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Washburn University School of Law Library rev. 9/94
[edited/excerpted by The 'Lectric Law Library Staff 8/95]
AMERICAN LAW INSTITUTE
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 and the Restatement of the Law 2d.
Eight of the original Restatement have been reissued in
Restatement 2d. Restatement of the Law 3rd covers "The Foreign
Relations Law of the United States". Restatement, 3d, of Trusts
(Prudent Investor Rule) is a partial revision of the Restatement,
2d, of Trusts.
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
The subjects covered in the Restatements are: Agency, Conflict of
Laws, Contracts, Foreign Relations Law of the U.S., Judgments, Law
Governing Lawyers (Tentative Drafts), Property, Property 2d
Donative Transfers, Property 2d Landlord and Tenant, Property 3d
Security (Mortgages) (Tentative Drafts), Restitution, Security,
Torts, Trusts, and Unfair Competition (Tentative Drafts).
A 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.
ACCESSING 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). A comprehensive index is planned for the Restatement
2d, to be issued after the set is completed. The Restatements may
also be accessed by topic, using the Table of Contents in each
Additional case annotations to Restatements are provided by
supplements, hardbound volumes entitled Restatement in the Courts,
through 1976. Since 1976, the annotations appear in appendixes
specific to each restated subject area. These too, are hardbound.
These appendixes contain West Digest Key Numbers and citations to
Lawyers Co-op American Law Reports. The appendixes are updated
with the pocket supplements and paper pamphlets titled Restatement
in the Courts.
The latest edition of The American Law Institute's publication
service is Interim Case Citations to The Restatement of the Law.
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.
Another tool which updates the Restatement is Shepard's
Restatement of the Law Citations. 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.
Articles covering Restatements can be located by using the Index
to Legal Periodicals on CD-ROM. The Current Law Index is in print
format and lists articles under both "American Law Institute", and
under the names of the individual Restatements.
LEXIS AND WESTLAW
Online access to The Restatements, current pocket parts and annual
supplements are now available on WESTLAW and are located in the
REST database as well as individual topic databases (ie: REST-
TORT, REST-JUDG, REST-AGEN, etc.).
Restatements are available in LEXIS. The 10 major areas of the
Restatements of the law are retrievable using this library.
HEIN MICROFICHE SET (KF 395 .A2 .A1)
William S. Hein & Co., Inc., has published The American Law
Institute Archive Publications on microfiche. This prodigious
collection contains over one quarter of a million pages. In
addition to filming the entire first Restatement of the Law, Hein
includes the preliminary drafts, Council Drafts, Tentative Drafts
and Proposed Final Drafts. Perhaps most notable is the inclusion
of the Institute's Proceedings, some of which have never been
officially published. The Proceedings include discussions of the
drafts of the Restatement. The availability of the Proceedings
will make it much easier to trace history and evolution of
particular sections of the Restatements.
American Law Institute. The American Law Institute 50th
Anniversary. Philadelphia: American Law Institute, 1973.
Cohen, Morris L. and Berring, Robert C., "Restatements of the
Law". In How to Find the Law 395-404. St. Paul: West
Publishing Co., 1989.
Jacobstein, J. Myron and Mersky, Roy M., and Donald J. Dunn "The
Restatement of the Law". In Fundamentals of Legal Research 6th
ed., 417-421. Westbury N.Y., Foundation Press, Inc., 1994.
Price, Miles O.; Bitner, Harry; and Bysiewicz, Shirley Raissi,
"American Law Institute Restatement of the Common Law". In
Effective Legal Research 4th ed. 276-279. Boston: Little, Brown
and Co., 1979.
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