Judicial Process

RELYING ON RESTATEMENTS

Shyamkrishna Balganesh*

Restatements of the Law occupy a unique place in the American legal system. For nearly a century, they have played a prominent and influential role as legal texts that courts routinely rely on in a wide vari­ety of fields. Despite their ubiquitous and pervasive use by courts, Restatements are not formal sources of law. While they resemble statutes in their form and structure, Restatements are produced entirely by a pri­vate organization of experts...