The absence of stated principles underlying the articulation of the black letter and comments – principles that the Reporters have said they will provide at the end of the process – continues to trouble the Draft. It remains unclear whether the Reporters are synthesizing positive law, or seeking to reform it. We are not contending that ALI should not push for law reform (even though Principles or some other form might provide a preferable and more transparent vehicle for aspirational endeavors), but we do think the objectives and methodology should be clear from the outset. We remain concerned that ALI’s credibility is undermined if its output is perceived as promoting an unstated agenda.
Intellectual Property Law | Law
Kernochan Center for Law, Media and the Arts
Jane C. Ginsburg & June M. Besek,
Comments on Preliminary Draft 3 [black letter and comments],
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3968