Restating Restitution: The Restatement Process and its Critics

Abstract:     
This article uses controversies in drafting sections of the Restatement (Third) of Restitution and Unjust Enrichment to examine the rigor of the American Law Institute's internal process. The sections I review stem from the Slayer Rule that prevents a killer from inheriting from his victim and Marvin v. Marvin's restitution for an unmarried cohabitant. I maintain that the disputes within the ALI reveal a searching and demanding process that leads to consensus doctrine that is accurate and legitimate, yet not frozen in time.

The Washington and Lee Law Review will publish this article in a symposium that grew out of the Frances Lewis Law Center's Restitution Roundtable in December 2007. The article will undergo the review's editorial and cite checking process before publication.

Number of Pages in PDF File: 17

Accepted Paper Series