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Columbia Law School

Intellectual Property Law

2020

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Comments On Preliminary Draft 6, Jane C. Ginsburg, June M. Besek Sep 2020

Comments On Preliminary Draft 6, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We briefly reiterate the principal General Comments we made with respect to PD5, because PD6 continues, including in its two new sections, to manifest the same overall shortcomings: (i) the relationship of the draft to the statute remains highly inconsistent; (ii) the Restatement needs a consistent and transparent methodology for restating a statute; and (iii) continuing to carry on without clear methodological principles will undermine the utility of this project and the credibility of the ALI.