28 June 2023

The American Law Institute A Centennial History

 

Cover for 

The American Law Institute

The American Law Institute

A Centennial History

Andrew S. Gold and Robert W. Gordon

  • Offers a unique collection of essays on the American Law Institute's significance from the vantage point of its centennial, including treatment of both early history and current developments
  • Includes contributions from leading scholars who are experts in their fields (covering a variety of topics including legal history, criminal law, commercial law, and family law)
  • Provides an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States.

Table of Contents

Part I: Founding and Development of the American Law Institute
Chapter 1: The American Law Institute at 100: A Three Decade Personal Reflection, Roberta Ramo
Chapter 2: The Need for Restatement of the Common Law: A Long Look Back, David Seipp
Chapter 3: The Work of The American Law Institute in Historical Context, Kenneth S. Abraham & G. Edward White
Chapter 4: Restating the Law in the Shadow of Codes: The ALI in Its Formative Era, Deborah A. DeMott

Part II: Restatements
Chapter 5: Canon and Fireworks: Reliance in the Restatements of Contracts and Reliance on Them, Richard Brooks
Chapter 6: Conflict of Laws in the ALI's First Century, Symeon C. Symeonides
Chapter 7: The Restatements of Trusts - Revisited, Naomi Cahn, Deborah Gordon, Allison Tait
Chapter 8: Torts in the American Law Institute, John C. P. Goldberg
Chapter 9: The Restatement of Property: The Curse of Incompleteness, Thomas W. Merrill
Chapter 10: The International Law Profile of the ALI, George A. Bermann
Chapter 11: Constructing a Legal Field: The Restatement of the Law Governing Lawyers, W. Bradley Wendel
Chapter 12: A Short History of the Restatement of Restitution and Unjust Enrichment, Emily Sherwin

Part III: Codes
Chapter 13: The Uniform Commercial Code and the Ongoing Quest for an Efficient and Fair Commercial Law, Robert E. Scott
Chapter 14: From Restatement to Model Penal Code: The Progress and Perils of Criminal Law Reform, Kimberly Kessler Ferzan

Part IV: Principles
Chapter 15: Special Interests at the Gate: The ALI Corporate Governance Project, 1978-1992, William W. Bratton
Chapter 16: The ALI Principles of the Law of Family Dissolution: Addressing Family Inequality Through Functional Regulation, Linda C. McClain & Douglas NeJaime
Chapter 17: Aggregationists at the Barricades: Assessing the Impact of the Principles of the Law of Aggregate Litigation, Linda S. Mullenix

Part V: Restatements and Legal Theory
Chapter 18: Restatements and Realists, Robert W. Gordon
Chapter 19: The Restatements as Law, Frederick Schauer
Chapter 20: Restatements and the Common Law, Andrew A. Gold and Henry E. Smith


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