Restatements and the Federal Common Law

Because of Erie,1Erie RR. Co. v. Tompkins, 304 U.S. 64, 78 (1938). the phrase “common law” probably conjures in most lawyers’ minds the idea of state common law. And, not surprisingly, the Restatements are generally identified with state common law rules.  Indeed, our...

Restatements and Federal Statutes

Questions have been raised in recent meetings of our Advisers and Members Consultative Groups, particularly in connection with our newly launched Restatement of Copyright, about what role our Restatements can play in areas in which there is a comprehensive federal...
12