RESTATEMENTS AND TREATISES Christine Iaconeta Law 607 Legal

RESTATEMENTS, AND TREATISES Christine Iaconeta Law 607 Legal Research and Writing

RESTATEMENTS A group of prominent judges, lawyers and law professors came together and form the American Law Institute (ALI) They were concerned with the growing complexity and uncertainty of American common law. ALI took on the task of drafting the Restatements. Originally descriptive in nature—literally a restating of the law Restatement 2 nd and 3 rd projects became less descriptive by focusing on cases ALI deemed to reflect the best interpretation of the law. Reporters identify trends in the law or predict what the law should be.

CREATING THE RESTATEMENT ALI chooses a prominent judge, scholar or attorney to the be the Reporter, who, working with other prominent professionals in that area of law, is responsible for preparing tentative drafts. Drafts are submitted to and approved by all the members of ALI Often takes several tentative drafts, over many years before approved by members of ALI Drafts become a sort of legislative history to be used to determine what the drafters intent when the restatement was written Written to have Persuasive Authority—courts cite to them in their opinions.

RESTATEMENT TOPICS FIRST SERIES 1923 -1944 o Agency o Conflict of Laws o Contracts Judgments o Property o Restitution o Security o Torts o Trusts SECOND SERIES SINCE 1957 THIRD SERIES SINCE 1986 Agency Conflict of Laws Contracts Foreign Relations Judgments Property: Landlord/Tenant o Property: Donative Transfers o Torts o Trusts o Foreign Relations of the U. S. o Law Governing Lawyers o Property (mortgages) o Property (servitudes) o Property (wills & donative transfers o Suretyship & Guarantee o Torts (apportionment of liability o Torts (products liability) o Trusts (prudent investor rule) o Unfair Competition o o o www. ali. org for revisions, updates, new titles.

ORGANIZATION OF THE RESTATEMENTS • Divided into sections, with a concise “black letter” statement of the law followed by explanatory comments and illustrations. • In recent editions, the comments and illustrations are followed by Reporter’s Notes—background information on the development of the section, a sort of legislative history.

Comment: provides more explanation on the what the “black letter” means

HOW TO FIND CASES IN THE RESTATEMENTS Appendix Volumes—used to find cases that site the Restatements Pocket Parts Interim Case Citations to the Restatement of the Law: Separate publication with most recent cases cited—Law Stacks KF 395 A 575 I 55 Shepard’s Restatement of the Law Citations (also available on Lexis. Nexis)

Comments can be confusing. Reporters will add illustrations to clarify the point being made. Cases that interpret your Restatement section appear in Appendix Volumes—separate from the Rules volumes.

WHERE TO FIND THE RESTATEMENTS In Print on the 2 nd Floor of the Library All classified by the call number KF 395 A 2, then organized alphabetically by title. Available on Lexis. Nexis and Westlaw

TREATISES In-depth treatment of a single subject, such as Torts or Property Can be multi-volume set of books, textbooks, or shorter monographs. Features: Table of Contents Table of Cases Index Supplementation by pocket parts, softbound supplements, or looseleaf pages.

FINDING TREATISES URSUS—the library catalog Several Publications that list law books in print Bibliography of Early American Law Books Recommended for Libraries Legal Information Buyer’s Guide and Reference Manual Legal Looseleafs in Print Online Guides Georgetown Law Library—Treatise Guide UVa Law Library-- Treatises by Subject Ask a Librarian

TREATISES & RESTATEMENTS ON LEXIS ADVANCE In the “Content Type” window: Click Secondary Materials, Treatises Practice Guides & Jurisprudence, Click Real Property in the “Practice Area” window List of multiple sources Can search all sources at once. Browse the list and choose a source Powell on Real Property is the leading property treatise. In the “Content Type” window: Click “Restatement”, Choose Property 3 d Servitudes

TREATISES ON WESTLAW Easiest way to access is through the “Secondary Sources Link Click: Secondary Sources, under the “By Type” listing choose Text & Treatises, By Topic—choose relevant topic for list of treatises Or Click “Restatements & Principles of Law” to find those resources.