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Drafting Process

Restatement Drafting Process

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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