Restatements of the Law Guide
The American Law Institute was founded in 1923, in order to gather, synthesize, organize and simplify the common law of the United States. The primary tools it uses to attempt these goals are the Restatement of the Law (1923-1952), Restatement of the Law 2d (1952-1986) and Restatement of the Law 3d, started in 1987. Each additional restatement includes additional subject areas or improves upon an existing subject area.
In addition to the Restatements, the Institute has generated Preliminary Drafts, Council Study Drafts, Council Drafts, Tentative Drafts and Proposed Final Drafts for each of the Restatement of the Law, and Restatement of the Law 2d and 3d subject areas. All of these drafts for the first Restatement are included in the Hein Microfiche set. See below.
Restatements of the Law
Each Restatement attempts to gather and synthesize the case law on a topic, to organize it, and to present the "rules" distilled from the cases. These "rules" are the Institute's attempt of providing "black letter law". Each restated subject area is divided into chapters, and further divided into topics and sections; the sections represent the "black letter law". Typical sections contain the rule of law, comments and illustrations used to clarify the rule, and major exceptions to the rule.
The subjects covered in the Restatements are:
|Restatement (1923-1951)||Restatement 2nd (1952-1986)||Restatement 3rd (1987-present)|
|Agency||Agency 2d||*Agency 3d|
|Conflict of Laws||Conflict of Laws 2d||*Employment Law 3d|
|Contracts||Contracts 2d||Foreign Relations Law of the U.S. 3d|
|Judgments||Judgments 2d||Property 3d (Mortgages and Servitudes)|
|Property||Property 2d (Landlord and Tenant)||Property 3d (Wills and Other Donative Transfers)|
|Restitution||Property 2d (Donative Transfers)||*Restitution and Unjust Enrichment 3d|
|Security||Torts 2d||Suretyship and Guaranty 3d|
|Torts||Foreign Relations Law of the U.S.||The Law Governing Lawyers 3d|
|Trusts||*Torts 3d (Liability for Physical Harm)|
|Torts 3d (Products Liability and Apportionment of Liability)|
|Unfair Competition 3d|
A complete set of Restatements can be found at KF 395 –. Restatements of the Law are also available on microfiche. The microfiche set contains the entire first Restatement of the Law, preliminary drafts, Council Drafts, Tentative Drafts and Proposed Final Drafts. Perhaps most notable is the inclusion of the Institute's Proceedings. Contracts 2d Student Edition is on permanent reserve.
In addition, the American Law Institute's Proceedings are available in hard copy at KF 294 .A5 A1. The set is incomplete because not all of the proceedings have been published in print. The complete Proceedings are, however, available in the Hein Microfiche set at the same call number.
Lexis: Secondary Legal — Restatements.
Westlaw: Forms, Treatises, CLEs & Other Pracitce Material — Restatements
Using the Restatements
Each Restatement volume has its own index, and there is a one volume, comprehensive index covering all of the Restatement of the Law (first). Researchers can also locate entries by topic using the Table of Contents in each set.
Through 1976, case annotations to Restatements were published in hardbound volumes entitled Restatement in the Courts (KF395 .A3 ---). Since 1976, the annotations appear in appendixes specific to each restated subject area. These too, are hardbound. The appendixes are updated with the pocket supplements. All of these supplementary materials are kept on the 4th floor (KF 395.---).
The latest edition of The American Law Institute's publication service is Interim Case Citations to the Restatement of the Law (KF395 .A32). This semiannual pamphlet is to be used in conjunction with the current cumulative annual supplements and pocket parts. The Interim Case Citation provides the user with the Restatement section cited, a description of how the Restatement was applied in the case, the case name, the case citation, the pages on which the Restatement was cited, the name of the court rendering the decision, and the year of the decision. It is shelved with the ALI Restatements of the Law volumes.
Shepard's Restatement of the Law Citations (KF395.A4 S49) also updates the Restatements. Used as any other Shepard's, this tool provides citations to cases that appear in the National Reporter System. It is shelved with the Shepard's on the 3rd floor.
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