bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Restatements of Trusts—Revisited
Authors: Cahn Naomi , Gordon Deborah , Tait Allison 
Published: April 2023

Abstract
This chapter provides a brief history of the first three Restatements of Trusts, and it then offers suggestions for a Restatement (Fourth). As this chapter traces, the three Restatements reflect the legal development of the “modern trust,” which holds a variety of financial interests; the chapter also shows how the evolution of the trust Restatements reflect economic, social, and cultural changes. After a brief history, the chapter then turns to trace three themes: first, it threads together how the three Restatements address the question of shifting social and legal norms, including how diverse populations across the wealth spectrum engage with wealth transfer through trusts; second, the chapter focuses on the “public policy” provision in each of the three trust Restatements and tracks that provision’s focus on gender roles, marriage, religion, and “detriment to community”; and third, it traces provisions relating to trustees’ fiduciary responsibilities to beneficiaries, primarily relating to decisions about investments. As this chapter celebrates the positive impact of the Restatements of Trusts on the development of trust law, the chapter also provides suggestions for a Restatement (Fourth) of Trusts that, as has been true of the previous Restatements, would reflect contemporary developments in both trust and society in each of the three categories.
The International Law Profile of the ALI
Authors: Bermann George A. 
Published: April 2023

Abstract
Though its focus, most notably in its Restatements, has traditionally been on domestic U.S. law, the American Law Institute (ALI) has conspicuously turned “international” in recognition of the fact that U.S. law does not, in the present world, operate in isolation from the law of foreign jurisdictions and international institutions. To be sure, the two most prominent Restatements in the field continue to bear the term “U.S.” in their title: “Restatement of the Foreign Relations Law of the United States” and “The U.S. Law of International Commercial and Investor-State Arbitration.” But both present bodies of law profoundly influenced by, and influencing, foreign and international legal regimes. By contrast, the ALI’s Principles of World Trade Law present the law of a genuine international organization (the World Trade Organization), while the ALI’s Principles of Aggregate Litigation addresses challenges common to jurisdictions around the world. This broader outlook is exemplified by the ALI’s joint projects with the European Law Institute, for which the ALI was very much a model.
Constructing a Legal Field
Authors: Wendel W. Bradley 
Published: April 2023

Abstract
The law governing lawyers is a relatively young field, emerging from the organized bar’s efforts to preserve the autonomy of the profession from external regulation. The field also separated itself from aspirational ideals and ethical principles, becoming firmly established as a subject to be taught in law schools following the revelation of the participation of lawyers in the Watergate scandal. The history of the profession’s official pronouncements on ethics shows an evolution in the subject from aspirational statements of best practices to a statute-like set of enforceable legal rules. While some scholars criticized the “demoralization” of legal ethics, this chapter contends that what actually happened is the development of an area of law with its own characteristic normative perspective on the legal profession. Borrowing from Restatement Reporter Charles Wolfram’s history of the project, the chapter sees the Restatement as a response to a shift in the organized bar’s own governing ideology, from serving as guardians of the law to purely private guardians of client interests. The Restatement certainly does not envision lawyers as having robust, freestanding duties as guardians of the law, justice, morality, or the public interest. But it does recognize that the obligation of competent, diligent representation of clients—often shorthanded as “zealous advocacy”—is internally limited by a recognition that the law establishes boundaries on what lawyers permissibly may do in the course of representing clients. This represents a normatively attractive vision of legal practice, combining fiduciary loyalty to clients with an obligation to respect and sustain legal institutions.
The Uniform Commercial Code and the Ongoing Quest for an Efficient and Fair Commercial Law
Authors: Scott Robert E. 
Published: April 2023

Abstract
The Uniform Commercial Code has had a profound influence on the development of commercial law over the past seventy years. But viewed from a contemporary perspective, its legacy is decidedly mixed. Article 2 on sales, despite its innovations when first introduced, is now hopelessly obsolete and does not respond to the very different contracting practices facing commercial parties today. The specialized statutes dealing with commercial paper and secured debt—Articles 3, 4, and 9—are still widely useful and have been frequently revised but these revisions were promoted and successfully promulgated by the very parties most affected by the regulation, raising the fear of distributional unfairness toward third party interests. Thus, the quest for a commercial law that is both efficient as between the transacting parties and fair in its treatment of affected third parties must continue.
From Restatement to Model Penal Code
Authors: Ferzan Kimberly Kessler 
Published: April 2023

Abstract
This chapter details the evolution of the American Law Institute’s (ALI’s) approach to criminal law reform, eventuating in the Model Penal Code (MPC). It begins with the pre-MPC committees and reports. Here, we see how the chaotic state of the criminal law called for reform and how the need for direction transformed the project from Restatement to model code. The chapter then turns to the MPC, discussing how it innovated American criminal law and briefly surveying its substantial impact on law reform. It then sets forth the arguments for updating the MPC, including the recent projects that revised both sentencing and sexual assault. Finally, it evaluates the MPC. If we look at what motivated the first ALI committee on criminal law reform and what MPC Reporter Herbert Wechsler’s key aspirations were, the success of the MPC is mixed. Some key provisions were sparsely adopted, and some were later undermined. And the Code never offered the kind of uniformity that the initial committee sought. But it is a mistake to ask whether any state’s adoption of the code in whole or in part defines it success. Rather, the MPC’s success lies in the fact that it is a theoretical and conceptual lodestar for past and future reformers.
Special Interests at the Gate
Authors: Bratton William W. 
Published: April 2023

Abstract
The field of corporate governance was still in an early stage when, in 1978, the American Law Institute launched a Corporate Governance Project that produced its Principles of Corporate Governance: Analysis and Recommendations, finally approved fourteen years later. The Principles pursue the goal of enhanced management accountability with an innovative fusion of extralegal governance principles and restatements or revisions of the parts of corporate law that bear most directly on governance. This chapter recounts the Principles’ origins and evolution, a famously controversial process. The Project’s reporters confronted a direct attack spearheaded by agents of the Business Roundtable and their sympathizers. The attackers insisted that corporate governance is about efficient production as well as legal accountability and that the Principles’ progenitors were short on expertise respecting the former and so excessively weighted their output to the latter. This chapter concludes that history lies on the side of the Project and its reporters. The Principles, viewed with the benefit of hindsight, got a lot of things right. They stood (and continue to stand) head and shoulders above the rest of the literature as the best treatise ever produced on corporate law. They also stood (and continue to stand) as the formal source of the monitoring model of the corporate board of directors, the model that continues to dominate thinking both in corporate law and corporate governance.
The ALI Principles of the Law of Family Dissolution
Authors: McClain Linda C. , NeJaime Douglas 
Published: April 2023

Abstract
This chapter argues that the American Law Institute Principles of the Law of Family Dissolution intervened in cutting-edge issues at a time of flux in family law and elaborated a progressive agenda that gained traction in the years after the Principles’ publication. Beginning from the assumption that family law should reflect how people actually live, the Reporters developed a functional, rather than formal, approach to legal regulation. Such an approach, they believed, could vindicate commitments to equality and advance goals of predictability, consistency, and fairness. The chapter shows how concerns with intra-family inequality—particularly gender-differentiated roles in different-sex couples—and interfamily inequality—particularly marital-status distinctions that dovetailed with the exclusion of same-sex couples—led the Reporters to articulate generally applicable principles capable of accommodating families’ lived experiences. Explicit adoption of the Principles’ recommendations by courts and legislatures has been rare. Yet, the chapter rejects a view of the Principles as a failed project and instead understands them as a meaningful intervention in ongoing debates among courts, legislatures, advocates, and scholars. In recent decades, the Principles’ functional approach has grown across jurisdictions, spurred in part by efforts to eradicate inequality within and between families. Parentage law has turned to functional criteria to protect parent-child relationships regardless of the gender, sexual orientation, or marital status of the parent. While the Principles’ functional, status-based approach to nonmarital adult relationships remains a distinct minority position among U.S. jurisdictions, that approach continues to serve as a foundational authority in ongoing debates over legal remedies for unmarried partners.
Aggregationists at the Barricades
Authors: Mullenix Linda S. 
Published: April 2023

Abstract
This chapter assesses the impact of the American Law Institute’s project, Principles of the Law of Aggregate Litigation. It discusses the Principles in the historical context when complex litigation began to dominate federal dockets in the 1980s and aggregate litigation proliferated in the twenty-first century. The chapter examines the emergence of a cohort of aggregationists dedicated to liberalizing federal procedure to support, enhance, and encourage the speedy and efficient resolution of complex litigation. The chapter concludes that while the Principles project has left its mark in federal rulemaking, most judges seem comfortable with prevailing jurisprudence and not especially interested in rewriting procedural doctrine governing complex litigation as the Reporters and Advisers recommended. The Principles has not resulted in a root-and-branch revision of aggregate procedure. Rather, reception of the Principles suggests that a more incremental approach to legal reform has prevailed, and the efforts of the avid aggregationists must await another day.
Restatements and the Common Law
Authors: Gold Andrew S. , Smith Henry E 
Published: April 2023

Abstract
Restatements interact with the common law in multiple ways. Restatements reflect the common law, but they also may do much more; for example, they may accelerate legal reform, and they may freeze the law in place. This chapter considers ways that Restatements can address a concern that Justice Cardozo emphasized: the need for a balance between certainty and flexibility. With that in mind, a central concern is the way that the common law operates as a complex system. The system of the common law is a hybrid of a spontaneous and a made order; it is also, potentially, a loosely connected system rather than the kind of deductive system that some formalists imagine. Taking these features into account, we argue that a key consideration in the drafting of Restatements should be the architecture of the common law, including its conceptual structure. Restatements can seek an “architectural fit,” and in doing so they can strike a workable balance between certainty and flexibility.
The Means–Ends Fusion Model of Intrinsic Motivation
Authors: Woolley Kaitlin , Fishbach Ayelet 
Published: April 2023

Abstract
Intrinsic motivation results from the strong association between an activity (means) and its end goal; it occurs when the means and the ends collide. This chapter details this structural perspective on intrinsic motivation, specifically the means–ends fusion (MEF) model, which was inspired by research on goal systems theory. The authors explore four antecedents of MEF that result in intrinsic motivation: (1) a unique link between means and ends; (2) repeated pairing of means and ends; (3) greater similarity, or perceived fit, between a means and its end; and (4) closer temporal arrival of an end in relation to its means. The authors show that a fusion between means and their ends results in greater intrinsic motivation to pursue the means. They explore consequences of MEF for adherence to work, health, and academic goals, detailing how insights from the MEF model can increase persistence in goal-directed behaviors. The chapter concludes with a discussion of promising future directions inspired by this line of research.
Introduction
Authors: Rowe M. W. 
Published: April 2023

Abstract
The obvious reason for writing a biography of John Langshaw Austin (1911–60) is that he was one of the most important and distinctive philosophers of the post-war period. But there is a further, less obvious, reason for writing this book: one reliable source says that, when working for British Intelligence, Austin played a vital role in acquiring, analyzing, and disseminating the Intelligence for the D-Day landings. Information in support of this idea, however, is very difficult to find, and one of the main purposes of this biography is to reconstruct exactly what Austin did in the war. I hope, however, that I also have original things to say about Austin’s philosophical work, and these include the pre-war influence of Pragmatism, his lack of clarity about the interface between language and reality, the differing influences on his post-war development, and his late work on sound symbolism.
Childhood
Authors: Rowe M. W. 
Published: April 2023

Abstract
This chapter considers the effects of the First World War on Austin’s childhood in Lancaster. These include the death of both his mother’s siblings and all his father’s friends, the flu pandemic, the Great Depression, and his father’s being forced to leave the family architectural practice and become a school bursar in St Andrews, Scotland. The chapter also describes the atmosphere in Austin’s family home and his early education at St Salvator’s prep school. Attention is paid to Austin’s character as a boy; his family’s love of music, drama, sport, and camping; his relations with his parents and siblings; the character of Austin’s headmaster; and the first signs of Austin’s academic brilliance.
Shrewsbury
Authors: Rowe M. W. 
Published: April 2023

Abstract
This chapter considers why Austin was sent to Shrewsbury School, his experiences while there, and the long-term impact these had on his personality. The excellence of the classics teaching is emphasized, but the chapter also looks in detail at the distinctly limited curriculum (he studied virtually no science and very little mathematics), and the bullying, sexism, and snobbery that were rife in the boarding houses. It is argued that the First World War, the personalities of several masters, and deep institutional problems in the school’s structure either gave rise to or exacerbated these problems. Austin’s outstanding academic achievements are considered in detail, as are the personalities and future careers of several contemporaries.
Philosophy in Oxford
Authors: Rowe M. W. 
Published: April 2023

Abstract
This chapter looks in detail at the history of philosophy in Oxford between 1918 and 1933. It begins by pointing out that the war had meant there was an obvious generation gap between philosophers who had been too old, and those who had been too young, to fight; the generation in between had been virtually wiped out. This meant that the intellectual agenda was set by the older men who were still preoccupied by the Victorian Idealist/Realist debate, editing the classics, and training undergraduates in dialectical skills. The chapter then traces the younger dons’ struggle to break new ground, considering the influence of the early Wittgenstein, Moore and Cambridge philosophy, and Ayer and Logical Positivism.
All Souls
Authors: Rowe M. W. 
Published: April 2023

Abstract
This chapter describes Austin’s early historical work on Leibniz, his debate with Collingwood, and his friendships with A. J. Ayer and Isaiah Berlin. The contrasting personalities and intellectual developments of the three friends are explored in depth. But the chapter pays most attention to Austin’s difficulties in finding his feet in contemporary philosophy, his sustained attempt to master advanced mathematics, and his attraction to Logical Positivism. These philosophical developments are set against the background of events in Austin’s personal life: the three weeks he spent in Communist Russia in 1935; his move to Magdalen; and the beginnings of his long relationship with his sister’s ex-nanny, Renée Mothe.
Collingwood, C. I. Lewis, and Aristotle
Authors: Rowe M. W. 
Published: April 2023

Abstract
The chapter begins by describing the obvious split between the older Magdalen dons who believed in a relaxed, traditional, public school outlook, and several recently appointed left-wing dons who believed in reform and raising academic standards. Austin was a member of this second group. The chapter then considers why Collingwood (another Magdalen philosopher) and Austin had little to say about one another, and why Austin was so impressed by the work of the American philosopher C. I. Lewis. Several chapter sections are devoted to showing how Lewis’s Pragmatism enabled Austin to sharpen his criticisms of Positivism, and see how several of his apparently disparate interests could be united in a large-scale and creative work of modern philosophy. Austin’s joint class with Isaiah Berlin on Lewis is then considered, and the chapter ends by outlining Austin’s Aristotle lectures, and his campaign against RAF flying over Oxford.
The All Souls Group, Politics, and Wittgenstein
Authors: Rowe M. W. 
Published: April 2023

Abstract
The chapter opens by examining the All Souls discussion group, which existed between early 1937 and the summer of 1939. The main topics of discussion and all six participants are described in detail, as are the group’s effects on Austin’s philosophical status and outlook. But Austin was also becoming more politically active. He regularly donated to left-wing causes and, during the October 1938 Oxford by-election, canvassed every night for the anti-appeasement candidate. He did not, however, neglect his philosophical work, and gave his first published paper, ‘Are There A Priori Concepts?’ at an Aristotelian Society symposium in July 1939. The chapter ends by demonstrating that Austin’s next paper, ‘The Meaning of a Word’ (1940), was profoundly influenced by Wittgenstein’s Blue Book, and that Austin’s attraction to Aristotle’s ethics and Lewis’s Pragmatism had already prepared the ground for this development.
Jean and the Army
Authors: Rowe M. W. 
Published: April 2023

Abstract
The chapter begins by describing the death of Austin’s brother-in-law, four days after his wedding, and the start of hostilities. It then considers the start of the phoney war, and its effects on Austin’s life in Oxford. In mid-1940, he began to court one of his undergraduate pupils, Jean Coutts, but he was soon called up into the regular army and sent for training at Aldershot. The central sections of this chapter describe this training, and Jean’s character and background. On his return to Oxford, he proposed marriage to Jean, but she regretfully turned him down. At this point Austin was sent on an Intelligence course at Matlock, and the last third of the chapter discusses two topics: the letters in which he tries to persuade Jean to change her mind; and his eventual success when he is invited to spend Christmas with Jean and her parents.
Skyscraper, Invade Mecum, and Exile
Authors: Rowe M. W. 
Published: April 2023

Abstract
In early 1943, the Martians helped their parent organization, GHQ Home Forces, to draw up an invasion plan called Skyscraper. But the plan was dismissed out of hand. The reason is that responsibility for invasion-planning was being transferred to a new Anglo-American organization named COSSAC. The value of Austin’s work, however, was recognized, and much of his information for Skyscraper was put into a new invasion plan, called Overlord. In this period, the Martians were asked to draw up a handbook for invading troops, which Austin christened Invade Mecum, and much of the chapter is devoted to the writing, production, and quality of this document. In May and June, however, there was a serious row, because the General commanding Home Forces wanted the Martians to leave Norfolk House and move to his own HQ near Slough. An unsatisfactory compromise was reached, and the section reluctantly moved to Holland Park, London.
At Peter Robinson’s
Authors: Rowe M. W. 
Published: April 2023

Abstract
Duncan Sandys lobbied for Austin’s section to move back to central London, and on 12 November 1943 the section was renamed the Theatre Intelligence Section [TIS] and given the top floor of Peter Robinson’s department store in Oxford Circus. Here Austin was primarily occupied with processing data from the French Resistance, providing briefing material for commando raids, and considering the possibility of a landing in Norway. He was most concerned, however, with the Arromanches area of the French coast. This had already been chosen as one of the landing sites for D-Day, but there was a serious worry that the beach might rest on a bed of soft peat that would bog down vehicles. Every effort was made to discover whether this was a serious problem, and eventually it was decided that swimmers must be sent to reconnoitre the beach. Austin’s role in this operation is described in detail.
Towards D-Day
Authors: Rowe M. W. 
Published: April 2023

Abstract
Eisenhower was appointed Supreme Commander for the invasion of Europe and set up a new organization, SHAEF, to lead it. On 12 February 1944, TIS became part of this organization. The section had expanded to somewhere between 300 and 500 personnel to allow it to cope with the prodigious amount of material it was having to process. Austin was now regarded as key player in invasion-planning, and the reasons for this reputation are investigated. TIS was then divided into two groups: one concerned with German troops and equipment, the other with beach obstacles. Reconnaissance raids were organized to discover how the beaches were mined. The future of TIS after D-Day was debated, and it was decided it would become SHAEF’s operational Intelligence section.