It has been suggested that the focus of inquiry in the Restatement project should be on decisions of state courts of last resort (and that overruled cases should be disregarded because they are no longer “good law” which makes eminent sense from the viewpoint of legal practice and appellate advocacy but less so from a more comprehensive view of the evolution of the substance of the law in historical context, which should also pay heed to dissents).The courts of law resort decide a… [read post]