This Article suggests that, in the domain of tort law, The American Law Institute has had important successes when proceeding in the manner of an appellate court, and has courted trouble when operating in the other modes.
The following entry is excerpted from Tentative Draft No. 2 for Restatement of the Law Fourth, Property. Included below is the Topic Note to Trespass to Land, Generally; § 1.5. Intent Required for Trespass to Land, and Comment b. to § 1.5.
In this video summary, project Reporter Henry E. Smith is joined by Associate Reporters John C.P. Goldberg, Thomas W. Merrill, and Christopher M. Newman to provide an overview of this year’s Tentative Draft No. 1.
