewed by small group of advisers with special knowledge of the subject.
Council Draft – Consideration and analysis by the Council of the Institute, a group of sixty prominent legal scholars, judges and practitioners. When approved by the Council, it is referred to as a council draft.
Tentative Draft – Consideration by the entire ALI membership. This is referred to as a tentative draft and it is presented to the entire membership of the ALI for debate and discussion. A series of tentative drafts may be produced over a period of years.
Discussion Draft – At times, the Council may deem a tentative draft not yet ready for action, yet there would be a benefit if the ALI membership discussed the draft; this is referred to as a discussion draft.
Proposed Final Draft – When this process has been completed, a proposed final draft, consisting of all prior tentative drafts and reflecting membership action, is submitted to the entire membership of the ALI for approval.
Official Text – When approved, the official text is published by the ALI.
For a more in-depth discussion of the drafting process for the Restatements, see the ALI web site (http://www.ali.org/index.cfm?fuseaction=projects.drafting).
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