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98 Iowa L. Rev. Bull. 1 (2013)

handle is hein.journals/iowalrb4 and id is 1 raw text is: The ALI's Response to the Center for
Tobacco Control Research & Education
Roberta Cooper Ramo* & Lance Liebman*
We write in response to the recent Iowa Law Review article about
tobacco industry input on several of the American Law Institute's
Restatement of Torts. The article errs in its assumption that finding correct
legal rules is the same as assessing the results of medical research. It does not
recognize that ALI's process for considering improvements in law must be
open to input from all sides of the relevant issues. The process which
produces Restatements would not be credible or of practical use without
participation by lawyers who represent clients on all sides. The article also
incorrectly states that ALI's process takes place in backrooms, when in fact
our drafts are publicly available at all stages, encouraging constructive
improvements, disagreements, amendments, and arguments. ALI's search
for better law needs participation by all sides on contentious issues, and
must be done-and is done-in sunshine. Our work is also improved by
comments from our members who do not specialize in the area being
In addition to failing to understand the ALI process and the difference
between medical and legal recommendations, the authors make an
unjustified and unsupported broad attack. ALI's strength lies in our process
and our membership-about 4,000 of the most accomplished academics,
lawyers, and judges-and we stand by the integrity of both. ALI provides
judges, legislators, and practicing lawyers with concise and clear
jurisprudential principles, based on reported court decisions, statutes,
academic analysis, and contrasting and conflicting policy arguments. The
framework we present in the Restatements accommodates both the specific
factual aspects of cases and the evolving policy choices of legislatures. For
this reason, ALI's products liability framework-found wanting by the Iowa
article's authors-has been cited widely, as courts and elected leaders of
each state considered variations reflecting their balancing of interests in
President, The American Law Institute.
** Director, The American Law Institute.
t Elizabeth Laposata, Richard Barnes & Stanton Glantz, Tobaco Indus Lnlhnunce on the
Ameirian Law Institute's Restatement (f Torts and 1mplications jor lIs Conflict of Int ees Policies,
98 IOWAL.REV. 1 (012).


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