Restatements of the law are produced by the American Law Institute (ALI), an organization comprised of prominent American judges, lawyers, and law professors. Each restatement distills the case law on a particular topic into a series of concise "black letter"* principles or rules. Although the restatements do not have binding legal authority, they are considered persuasive authority and are frequently cited by the courts.
Most of the original restatements have been reissued in an updated Restatement 2d series, and some have been reissued in a Restatement 3d series. In addition, new restatements are being issued for the first time as part of the 3d series.
Current restatements are located in the General Collection, shelved by subject matter. They include, but are not limited to, the following titles:
Agency, 3d (KF 1345 .A764 2006)
Conflict of Laws, 2d (KF 411 .R47 1971)
Contracts, 2d (KF 801 .R47 1981)
Foreign Relations Law of the U.S., 3d (KF 4651 .R47 1987)
Judgments, 2d (KF 8990 .R48 1982)
Law Governing Lawyers, 3d (KF 300 .R47 1998)
Property (KF 570 .A73 1936)
Property, 2d, Landlord and Tenant (KF 590 .A84 1977)
Property, 2d, Donative Transfers (KF 613 .R47 1983)
Property, 3d, Wills and Other Donative Transfers (KF 613 .R47 1999)
Property, 3d, Mortgages (KF 695 .R47 1997)
Property, 3d, Servitudes (KF 652 .R47 2000)
Restitution, Quasi Contracts and Constructive Trusts (KF 1244 .R46 1937)
Suretyship and Guaranty, 3d (KF 1045 .A938 1996)
Torts, 2d (KF 1249 .A4 R47)
Torts, 3d, Apportionment of Liability (KF 1312. T67 2000)
Torts, 3d, Products Liability (KF 1296 .R46 1998)
Trusts, 2d (KF 730 .R47)
Trusts, 3d (KF 730 .R477 2003)
Unfair Competition, 3d (KF 3195 .R475 1995)
USING THE RESTATEMENTS
Each restatement is arranged first by chapter, then by topic and title, and then by section. Restatements are cited by section number (see Bluebook Rule 12.9.5 for how to cite a restatement). Each restatement section includes:
- a statement of the principle of law, or the "black letter" rule;
- explanatory comments;
- illustrations of the principle, in the form of hypotheticals; and
- reporter's notes, which provide background information on the development of the rule, including citations to cases which were used in formulating the rule, statutes, treatises, and journal articles.
The appendix volumes of each set contain annotated citations of cases that cite that particular restatement. Appendices for the 2d and 3d series also include cross-references to West Key Numbers and ALR Annotations. Appendices are not cumulative; check the spines for sections and years covered. Appendix volumes are kept up-to-date by a series of pocket parts, supplements, and pamphlets.
Each restatement in the 2d and 3d series has its own index, usually located in the last volume of the set. There is also a comprehensive general index covering only the first restatement series (Restatement of the Law, Permanent General Index KF 395 .A2. Each restatement volume includes a table of contents as well.
DRAFTS AND RELATED SOURCES
The ALI's restatement adoption process generates a series of drafts for each restatement. These may include preliminary drafts, Council drafts, tentative drafts, and proposed final drafts. The library holds selected restatement drafts; consult our online catalog for exact titles and locations.
A number of ALI publications are useful for tracking the progress of the various restatement drafts and revisions. The Annual Reports of the ALI discuss the various projects of the ALI and the progress being made therein. For up-to-date information on the restatements, check the ALI Reporter, a quarterly newsletter that provides the latest information about ALI projects and activities. Both of these publications are available online at the ALI's website, http://www.ali.org/.
* "Black Letter Law" refers to accepted legal principles that are generally known and free from doubt or dispute.
updated 4/2011 kb