How the ALI's Restatement Third of Property is Influencing the Law of Trusts and Estates

Authors

Lawrence W. Waggoner, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

5-2015

Abstract

Restatements, once limited to restating existing law, are now substantially devoted to law reform. The ALI's website states its law-reform policy thus: "The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. A paper in that symposium argued against the ALI's law-reform policy. The authors specifically speculated that the reformist rather than restatist character of the recently completed Restatement (Third) of Property: Wills and Other Donative Transfers (Property Restatement) has "very likely" caused that Restatement to lose influence-be ignored-in the development of the law.

Recommended Citation

Waggoner, Lawrence W. "How the ALI's Restatement Third of Property is Influencing the Law of Trusts and Estates." Brook. L. Rev. 80, no. 3 (2015): 1019-27.