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First Restatement of the Law Records

ALI.04.001

First Restatement of the Law Records

ALI.04.001

First Restatement of the Law Records

ALI.04.001

This is a finding aid. It is a description of archival material held at the University of Pennsylvania. Unless otherwise noted, the materials described below are physically available in our reading room, and not digitally available through the web.

Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
First Restatement of the Law Records
Date [inclusive]:
1923-1965
Call Number:
ALI.04.001
Extent:
41.5 linear feet (About 1500 items)
Language:
English
Abstract:
The American Law Institute (ALI) was founded in 1923 in response to a perceived uncertainty and complexity in American law. Former Penn Law Dean William Draper Lewis was the Institute's first director, running the organization's operations out of his campus office. The ALI was conceived as a representative gathering of the American Bar (including Judges, Lawyers, and Law Professors) for the stated mission "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice and to encourage and carry on scholarly and scientific legal work." The ALI worked on the First Restatement of the Law from 1923-1944. The project attempted to clarify nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Two other subject areas, Business Associations and Sales of Land, were explored but never officially adopted by the ALI. The final draft of the restatement was approved at the ALI Annual meeting in May 1942. The collection, 1923-1959 and undated, includes drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the First Restatement of the Law, which sought to codify and simplify the law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence from and to reporters about the restatements.
Cite as:
[Identification of item], in the First Restatement of the Law Records, ALI.04.001, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
PDF Version:

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Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
Future of the Institute Records
Date [bulk]:
1929-1948
Date [inclusive]:
1929-1968
Call Number:
ALI.04.020
Extent:
1.5 linear feet
Language:
English
Abstract:
Following the publication of the First Restatement of the Law, in 1936 the American Law Institute (ALI) held a series of meetings and published a series of reports that considered what additional areas of the law might be selected for future restatement projects. Work on the project continued into the mid-1940s. Many fields were considered, but only a few were actually selected for inclusion in future restatement projects. The collection, 1929-1968 and undated (bulk: 1929-1948), includes correspondence, reports, memoranda, and other records related to areas of the law up for consideration for future restatement projects, including business associations, industrial relations, and monopolies.
Cite as:
[Identification of item], in the Future of the Institute Records, American Law Institute Archives Collection #20, Biddle Law Library, University of Pennsylvania Law School.
PDF Version:

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Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
Second Restatement of the Law Records
Date [inclusive]:
1947-1990
Call Number:
ALI.04.002
Extent:
30 linear feet
Language:
English
Abstract:
The American Law Institute (ALI) was founded in 1923 in response to a perceived uncertainty and complexity in American law. Former Penn Law Dean William Draper Lewis was the Institute's first director, running the organization's operations out of his campus office. The ALI was conceived as a representative gathering of the American Bar (including Judges, Lawyers, and Law Professors) for the stated mission "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice and to encourage and carry on scholarly and scientific legal work." The Second Restatement of the Law was an update to the American Law Institute's initial project, the First Restatement of the Law. The project secured initial funding through a Mellon grant in 1952 and was completed in 1988. The Second Restatement of the Law attempted to refine the clarification of nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. The ALI added two principal areas to the Second Restatement projects: Foreign Relations Law, and Landlord and Tenant Relations. The collection, 1947-1990 and undated, includes drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the Second Restatement of the Law, which sought to improve upon the codification project first established in the First Restatement of the Law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence to and from reporters about the restatements, comments from ALI members and outside experts, and related material.
Cite as:
[Identification of item], in the Second Restatement of the Law Records, American Law Institute Archives, ALI.04.002, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
PDF Version:

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Biography/History

The First Restatement of the Law was the first project of the American Law Institute (ALI). The ALI worked on the first restatement from 1923 to 1944. The project attempted to clarify nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Two other subject areas, Business Associations and Sales of Land, were explored but never officially adopted by the ALI. The final draft of the restatement was approved at the ALI Annual meeting in May 1942.

Biography/History

Following the publication of the First Restatement of the Law, in 1936 the American Law Institute ( ALI) held a series of meetings and published a series of reports that considered what additional areas of the law might be selected for future restatement projects. Work on the project continued into the mid-1940s. Many fields were considered, but only a few were actually selected for inclusion in future restatement projects.

Biography/History

The Second Restatement of the Law was an update to the American Law Institute's initial project, the First Restatement of the Law. The project secured initial funding through a Mellon grant in 1952 and was completed in 1988. The Second Restatement of the Law attempted to refine the clarification of nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. The ALI added two principal areas to the Second Restatement projects: Foreign Relations Law, and Landlord and Tenant Relations.

Scope and Contents

Scope and Contents

The Future of the Institute Records, 1929-1968 and undated (bulk: 1929-1948), include correspondence, reports, memoranda, and other records related to areas of the law up for consideration for future restatement projects, including business associations, industrial relations, and monopolies.

Scope and Contents

The Second Restatement of Law Records, 1947-1990 and undated, include drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the Second Restatement of the Law, which sought to improve upon the codification project first established in the First Restatement of the Law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property (also known as Landlord and Tenant Law), Restitution, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence to and from reporters about the restatements, comments from ALI members and outside experts, and related material.

Arrangement note

Arrangement
  1. Agency
  2. Business Associations
  3. Conflict of Laws
  4. Contracts
  5. Judgments
  6. Property
  7. Restitution
  8. Sales of Land
  9. Security
  10. Torts
  11. Trusts

Arrangement note

  1. Correspondence
  2. Reports and Related Records
  3. Potential Future Projects
  4. Master Sheets
  5. Anniversary Photocopies

Arrangement note

  1. Agency
  2. Conflict of Laws
  3. Contracts
  4. Foreign Relations
  5. Judgments
  6. Property
  7. Restitution
  8. Torts
  9. Trusts

Administrative Information

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Finding Aid Author

Finding aid prepared by Jordon Steele

Finding Aid Author

Finding aid prepared by Jordon Steele

Finding Aid Author

Finding aid prepared by Jordon Steele

Access Restrictions

None.

Access Restrictions

None.

Access Restrictions

None.

Use Restrictions

The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.

Use Restrictions

The archives reserves the right to restrict access to material of sensitive nature. Please contact the department for further information.

Use Restrictions

The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Processing Information note

Processed by Melissa Backes, 1995-2005.

Reprocessed by Jordon Steele, with assistance from Naureen Hoque and Ryan Gebhardt, December 2006-April 2007.

Encoded by Jordon Steele, May 2008.

Processing Information note

Preliminary container list prepared by Melissa Backes, 1995-2005.

Processed and encoded by Jordon Steele, May 2008.

Processing Information note

Processed by Melissa Backes, 1995-2005.

Reprocessed by Jordon Steele, with assistance from Ryan Gebhardt, April-May 2007.

Encoded by Jordon Steele, May 2008.

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Controlled Access Headings

Subject(s)
  • Agency (Law)
  • Conflict of laws
  • Contracts
  • Contracts for deeds
  • Judgments
  • Property
  • Restitution
  • Torts
  • Trade associations
  • Trusts and trustees

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Controlled Access Headings

Subject(s)
  • Administrative law
  • Agency (Law)
  • Comparative law
  • Criminal Law
  • Domestic relations
  • Equity
  • Gifts--Taxation
  • Income tax
  • Industrial relations
  • Inheritance and transfer tax
  • International trade
  • Judgments
  • Monopolies
  • Property
  • Taxation
  • Torts
  • Trade associations
  • Trusts and trustees

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Controlled Access Headings

Subject(s)
  • Agency (Law)
  • Conflict of laws
  • Contracts
  • Judgments
  • Property
  • Restitution
  • Torts
  • Trusts and trustees
  • United States--Foreign relations--Law and legislation

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Other Finding Aids note

An item-level container list is available offline in spreadsheet form.

Other Finding Aids note

Collection Inventory

Agency, 1926-1941.

Scope and Contents note

Drafts, state annotations, publications, and other materials related to topics including creation of relationship, creation and interpretation of authority and apparent authority, interpretation of particular authorization, ratification, termination, liability of principal to third persons, contracts and conveyances, liability of principal to third person regarding torts and notice through agent, liability of agent to third person, liability of third person to agent, duties and liabilities of agent to principal, and duties and liabilities of principal to agent. Reporters who worked on this subject included Floyd Mecham, and William Draper Lewis. Herbert Goodrich served as adviser to the committee.

Box
1
2
3
Folder
1-25
1-20
1-4

Business Associations, 1924-1953.

Scope and Contents note

Drafts, research questions, correspondence, publications, and other records related to this project, which began as a codification effort but was discontinued by the project's reporter, William Draper Lewis, due to Lewis' workload involving other projects. The ALI returned to the subject of business associations in the 1980s with the Principles Corporate Governance project.

Related Archival Materials note

See Principals of Corporate Governance Records, ALI.024.

Box
3
4
Folder
5-63
1-28

Conflict of Laws, 1924-1947.

Scope and Contents note

Drafts, state annotations, and publications, and other materials related to topics including domicile, jurisdiction in general, jurisdiction of courts, status, corporations, property, contracts, wrongs, obligation of judgment and other imposed duties, administration of estates, and procedure. Reporters and other participants for this subject included Joseph Beale, Herbert Goodrich, and Fowler Harper. Victor Morawetz and Goodrich drafted material related to Chapter 11 Administration. Beale and James Byrne provided revisions and explanatory notes to the subject.

Box
4
5
6
7
8
Folder
29-43
1-36
1-34
1-23
1-8

Contracts, 1924-1947.

Scope and Contents note

Drafts, state annotations, student editions, and publications related to topics including formation of contracts, formation of informal contracts, informal contracts without assent or consideration, contracts under seal, duties and rights where more persons than one are promisers or promisees of the same performance, contractual rights of persons not parties to the contract, assignment of rights and delegation of duties or conditions, the statute of frauds, breach of promise as an excuse for failure to perform a return promise, breach of contract, judicial remedies for breach of contract, discharge of contracts, impossibility, fraud and misrepresentation, duress and undue influence, mistake, and illegal bargains. Reporters and other participants for this subject include Samuel Williston, Herman Oliphant, Victor Morawetz, and Arthur Corbin.

Box
8
9
10
11
Folder
13-44
1-25
1-26
1-19

Judgments, 1940-1957.

Scope and Contents note

Conference meeting minutes, drafts, state annotations, student editions, annotators' editions, and correspondence related to topics including validity of judgment, former adjudication, effect of judgment with reference to persons, and equitable relief. Reporters for this subject include Austin W. Scott, Warren A. Seavey.

Box
11
12
13
14
Folder
20-23
1-19
1-26
1-2

Property, 1926-1958.

Scope and Contents note

Meeting minutes, drafts, memoranda, state annotations, annotators' editions, correspondence, publications, and other material related to topics including freehold estates, future interests, and servitudes. Reporters and other participants for this subject include Harry A. Bigelow, Richard R. Powell, W. Barton Leach, A. James Casner, Oliver S. Rundell, Henry Upson Sims, Julian S. Bush, Everett Fraser, Sam Miller, Mary Eschweiler, David K. Kadane, Donald L. McCaskey, Joseph B. Robinson, Sylvia Livingston, Helen S. Chait, Charles E. Clark, Ralph W. Aigler, and Roland R. Foulke.

Box
14
15
16
17
18
19
20
21-25
42
Folder
3-26
1-33
1-27
1-31
1-34
1-37
1-33
14

Restitution, 1933-1953.

Scope and Contents note

Meeting minutes, drafts, state annotations, annotators' editions, and publications related to topics including quasi contractual and kindred equitable relief, and constructive trusts and analogous equitable remedies. Reporters for this subject include Warren A. Seavey, William E. McCurdy, and Austin W. Scott.

Box
25
26
27
Folder
28-35
1-23
1-24

Sales of Land, 1935.

Scope and Contents note

Tentative Draft for this short-lived Restatement project, which considered topics including requirements for an enforceable contract for the sale of land and contractual obligations of vendor and purchaser under a land contract. The reporter for the project was Samuel Williston. The project was discontinued in 1936, partly over a lack of funding due to the Depression.

Box
27
Folder
25

Security, 1936-1965.

Scope and Contents note

Meeting minutes, drafts, comments, state annotations, annotators' editions, correspondence, and publications related to topics including personal property as security, liens, suretyship, and courtesyship. Reporters and other participants for this subject include John Hanna, Louis B. Ewbank, Rollin M. Perkins, and Gerhart Husserl.

Box
28
29
30
42
Folder
1-29
1-29
1-20
20

Torts, 1923-1959.

Scope and Contents note

Meeting minutes, drafts, state annotations, annotators' editions, student editions, and related records regarding topics including intentional harms to persons, land, and chattels; negligence; absolute liability; deceit; defamation; disparagement; unjustifiable litigation; interference in domestic relations; interference with business relations; invasions of interests in land other than by trespass; miscellaneous rules; defenses applicable to all tort claims; and remedies. Reporters and other participants for this subject include Francis H. Bohlen, Edward S. Thurston, Oliver W. Branch, Fowler V. Harper, Harry Shulman, Everett Fraser, Edgar N. Durfee, Warren A. Seavey, Lawrence H. Eldredge, and Maurice T. Van Hecke.

Box
30
31
32
33
34
35
36
37
38
Folder
21-49
1-28
1-36
1-36
1-32
1-7
1-24
1-32
1-2

Trusts, 1928-1953.

Box
38
39
40
41
42
Folder
3-36
1-27
1-22
1-24
1-12

Collection Inventory

Correspondence, 1928-1948.

Scope and Contents note

Correspondence with the Carnegie Corporation (which funded ALI projects), William Draper Lewis, Warren A. Seavey, and the committee for the Future of the Institute project.

Box
1
Folder
1-23

Reports and Related Records, 1924-1947.

Scope and Contents note

Reports, correspondence, and other records related to future projects under consideration by the ALI, and submitted to the Carnegie Corporation (which funded ALI projects), the ALI Council, and the ALI Executive Committee.

Box
1
Folder
24-45

Potential Future Projects, 1933-1944 and undated.

Scope and Contents note

Correspondence, reports, memoranda, and other records related to the areas of the law considered by the ALI for future restatement projects.

Box Folder

Administrative Law, 1938-1941. About 50 items.

1 46

Agency, 1929.

1 47

Business Associations, 1929-1941 and undated. About 25 items.

2 1-6

Comparative Law, 1941. About 5 items.

2 7

"The Completion of the Restatement", 1929.

2 8

Criminal Justice, 1941. About 10 items.

2 9

Declaratory Judgments, 1942. 1 item.

2 10

Domestic Relations, 1942. 1 item.

2 11

Equity, undated. 1 item.

2 12

Industrial Relations, 1938-1944. About 125 items.

2 13-20

Interstate and International Trade Law, 1941-1942. About 10 items.

2 21

Model National Laws, 1941. 5 items.

2 22

Monopoly, 1939-1944. About 250 items.

2 23-30

Partnership Act, 1942. About 3 items.

2 31

Persons, 1929.

2 32

Property, 1939-1940. About 10 items.

2 33-35

Security and Cooperative Effort, 1935. About 5 items.

2 36

Taxation, 1936-1941. About 20 items.

2 37

Torts, 1929.

2 38

Translation into Spanish and Portuguese, 1942. 1 item.

2 39

Trusts, 1940-1941. About 20 items.

2 40

Master Sheets, 1936-1938. 5 items.

Scope and Contents note

The documents in this series provide contextual information about the Future of the Institute project.

Box
2
Folder
42

Anniversary Photocopies, 1968.

Scope and Contents note

Photocopies of documents from the Future of the Institute project, made in 1968 for the ALI's 50th Anniversary publication.

Box
2
Folder
41

Collection Inventory

Agency, 1952-1974.

Scope and Contents note

Meeting minutes, drafts, state annotations, student editions, correspondence, publications, and other material related to topics including creation of relation, creation and interpretation of authority and apparent authority, ratification, termination of agency powers, liability of principal to third persons regarding contracts and conveyances and torts, admissibility of evidence of statements of agents, liability of third person to principal, liability of agent to third person, liability of third person to agent, duties and liabilities of agent to principal, and duties and liabilities of principal to agent. Reporters who worked on this subject included Warren A. Seavey. The final version of this restatement was adopted on May 23, 1957.

Box
1
2
30
Folder
1-24
1-18
13-20

Conflict of Laws, 1952-1988.

Scope and Contents note

Meeting minutes, drafts, comments, student editions, correspondence, and other material related to topics including domicil, judicial jurisdictions, limitations on the exercise of judicial jurisdiction, judgments, procedure, wrongs, contracts, property, trusts, status, agency and partnerships, business corporations, and administration of estates. Reporters who worked on this subject included Willis L.M. Reese and Austin W. Scott. The final version of this restatement was adopted on May 23, 1969.

Box
2
3
4
5
6
7
Folder
19-42
1-23
1-27
1-19
1-27
1-10

Contracts, 1959-1981.

Scope and Contents note

Meeting minutes, drafts, comments, correspondence, and other material related to topics including formation of contracts ( parties and capacity), formation of contracts ( mutual assent); formation of contracts ( consideration); the statute of frauds; mistake, misrepresentation, duress, and undue influence; unenforceability on grounds of public policy; the scope of contractual obligations; performance and non-performance; impracticability of performance and frustration of purpose; joint and several promisors and promisees; contract beneficiaries, assignment and delegation; and remedies. Reporters and other participants who worked on this subject included Herbert F. Goodrich, Robert Braucher, Paul A. Wolkin, E. Allan Farnsworth, and Arthur Corbin. The final version of this restatement was adopted on May 17, 1979.

Box
7
8
9
10
Folder
11-28
1-22
1-20
1-12

Foreign Relations, 1947-1969.

Scope and Contents note

Meeting records, drafts, subject files, correspondence, publications, and other records related to topics including jurisdiction, recognition, international agreements, and responsibilities of states for injuries to aliens. Reporters and other participants who worked on this subject included I.N.P. Stokes, Arnold D. McNair, Benjamin Kaplan, and David J. Shapiro, Covey T. Oliver, and Adrian S. Fisher. The final version of this restatement was adopted on May 26, 1962, with revisions accepted in 1964 and 1965.

Box
10
11
12
13
14
15
16
17
18
Folder
13-27
1-26
1-16
1-27
1-27
1-26
1-20
1-26
1-17

Judgments, 1968-1980.

Scope and Contents note

Meeting records, drafts, correspondence, and other records related to topics including validity of judgments, former adjudication, the effects of a judicial judgement, parties and other persons affected by judgments, relief from a judgment, and special problems deriving from nature of forum rendering judgment. Reporters and other participants who worked on this subject included Geoffrey C. Hazard, Benjamin Kaplan, and David L. Shapiro. The final version of this restatement was adopted on June 12, 1980.

Box
18
19
Folder
18-28
1-25

Property, 1969-1990.

Scope and Contents note

Drafts, commentaries, student editions, and other records related to topics including social restrictions of donative transfers, direct restraints on alienation in donative transfers, provisions in restraint of personal conduct, restraints on interference with transferor's dispositive plan, and landlord and tenant relations. Participants who worked on this subject included Richard V. Wellman. The final version of this restatement was adopted on May 19, 1981.

Box
20
21
22
23
24
30
Folder
1-17
1-17
1-18
1-18
1-14
26-27

Restitution, 1981-1987.

Scope and Contents note

Drafts, commentaries, and other records related to topics including remedies, constructive trust, and equitable liens, subrogation. The reporter for this project was William F. Young.

Box
24
Folder
15-31

Torts, 1955-1978.

Scope and Contents note

Meeting records, drafts, student editions, correspondence, and other records related to topics including intentional harms to persons, land, and chattels; negligence; strict liability; misrepresentation; defamation; injurious falsehood; privacy; unjustifiable litigation; interference in domestic relations; interference with advantageous economic relations; invasions of interests in land other than by trespass; defenses applicable to all tort claims; and remedies. Reporters and participants who worked on this subject included William L. Prosser, John W. Wade, and Michael I. Sovern.

Box
25
26
27
28
29
30
Folder
1-15
1-26
1-32
1-30
1-7
24-25

Trusts, 1953-1971.

Scope and Contents note

Meeting records, drafts, state annotations, correspondence, and other material related to topics including the creation of a trust, the trust property, the trustee, the beneficiary, transfer of interest of the beneficiary, administration of the trust, liabilities to third persons, liabilities of third persons, termination and modification of the trust, charitable trusts, and resulting trusts. Reporters and participants who worked on this subject included Austin W. Scott and Herbert F. Goodrich. The final version of this restatement was adopted on May 23, 1957.

Box
29
30
Folder
8-28
1-12

First Restatement of the Law Records

ALI.04.001

First Restatement of the Law Records

ALI.04.001

First Restatement of the Law Records

ALI.04.001

This is a finding aid. It is a description of archival material held at the University of Pennsylvania. Unless otherwise noted, the materials described below are physically available in our reading room, and not digitally available through the web.

Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
First Restatement of the Law Records
Date [inclusive]:
1923-1965
Call Number:
ALI.04.001
Extent:
41.5 linear feet (About 1500 items)
Language:
English
Abstract:
The American Law Institute (ALI) was founded in 1923 in response to a perceived uncertainty and complexity in American law. Former Penn Law Dean William Draper Lewis was the Institute's first director, running the organization's operations out of his campus office. The ALI was conceived as a representative gathering of the American Bar (including Judges, Lawyers, and Law Professors) for the stated mission "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice and to encourage and carry on scholarly and scientific legal work." The ALI worked on the First Restatement of the Law from 1923-1944. The project attempted to clarify nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Two other subject areas, Business Associations and Sales of Land, were explored but never officially adopted by the ALI. The final draft of the restatement was approved at the ALI Annual meeting in May 1942. The collection, 1923-1959 and undated, includes drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the First Restatement of the Law, which sought to codify and simplify the law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence from and to reporters about the restatements.
Cite as:
[Identification of item], in the First Restatement of the Law Records, ALI.04.001, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
PDF Version:

Return to Top »

Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
Future of the Institute Records
Date [bulk]:
1929-1948
Date [inclusive]:
1929-1968
Call Number:
ALI.04.020
Extent:
1.5 linear feet
Language:
English
Abstract:
Following the publication of the First Restatement of the Law, in 1936 the American Law Institute (ALI) held a series of meetings and published a series of reports that considered what additional areas of the law might be selected for future restatement projects. Work on the project continued into the mid-1940s. Many fields were considered, but only a few were actually selected for inclusion in future restatement projects. The collection, 1929-1968 and undated (bulk: 1929-1948), includes correspondence, reports, memoranda, and other records related to areas of the law up for consideration for future restatement projects, including business associations, industrial relations, and monopolies.
Cite as:
[Identification of item], in the Future of the Institute Records, American Law Institute Archives Collection #20, Biddle Law Library, University of Pennsylvania Law School.
PDF Version:

Return to Top »

Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
Second Restatement of the Law Records
Date [inclusive]:
1947-1990
Call Number:
ALI.04.002
Extent:
30 linear feet
Language:
English
Abstract:
The American Law Institute (ALI) was founded in 1923 in response to a perceived uncertainty and complexity in American law. Former Penn Law Dean William Draper Lewis was the Institute's first director, running the organization's operations out of his campus office. The ALI was conceived as a representative gathering of the American Bar (including Judges, Lawyers, and Law Professors) for the stated mission "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice and to encourage and carry on scholarly and scientific legal work." The Second Restatement of the Law was an update to the American Law Institute's initial project, the First Restatement of the Law. The project secured initial funding through a Mellon grant in 1952 and was completed in 1988. The Second Restatement of the Law attempted to refine the clarification of nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. The ALI added two principal areas to the Second Restatement projects: Foreign Relations Law, and Landlord and Tenant Relations. The collection, 1947-1990 and undated, includes drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the Second Restatement of the Law, which sought to improve upon the codification project first established in the First Restatement of the Law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence to and from reporters about the restatements, comments from ALI members and outside experts, and related material.
Cite as:
[Identification of item], in the Second Restatement of the Law Records, American Law Institute Archives, ALI.04.002, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
PDF Version:

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Biography/History

The First Restatement of the Law was the first project of the American Law Institute (ALI). The ALI worked on the first restatement from 1923 to 1944. The project attempted to clarify nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Two other subject areas, Business Associations and Sales of Land, were explored but never officially adopted by the ALI. The final draft of the restatement was approved at the ALI Annual meeting in May 1942.

Biography/History

Following the publication of the First Restatement of the Law, in 1936 the American Law Institute ( ALI) held a series of meetings and published a series of reports that considered what additional areas of the law might be selected for future restatement projects. Work on the project continued into the mid-1940s. Many fields were considered, but only a few were actually selected for inclusion in future restatement projects.

Biography/History

The Second Restatement of the Law was an update to the American Law Institute's initial project, the First Restatement of the Law. The project secured initial funding through a Mellon grant in 1952 and was completed in 1988. The Second Restatement of the Law attempted to refine the clarification of nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. The ALI added two principal areas to the Second Restatement projects: Foreign Relations Law, and Landlord and Tenant Relations.

Scope and Contents

Scope and Contents

The Future of the Institute Records, 1929-1968 and undated (bulk: 1929-1948), include correspondence, reports, memoranda, and other records related to areas of the law up for consideration for future restatement projects, including business associations, industrial relations, and monopolies.

Scope and Contents

The Second Restatement of Law Records, 1947-1990 and undated, include drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the Second Restatement of the Law, which sought to improve upon the codification project first established in the First Restatement of the Law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property (also known as Landlord and Tenant Law), Restitution, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence to and from reporters about the restatements, comments from ALI members and outside experts, and related material.

Arrangement note

Arrangement
  1. Agency
  2. Business Associations
  3. Conflict of Laws
  4. Contracts
  5. Judgments
  6. Property
  7. Restitution
  8. Sales of Land
  9. Security
  10. Torts
  11. Trusts

Arrangement note

  1. Correspondence
  2. Reports and Related Records
  3. Potential Future Projects
  4. Master Sheets
  5. Anniversary Photocopies

Arrangement note

  1. Agency
  2. Conflict of Laws
  3. Contracts
  4. Foreign Relations
  5. Judgments
  6. Property
  7. Restitution
  8. Torts
  9. Trusts

Administrative Information

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Finding Aid Author

Finding aid prepared by Jordon Steele

Finding Aid Author

Finding aid prepared by Jordon Steele

Finding Aid Author

Finding aid prepared by Jordon Steele

Access Restrictions

None.

Access Restrictions

None.

Access Restrictions

None.

Use Restrictions

The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.

Use Restrictions

The archives reserves the right to restrict access to material of sensitive nature. Please contact the department for further information.

Use Restrictions

The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Processing Information note

Processed by Melissa Backes, 1995-2005.

Reprocessed by Jordon Steele, with assistance from Naureen Hoque and Ryan Gebhardt, December 2006-April 2007.

Encoded by Jordon Steele, May 2008.

Processing Information note

Preliminary container list prepared by Melissa Backes, 1995-2005.

Processed and encoded by Jordon Steele, May 2008.

Processing Information note

Processed by Melissa Backes, 1995-2005.

Reprocessed by Jordon Steele, with assistance from Ryan Gebhardt, April-May 2007.

Encoded by Jordon Steele, May 2008.

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Controlled Access Headings

Subject(s)
  • Agency (Law)
  • Conflict of laws
  • Contracts
  • Contracts for deeds
  • Judgments
  • Property
  • Restitution
  • Torts
  • Trade associations
  • Trusts and trustees

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Controlled Access Headings

Subject(s)
  • Administrative law
  • Agency (Law)
  • Comparative law
  • Criminal Law
  • Domestic relations
  • Equity
  • Gifts--Taxation
  • Income tax
  • Industrial relations
  • Inheritance and transfer tax
  • International trade
  • Judgments
  • Monopolies
  • Property
  • Taxation
  • Torts
  • Trade associations
  • Trusts and trustees

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Controlled Access Headings

Subject(s)
  • Agency (Law)
  • Conflict of laws
  • Contracts
  • Judgments
  • Property
  • Restitution
  • Torts
  • Trusts and trustees
  • United States--Foreign relations--Law and legislation

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Other Finding Aids note

An item-level container list is available offline in spreadsheet form.

Other Finding Aids note

Collection Inventory

Agency, 1926-1941.

Scope and Contents note

Drafts, state annotations, publications, and other materials related to topics including creation of relationship, creation and interpretation of authority and apparent authority, interpretation of particular authorization, ratification, termination, liability of principal to third persons, contracts and conveyances, liability of principal to third person regarding torts and notice through agent, liability of agent to third person, liability of third person to agent, duties and liabilities of agent to principal, and duties and liabilities of principal to agent. Reporters who worked on this subject included Floyd Mecham, and William Draper Lewis. Herbert Goodrich served as adviser to the committee.

Box
1
2
3
Folder
1-25
1-20
1-4

Business Associations, 1924-1953.

Scope and Contents note

Drafts, research questions, correspondence, publications, and other records related to this project, which began as a codification effort but was discontinued by the project's reporter, William Draper Lewis, due to Lewis' workload involving other projects. The ALI returned to the subject of business associations in the 1980s with the Principles Corporate Governance project.

Related Archival Materials note

See Principals of Corporate Governance Records, ALI.024.

Box
3
4
Folder
5-63
1-28

Conflict of Laws, 1924-1947.

Scope and Contents note

Drafts, state annotations, and publications, and other materials related to topics including domicile, jurisdiction in general, jurisdiction of courts, status, corporations, property, contracts, wrongs, obligation of judgment and other imposed duties, administration of estates, and procedure. Reporters and other participants for this subject included Joseph Beale, Herbert Goodrich, and Fowler Harper. Victor Morawetz and Goodrich drafted material related to Chapter 11 Administration. Beale and James Byrne provided revisions and explanatory notes to the subject.

Box
4
5
6
7
8
Folder
29-43
1-36
1-34
1-23
1-8

Contracts, 1924-1947.

Scope and Contents note

Drafts, state annotations, student editions, and publications related to topics including formation of contracts, formation of informal contracts, informal contracts without assent or consideration, contracts under seal, duties and rights where more persons than one are promisers or promisees of the same performance, contractual rights of persons not parties to the contract, assignment of rights and delegation of duties or conditions, the statute of frauds, breach of promise as an excuse for failure to perform a return promise, breach of contract, judicial remedies for breach of contract, discharge of contracts, impossibility, fraud and misrepresentation, duress and undue influence, mistake, and illegal bargains. Reporters and other participants for this subject include Samuel Williston, Herman Oliphant, Victor Morawetz, and Arthur Corbin.

Box
8
9
10
11
Folder
13-44
1-25
1-26
1-19

Judgments, 1940-1957.

Scope and Contents note

Conference meeting minutes, drafts, state annotations, student editions, annotators' editions, and correspondence related to topics including validity of judgment, former adjudication, effect of judgment with reference to persons, and equitable relief. Reporters for this subject include Austin W. Scott, Warren A. Seavey.

Box
11
12
13
14
Folder
20-23
1-19
1-26
1-2

Property, 1926-1958.

Scope and Contents note

Meeting minutes, drafts, memoranda, state annotations, annotators' editions, correspondence, publications, and other material related to topics including freehold estates, future interests, and servitudes. Reporters and other participants for this subject include Harry A. Bigelow, Richard R. Powell, W. Barton Leach, A. James Casner, Oliver S. Rundell, Henry Upson Sims, Julian S. Bush, Everett Fraser, Sam Miller, Mary Eschweiler, David K. Kadane, Donald L. McCaskey, Joseph B. Robinson, Sylvia Livingston, Helen S. Chait, Charles E. Clark, Ralph W. Aigler, and Roland R. Foulke.

Box
14
15
16
17
18
19
20
21-25
42
Folder
3-26
1-33
1-27
1-31
1-34
1-37
1-33
14

Restitution, 1933-1953.

Scope and Contents note

Meeting minutes, drafts, state annotations, annotators' editions, and publications related to topics including quasi contractual and kindred equitable relief, and constructive trusts and analogous equitable remedies. Reporters for this subject include Warren A. Seavey, William E. McCurdy, and Austin W. Scott.

Box
25
26
27
Folder
28-35
1-23
1-24

Sales of Land, 1935.

Scope and Contents note

Tentative Draft for this short-lived Restatement project, which considered topics including requirements for an enforceable contract for the sale of land and contractual obligations of vendor and purchaser under a land contract. The reporter for the project was Samuel Williston. The project was discontinued in 1936, partly over a lack of funding due to the Depression.

Box
27
Folder
25

Security, 1936-1965.

Scope and Contents note

Meeting minutes, drafts, comments, state annotations, annotators' editions, correspondence, and publications related to topics including personal property as security, liens, suretyship, and courtesyship. Reporters and other participants for this subject include John Hanna, Louis B. Ewbank, Rollin M. Perkins, and Gerhart Husserl.

Box
28
29
30
42
Folder
1-29
1-29
1-20
20

Torts, 1923-1959.

Scope and Contents note

Meeting minutes, drafts, state annotations, annotators' editions, student editions, and related records regarding topics including intentional harms to persons, land, and chattels; negligence; absolute liability; deceit; defamation; disparagement; unjustifiable litigation; interference in domestic relations; interference with business relations; invasions of interests in land other than by trespass; miscellaneous rules; defenses applicable to all tort claims; and remedies. Reporters and other participants for this subject include Francis H. Bohlen, Edward S. Thurston, Oliver W. Branch, Fowler V. Harper, Harry Shulman, Everett Fraser, Edgar N. Durfee, Warren A. Seavey, Lawrence H. Eldredge, and Maurice T. Van Hecke.

Box
30
31
32
33
34
35
36
37
38
Folder
21-49
1-28
1-36
1-36
1-32
1-7
1-24
1-32
1-2

Trusts, 1928-1953.

Box
38
39
40
41
42
Folder
3-36
1-27
1-22
1-24
1-12

Collection Inventory

Correspondence, 1928-1948.

Scope and Contents note

Correspondence with the Carnegie Corporation (which funded ALI projects), William Draper Lewis, Warren A. Seavey, and the committee for the Future of the Institute project.

Box
1
Folder
1-23

Reports and Related Records, 1924-1947.

Scope and Contents note

Reports, correspondence, and other records related to future projects under consideration by the ALI, and submitted to the Carnegie Corporation (which funded ALI projects), the ALI Council, and the ALI Executive Committee.

Box
1
Folder
24-45

Potential Future Projects, 1933-1944 and undated.

Scope and Contents note

Correspondence, reports, memoranda, and other records related to the areas of the law considered by the ALI for future restatement projects.

Box Folder

Administrative Law, 1938-1941. About 50 items.

1 46

Agency, 1929.

1 47

Business Associations, 1929-1941 and undated. About 25 items.

2 1-6

Comparative Law, 1941. About 5 items.

2 7

"The Completion of the Restatement", 1929.

2 8

Criminal Justice, 1941. About 10 items.

2 9

Declaratory Judgments, 1942. 1 item.

2 10

Domestic Relations, 1942. 1 item.

2 11

Equity, undated. 1 item.

2 12

Industrial Relations, 1938-1944. About 125 items.

2 13-20

Interstate and International Trade Law, 1941-1942. About 10 items.

2 21

Model National Laws, 1941. 5 items.

2 22

Monopoly, 1939-1944. About 250 items.

2 23-30

Partnership Act, 1942. About 3 items.

2 31

Persons, 1929.

2 32

Property, 1939-1940. About 10 items.

2 33-35

Security and Cooperative Effort, 1935. About 5 items.

2 36

Taxation, 1936-1941. About 20 items.

2 37

Torts, 1929.

2 38

Translation into Spanish and Portuguese, 1942. 1 item.

2 39

Trusts, 1940-1941. About 20 items.

2 40

Master Sheets, 1936-1938. 5 items.

Scope and Contents note

The documents in this series provide contextual information about the Future of the Institute project.

Box
2
Folder
42

Anniversary Photocopies, 1968.

Scope and Contents note

Photocopies of documents from the Future of the Institute project, made in 1968 for the ALI's 50th Anniversary publication.

Box
2
Folder
41

Collection Inventory

Agency, 1952-1974.

Scope and Contents note

Meeting minutes, drafts, state annotations, student editions, correspondence, publications, and other material related to topics including creation of relation, creation and interpretation of authority and apparent authority, ratification, termination of agency powers, liability of principal to third persons regarding contracts and conveyances and torts, admissibility of evidence of statements of agents, liability of third person to principal, liability of agent to third person, liability of third person to agent, duties and liabilities of agent to principal, and duties and liabilities of principal to agent. Reporters who worked on this subject included Warren A. Seavey. The final version of this restatement was adopted on May 23, 1957.

Box
1
2
30
Folder
1-24
1-18
13-20

Conflict of Laws, 1952-1988.

Scope and Contents note

Meeting minutes, drafts, comments, student editions, correspondence, and other material related to topics including domicil, judicial jurisdictions, limitations on the exercise of judicial jurisdiction, judgments, procedure, wrongs, contracts, property, trusts, status, agency and partnerships, business corporations, and administration of estates. Reporters who worked on this subject included Willis L.M. Reese and Austin W. Scott. The final version of this restatement was adopted on May 23, 1969.

Box
2
3
4
5
6
7
Folder
19-42
1-23
1-27
1-19
1-27
1-10

Contracts, 1959-1981.

Scope and Contents note

Meeting minutes, drafts, comments, correspondence, and other material related to topics including formation of contracts ( parties and capacity), formation of contracts ( mutual assent); formation of contracts ( consideration); the statute of frauds; mistake, misrepresentation, duress, and undue influence; unenforceability on grounds of public policy; the scope of contractual obligations; performance and non-performance; impracticability of performance and frustration of purpose; joint and several promisors and promisees; contract beneficiaries, assignment and delegation; and remedies. Reporters and other participants who worked on this subject included Herbert F. Goodrich, Robert Braucher, Paul A. Wolkin, E. Allan Farnsworth, and Arthur Corbin. The final version of this restatement was adopted on May 17, 1979.

Box
7
8
9
10
Folder
11-28
1-22
1-20
1-12

Foreign Relations, 1947-1969.

Scope and Contents note

Meeting records, drafts, subject files, correspondence, publications, and other records related to topics including jurisdiction, recognition, international agreements, and responsibilities of states for injuries to aliens. Reporters and other participants who worked on this subject included I.N.P. Stokes, Arnold D. McNair, Benjamin Kaplan, and David J. Shapiro, Covey T. Oliver, and Adrian S. Fisher. The final version of this restatement was adopted on May 26, 1962, with revisions accepted in 1964 and 1965.

Box
10
11
12
13
14
15
16
17
18
Folder
13-27
1-26
1-16
1-27
1-27
1-26
1-20
1-26
1-17

Judgments, 1968-1980.

Scope and Contents note

Meeting records, drafts, correspondence, and other records related to topics including validity of judgments, former adjudication, the effects of a judicial judgement, parties and other persons affected by judgments, relief from a judgment, and special problems deriving from nature of forum rendering judgment. Reporters and other participants who worked on this subject included Geoffrey C. Hazard, Benjamin Kaplan, and David L. Shapiro. The final version of this restatement was adopted on June 12, 1980.

Box
18
19
Folder
18-28
1-25

Property, 1969-1990.

Scope and Contents note

Drafts, commentaries, student editions, and other records related to topics including social restrictions of donative transfers, direct restraints on alienation in donative transfers, provisions in restraint of personal conduct, restraints on interference with transferor's dispositive plan, and landlord and tenant relations. Participants who worked on this subject included Richard V. Wellman. The final version of this restatement was adopted on May 19, 1981.

Box
20
21
22
23
24
30
Folder
1-17
1-17
1-18
1-18
1-14
26-27

Restitution, 1981-1987.

Scope and Contents note

Drafts, commentaries, and other records related to topics including remedies, constructive trust, and equitable liens, subrogation. The reporter for this project was William F. Young.

Box
24
Folder
15-31

Torts, 1955-1978.

Scope and Contents note

Meeting records, drafts, student editions, correspondence, and other records related to topics including intentional harms to persons, land, and chattels; negligence; strict liability; misrepresentation; defamation; injurious falsehood; privacy; unjustifiable litigation; interference in domestic relations; interference with advantageous economic relations; invasions of interests in land other than by trespass; defenses applicable to all tort claims; and remedies. Reporters and participants who worked on this subject included William L. Prosser, John W. Wade, and Michael I. Sovern.

Box
25
26
27
28
29
30
Folder
1-15
1-26
1-32
1-30
1-7
24-25

Trusts, 1953-1971.

Scope and Contents note

Meeting records, drafts, state annotations, correspondence, and other material related to topics including the creation of a trust, the trust property, the trustee, the beneficiary, transfer of interest of the beneficiary, administration of the trust, liabilities to third persons, liabilities of third persons, termination and modification of the trust, charitable trusts, and resulting trusts. Reporters and participants who worked on this subject included Austin W. Scott and Herbert F. Goodrich. The final version of this restatement was adopted on May 23, 1957.

Box
29
30
Folder
8-28
1-12

First Restatement of the Law Records

ALI.04.001

First Restatement of the Law Records

ALI.04.001

First Restatement of the Law Records

ALI.04.001

This is a finding aid. It is a description of archival material held at the University of Pennsylvania. Unless otherwise noted, the materials described below are physically available in our reading room, and not digitally available through the web.

Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
First Restatement of the Law Records
Date [inclusive]:
1923-1965
Call Number:
ALI.04.001
Extent:
41.5 linear feet (About 1500 items)
Language:
English
Abstract:
The American Law Institute (ALI) was founded in 1923 in response to a perceived uncertainty and complexity in American law. Former Penn Law Dean William Draper Lewis was the Institute's first director, running the organization's operations out of his campus office. The ALI was conceived as a representative gathering of the American Bar (including Judges, Lawyers, and Law Professors) for the stated mission "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice and to encourage and carry on scholarly and scientific legal work." The ALI worked on the First Restatement of the Law from 1923-1944. The project attempted to clarify nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Two other subject areas, Business Associations and Sales of Land, were explored but never officially adopted by the ALI. The final draft of the restatement was approved at the ALI Annual meeting in May 1942. The collection, 1923-1959 and undated, includes drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the First Restatement of the Law, which sought to codify and simplify the law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence from and to reporters about the restatements.
Cite as:
[Identification of item], in the First Restatement of the Law Records, ALI.04.001, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
PDF Version:

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Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
Future of the Institute Records
Date [bulk]:
1929-1948
Date [inclusive]:
1929-1968
Call Number:
ALI.04.020
Extent:
1.5 linear feet
Language:
English
Abstract:
Following the publication of the First Restatement of the Law, in 1936 the American Law Institute (ALI) held a series of meetings and published a series of reports that considered what additional areas of the law might be selected for future restatement projects. Work on the project continued into the mid-1940s. Many fields were considered, but only a few were actually selected for inclusion in future restatement projects. The collection, 1929-1968 and undated (bulk: 1929-1948), includes correspondence, reports, memoranda, and other records related to areas of the law up for consideration for future restatement projects, including business associations, industrial relations, and monopolies.
Cite as:
[Identification of item], in the Future of the Institute Records, American Law Institute Archives Collection #20, Biddle Law Library, University of Pennsylvania Law School.
PDF Version:

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Summary Information

Repository:
University of Pennsylvania: Biddle Law Library: American Law Institute Archives
Creator:
American Law Institute
Title:
Second Restatement of the Law Records
Date [inclusive]:
1947-1990
Call Number:
ALI.04.002
Extent:
30 linear feet
Language:
English
Abstract:
The American Law Institute (ALI) was founded in 1923 in response to a perceived uncertainty and complexity in American law. Former Penn Law Dean William Draper Lewis was the Institute's first director, running the organization's operations out of his campus office. The ALI was conceived as a representative gathering of the American Bar (including Judges, Lawyers, and Law Professors) for the stated mission "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice and to encourage and carry on scholarly and scientific legal work." The Second Restatement of the Law was an update to the American Law Institute's initial project, the First Restatement of the Law. The project secured initial funding through a Mellon grant in 1952 and was completed in 1988. The Second Restatement of the Law attempted to refine the clarification of nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. The ALI added two principal areas to the Second Restatement projects: Foreign Relations Law, and Landlord and Tenant Relations. The collection, 1947-1990 and undated, includes drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the Second Restatement of the Law, which sought to improve upon the codification project first established in the First Restatement of the Law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence to and from reporters about the restatements, comments from ALI members and outside experts, and related material.
Cite as:
[Identification of item], in the Second Restatement of the Law Records, American Law Institute Archives, ALI.04.002, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
PDF Version:

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Biography/History

The First Restatement of the Law was the first project of the American Law Institute (ALI). The ALI worked on the first restatement from 1923 to 1944. The project attempted to clarify nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Judgments, Property, Restitution, Security, Torts, and Trusts. Two other subject areas, Business Associations and Sales of Land, were explored but never officially adopted by the ALI. The final draft of the restatement was approved at the ALI Annual meeting in May 1942.

Biography/History

Following the publication of the First Restatement of the Law, in 1936 the American Law Institute ( ALI) held a series of meetings and published a series of reports that considered what additional areas of the law might be selected for future restatement projects. Work on the project continued into the mid-1940s. Many fields were considered, but only a few were actually selected for inclusion in future restatement projects.

Biography/History

The Second Restatement of the Law was an update to the American Law Institute's initial project, the First Restatement of the Law. The project secured initial funding through a Mellon grant in 1952 and was completed in 1988. The Second Restatement of the Law attempted to refine the clarification of nine broad subject areas of law: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property, Restitution, Torts, and Trusts. The ALI added two principal areas to the Second Restatement projects: Foreign Relations Law, and Landlord and Tenant Relations.

Scope and Contents

Scope and Contents

The Future of the Institute Records, 1929-1968 and undated (bulk: 1929-1948), include correspondence, reports, memoranda, and other records related to areas of the law up for consideration for future restatement projects, including business associations, industrial relations, and monopolies.

Scope and Contents

The Second Restatement of Law Records, 1947-1990 and undated, include drafts, comments, correspondence, meeting minutes, state annotations, and other materials related to the Second Restatement of the Law, which sought to improve upon the codification project first established in the First Restatement of the Law. Nine broad subject areas include: Agency, Conflict of Laws, Contracts, Foreign Relations Law, Judgments, Property (also known as Landlord and Tenant Law), Restitution, Torts, and Trusts. Official Institute drafts make up the bulk of the collection. State annotations constitute the second largest portion, while the remainder of the collection consists of correspondence to and from reporters about the restatements, comments from ALI members and outside experts, and related material.

Arrangement note

Arrangement
  1. Agency
  2. Business Associations
  3. Conflict of Laws
  4. Contracts
  5. Judgments
  6. Property
  7. Restitution
  8. Sales of Land
  9. Security
  10. Torts
  11. Trusts

Arrangement note

  1. Correspondence
  2. Reports and Related Records
  3. Potential Future Projects
  4. Master Sheets
  5. Anniversary Photocopies

Arrangement note

  1. Agency
  2. Conflict of Laws
  3. Contracts
  4. Foreign Relations
  5. Judgments
  6. Property
  7. Restitution
  8. Torts
  9. Trusts

Administrative Information

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Publication Information

University of Pennsylvania: Biddle Law Library: American Law Institute Archives,  2008

Finding Aid Author

Finding aid prepared by Jordon Steele

Finding Aid Author

Finding aid prepared by Jordon Steele

Finding Aid Author

Finding aid prepared by Jordon Steele

Access Restrictions

None.

Access Restrictions

None.

Access Restrictions

None.

Use Restrictions

The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.

Use Restrictions

The archives reserves the right to restrict access to material of sensitive nature. Please contact the department for further information.

Use Restrictions

The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Immediate Source of Acquisition note

First shipment received from the American Law Institute in 1995.

Processing Information note

Processed by Melissa Backes, 1995-2005.

Reprocessed by Jordon Steele, with assistance from Naureen Hoque and Ryan Gebhardt, December 2006-April 2007.

Encoded by Jordon Steele, May 2008.

Processing Information note

Preliminary container list prepared by Melissa Backes, 1995-2005.

Processed and encoded by Jordon Steele, May 2008.

Processing Information note

Processed by Melissa Backes, 1995-2005.

Reprocessed by Jordon Steele, with assistance from Ryan Gebhardt, April-May 2007.

Encoded by Jordon Steele, May 2008.

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Controlled Access Headings

Subject(s)
  • Agency (Law)
  • Conflict of laws
  • Contracts
  • Contracts for deeds
  • Judgments
  • Property
  • Restitution
  • Torts
  • Trade associations
  • Trusts and trustees

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Controlled Access Headings

Subject(s)
  • Administrative law
  • Agency (Law)
  • Comparative law
  • Criminal Law
  • Domestic relations
  • Equity
  • Gifts--Taxation
  • Income tax
  • Industrial relations
  • Inheritance and transfer tax
  • International trade
  • Judgments
  • Monopolies
  • Property
  • Taxation
  • Torts
  • Trade associations
  • Trusts and trustees

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Controlled Access Headings

Subject(s)
  • Agency (Law)
  • Conflict of laws
  • Contracts
  • Judgments
  • Property
  • Restitution
  • Torts
  • Trusts and trustees
  • United States--Foreign relations--Law and legislation

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Other Finding Aids note

An item-level container list is available offline in spreadsheet form.

Other Finding Aids note

Collection Inventory

Agency, 1926-1941.

Scope and Contents note

Drafts, state annotations, publications, and other materials related to topics including creation of relationship, creation and interpretation of authority and apparent authority, interpretation of particular authorization, ratification, termination, liability of principal to third persons, contracts and conveyances, liability of principal to third person regarding torts and notice through agent, liability of agent to third person, liability of third person to agent, duties and liabilities of agent to principal, and duties and liabilities of principal to agent. Reporters who worked on this subject included Floyd Mecham, and William Draper Lewis. Herbert Goodrich served as adviser to the committee.

Box
1
2
3
Folder
1-25
1-20
1-4

Business Associations, 1924-1953.

Scope and Contents note

Drafts, research questions, correspondence, publications, and other records related to this project, which began as a codification effort but was discontinued by the project's reporter, William Draper Lewis, due to Lewis' workload involving other projects. The ALI returned to the subject of business associations in the 1980s with the Principles Corporate Governance project.

Related Archival Materials note

See Principals of Corporate Governance Records, ALI.024.

Box
3
4
Folder
5-63
1-28

Conflict of Laws, 1924-1947.

Scope and Contents note

Drafts, state annotations, and publications, and other materials related to topics including domicile, jurisdiction in general, jurisdiction of courts, status, corporations, property, contracts, wrongs, obligation of judgment and other imposed duties, administration of estates, and procedure. Reporters and other participants for this subject included Joseph Beale, Herbert Goodrich, and Fowler Harper. Victor Morawetz and Goodrich drafted material related to Chapter 11 Administration. Beale and James Byrne provided revisions and explanatory notes to the subject.

Box
4
5
6
7
8
Folder
29-43
1-36
1-34
1-23
1-8

Contracts, 1924-1947.

Scope and Contents note

Drafts, state annotations, student editions, and publications related to topics including formation of contracts, formation of informal contracts, informal contracts without assent or consideration, contracts under seal, duties and rights where more persons than one are promisers or promisees of the same performance, contractual rights of persons not parties to the contract, assignment of rights and delegation of duties or conditions, the statute of frauds, breach of promise as an excuse for failure to perform a return promise, breach of contract, judicial remedies for breach of contract, discharge of contracts, impossibility, fraud and misrepresentation, duress and undue influence, mistake, and illegal bargains. Reporters and other participants for this subject include Samuel Williston, Herman Oliphant, Victor Morawetz, and Arthur Corbin.

Box
8
9
10
11
Folder
13-44
1-25
1-26
1-19

Judgments, 1940-1957.

Scope and Contents note

Conference meeting minutes, drafts, state annotations, student editions, annotators' editions, and correspondence related to topics including validity of judgment, former adjudication, effect of judgment with reference to persons, and equitable relief. Reporters for this subject include Austin W. Scott, Warren A. Seavey.

Box
11
12
13
14
Folder
20-23
1-19
1-26
1-2

Property, 1926-1958.

Scope and Contents note

Meeting minutes, drafts, memoranda, state annotations, annotators' editions, correspondence, publications, and other material related to topics including freehold estates, future interests, and servitudes. Reporters and other participants for this subject include Harry A. Bigelow, Richard R. Powell, W. Barton Leach, A. James Casner, Oliver S. Rundell, Henry Upson Sims, Julian S. Bush, Everett Fraser, Sam Miller, Mary Eschweiler, David K. Kadane, Donald L. McCaskey, Joseph B. Robinson, Sylvia Livingston, Helen S. Chait, Charles E. Clark, Ralph W. Aigler, and Roland R. Foulke.

Box
14
15
16
17
18
19
20
21-25
42
Folder
3-26
1-33
1-27
1-31
1-34
1-37
1-33
14

Restitution, 1933-1953.

Scope and Contents note

Meeting minutes, drafts, state annotations, annotators' editions, and publications related to topics including quasi contractual and kindred equitable relief, and constructive trusts and analogous equitable remedies. Reporters for this subject include Warren A. Seavey, William E. McCurdy, and Austin W. Scott.

Box
25
26
27
Folder
28-35
1-23
1-24

Sales of Land, 1935.

Scope and Contents note

Tentative Draft for this short-lived Restatement project, which considered topics including requirements for an enforceable contract for the sale of land and contractual obligations of vendor and purchaser under a land contract. The reporter for the project was Samuel Williston. The project was discontinued in 1936, partly over a lack of funding due to the Depression.

Box
27
Folder
25

Security, 1936-1965.

Scope and Contents note

Meeting minutes, drafts, comments, state annotations, annotators' editions, correspondence, and publications related to topics including personal property as security, liens, suretyship, and courtesyship. Reporters and other participants for this subject include John Hanna, Louis B. Ewbank, Rollin M. Perkins, and Gerhart Husserl.

Box
28
29
30
42
Folder
1-29
1-29
1-20
20

Torts, 1923-1959.

Scope and Contents note

Meeting minutes, drafts, state annotations, annotators' editions, student editions, and related records regarding topics including intentional harms to persons, land, and chattels; negligence; absolute liability; deceit; defamation; disparagement; unjustifiable litigation; interference in domestic relations; interference with business relations; invasions of interests in land other than by trespass; miscellaneous rules; defenses applicable to all tort claims; and remedies. Reporters and other participants for this subject include Francis H. Bohlen, Edward S. Thurston, Oliver W. Branch, Fowler V. Harper, Harry Shulman, Everett Fraser, Edgar N. Durfee, Warren A. Seavey, Lawrence H. Eldredge, and Maurice T. Van Hecke.

Box
30
31
32
33
34
35
36
37
38
Folder
21-49
1-28
1-36
1-36
1-32
1-7
1-24
1-32
1-2

Trusts, 1928-1953.

Box
38
39
40
41
42
Folder
3-36
1-27
1-22
1-24
1-12

Collection Inventory

Correspondence, 1928-1948.

Scope and Contents note

Correspondence with the Carnegie Corporation (which funded ALI projects), William Draper Lewis, Warren A. Seavey, and the committee for the Future of the Institute project.

Box
1
Folder
1-23

Reports and Related Records, 1924-1947.

Scope and Contents note

Reports, correspondence, and other records related to future projects under consideration by the ALI, and submitted to the Carnegie Corporation (which funded ALI projects), the ALI Council, and the ALI Executive Committee.

Box
1
Folder
24-45

Potential Future Projects, 1933-1944 and undated.

Scope and Contents note

Correspondence, reports, memoranda, and other records related to the areas of the law considered by the ALI for future restatement projects.

Box Folder

Administrative Law, 1938-1941. About 50 items.

1 46

Agency, 1929.

1 47

Business Associations, 1929-1941 and undated. About 25 items.

2 1-6

Comparative Law, 1941. About 5 items.

2 7

"The Completion of the Restatement", 1929.

2 8

Criminal Justice, 1941. About 10 items.

2 9

Declaratory Judgments, 1942. 1 item.

2 10

Domestic Relations, 1942. 1 item.

2 11

Equity, undated. 1 item.

2 12

Industrial Relations, 1938-1944. About 125 items.

2 13-20

Interstate and International Trade Law, 1941-1942. About 10 items.

2 21

Model National Laws, 1941. 5 items.

2 22

Monopoly, 1939-1944. About 250 items.

2 23-30

Partnership Act, 1942. About 3 items.

2 31

Persons, 1929.

2 32

Property, 1939-1940. About 10 items.

2 33-35

Security and Cooperative Effort, 1935. About 5 items.

2 36

Taxation, 1936-1941. About 20 items.

2 37

Torts, 1929.

2 38

Translation into Spanish and Portuguese, 1942. 1 item.

2 39

Trusts, 1940-1941. About 20 items.

2 40

Master Sheets, 1936-1938. 5 items.

Scope and Contents note

The documents in this series provide contextual information about the Future of the Institute project.

Box
2
Folder
42

Anniversary Photocopies, 1968.

Scope and Contents note

Photocopies of documents from the Future of the Institute project, made in 1968 for the ALI's 50th Anniversary publication.

Box
2
Folder
41

Collection Inventory

Agency, 1952-1974.

Scope and Contents note

Meeting minutes, drafts, state annotations, student editions, correspondence, publications, and other material related to topics including creation of relation, creation and interpretation of authority and apparent authority, ratification, termination of agency powers, liability of principal to third persons regarding contracts and conveyances and torts, admissibility of evidence of statements of agents, liability of third person to principal, liability of agent to third person, liability of third person to agent, duties and liabilities of agent to principal, and duties and liabilities of principal to agent. Reporters who worked on this subject included Warren A. Seavey. The final version of this restatement was adopted on May 23, 1957.

Box
1
2
30
Folder
1-24
1-18
13-20

Conflict of Laws, 1952-1988.

Scope and Contents note

Meeting minutes, drafts, comments, student editions, correspondence, and other material related to topics including domicil, judicial jurisdictions, limitations on the exercise of judicial jurisdiction, judgments, procedure, wrongs, contracts, property, trusts, status, agency and partnerships, business corporations, and administration of estates. Reporters who worked on this subject included Willis L.M. Reese and Austin W. Scott. The final version of this restatement was adopted on May 23, 1969.

Box
2
3
4
5
6
7
Folder
19-42
1-23
1-27
1-19
1-27
1-10

Contracts, 1959-1981.

Scope and Contents note

Meeting minutes, drafts, comments, correspondence, and other material related to topics including formation of contracts ( parties and capacity), formation of contracts ( mutual assent); formation of contracts ( consideration); the statute of frauds; mistake, misrepresentation, duress, and undue influence; unenforceability on grounds of public policy; the scope of contractual obligations; performance and non-performance; impracticability of performance and frustration of purpose; joint and several promisors and promisees; contract beneficiaries, assignment and delegation; and remedies. Reporters and other participants who worked on this subject included Herbert F. Goodrich, Robert Braucher, Paul A. Wolkin, E. Allan Farnsworth, and Arthur Corbin. The final version of this restatement was adopted on May 17, 1979.

Box
7
8
9
10
Folder
11-28
1-22
1-20
1-12

Foreign Relations, 1947-1969.

Scope and Contents note

Meeting records, drafts, subject files, correspondence, publications, and other records related to topics including jurisdiction, recognition, international agreements, and responsibilities of states for injuries to aliens. Reporters and other participants who worked on this subject included I.N.P. Stokes, Arnold D. McNair, Benjamin Kaplan, and David J. Shapiro, Covey T. Oliver, and Adrian S. Fisher. The final version of this restatement was adopted on May 26, 1962, with revisions accepted in 1964 and 1965.

Box
10
11
12
13
14
15
16
17
18
Folder
13-27
1-26
1-16
1-27
1-27
1-26
1-20
1-26
1-17

Judgments, 1968-1980.

Scope and Contents note

Meeting records, drafts, correspondence, and other records related to topics including validity of judgments, former adjudication, the effects of a judicial judgement, parties and other persons affected by judgments, relief from a judgment, and special problems deriving from nature of forum rendering judgment. Reporters and other participants who worked on this subject included Geoffrey C. Hazard, Benjamin Kaplan, and David L. Shapiro. The final version of this restatement was adopted on June 12, 1980.

Box
18
19
Folder
18-28
1-25

Property, 1969-1990.

Scope and Contents note

Drafts, commentaries, student editions, and other records related to topics including social restrictions of donative transfers, direct restraints on alienation in donative transfers, provisions in restraint of personal conduct, restraints on interference with transferor's dispositive plan, and landlord and tenant relations. Participants who worked on this subject included Richard V. Wellman. The final version of this restatement was adopted on May 19, 1981.

Box
20
21
22
23
24
30
Folder
1-17
1-17
1-18
1-18
1-14
26-27

Restitution, 1981-1987.

Scope and Contents note

Drafts, commentaries, and other records related to topics including remedies, constructive trust, and equitable liens, subrogation. The reporter for this project was William F. Young.

Box
24
Folder
15-31

Torts, 1955-1978.

Scope and Contents note

Meeting records, drafts, student editions, correspondence, and other records related to topics including intentional harms to persons, land, and chattels; negligence; strict liability; misrepresentation; defamation; injurious falsehood; privacy; unjustifiable litigation; interference in domestic relations; interference with advantageous economic relations; invasions of interests in land other than by trespass; defenses applicable to all tort claims; and remedies. Reporters and participants who worked on this subject included William L. Prosser, John W. Wade, and Michael I. Sovern.

Box
25
26
27
28
29
30
Folder
1-15
1-26
1-32
1-30
1-7
24-25

Trusts, 1953-1971.

Scope and Contents note

Meeting records, drafts, state annotations, correspondence, and other material related to topics including the creation of a trust, the trust property, the trustee, the beneficiary, transfer of interest of the beneficiary, administration of the trust, liabilities to third persons, liabilities of third persons, termination and modification of the trust, charitable trusts, and resulting trusts. Reporters and participants who worked on this subject included Austin W. Scott and Herbert F. Goodrich. The final version of this restatement was adopted on May 23, 1957.

Box
29
30
Folder
8-28
1-12