News

The Institute in the Courts: State Courts Look to Restatement Drafts

State courts continue to look not only to the Institute’s established work, but also to drafts of its ongoing projects. In one recent case, the Supreme Court of Nevada quoted drafts of the Restatement of the Law, Children and the Law, in evaluating whether a juvenile who ...

U.S. Supreme Court Cites Model Penal Code

In Fischer v. United States, No. 23-5572 (June 28, 2024), the U.S. Supreme Court, in a concurring opinion, cited Model Penal Code § 242.1, which proposes a sweeping, all-purpose obstruction statute, in noting that Congress had never passed a similarly broad obstruction law and that there was ...

U.S. Supreme Court Cites Torts 3d: Economic Harm

Recently, the U.S. Supreme Court cited Restatement of the Law Third, Torts: Liability for Economic Harm §§ 9 and 13, which discuss common-law fraud, in support of its opinion in SEC v. Jarkesy, No. 22-859 (June 27, 2024), concluding that, when the U.S. Securities and Exchange Commission ...

U.S. Supreme Court Cites Model Penal Code

In Diaz v. United States, No. 23–14 (June 20, 2024), the U.S. Supreme Court, in a dissenting opinion, cited Model Penal Code § 2.02 in arguing that Federal Rule of Evidence 704(b), which prohibited an expert witness from stating an opinion about whether a defendant ...

Idaho Supreme Court Adopts Property 3d Provision

The Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f. The following is a summary of that case.

In Gestner v. Divine, 519 P.3d 439 (Idaho 2022), the Idaho Supreme Court adopted Restatement of the Law ...