Bigelow, Harry A.

Casner, A. James

Clark, Charles E.

Fraser, Everett

University of Chicago Law School: Chicago Unbound

University of Chicago Law SchoolChicago UnboundJournal Articles Faculty Scholarship1936Statement of the Reporter and Certain of HisAdvisers AppendixHarry A. BigelowA. James CasnerCharles E. ClarkEverett FraserFollow this and additional works at: https://chicagounbound.uchicago.edu/journal_articlesPart of the Law CommonsThis Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in JournalArticles by an authorized administrator of Chicago Unbound. For more information, please contact unbound@law.uchicago.edu.Recommended CitationHarry A. Bigelow, A. James Casner, Charles E. Clark & Everett Fraser, "Statement of the Reporter and Certain of His AdvisersAppendix," Restatement Of The Law, Property 421 (1936).Appendix.STATEMENT OF THE REPORTER AND CERTAINOF HIS ADVISERS.The undersigned having been charged by the In-stitute with the preparation of a Restatement of theLaw of Property have now completed the first two vol-umes. Explanatory Notes prepared by the Reporterwere printed in the Tentative Drafts, and it has beenthe hope and expectation of the Property Group thatthese Explanatory Notes or a major part of them wouldappear in the Final Draft of the Restatement.The Council of the Institute in February, 1936,voted that the Explanatory Notes be not published withthe first two volumes of this Restatement but that suchparts as could be incorporated as Comments and SpecialNotes be so embodied into the Restatement. Pursuantto this decision the Director and Reporter have thussalvaged approximately 30 per cent. of the ExplanatoryNotes contemplated by the Property Group. Theremaining 70 per cent. is to be omitted under the deci-sion of the Council.Upon many major points the Restatement's posi-tion is a conscious choice between the inconsistentbodies of authority revealed in the Explanatory Notes.In many olher instances the Restateiicit's position isthe best effort of the Property Group to distill a rulefrom specific decisions of controversies where the guid-ing principles have failed to receive clear formulationin the decided cases. In order that the professionmight have the bases before the Group at the time oftheir decisions and thus fairly judge the work of theProperty Group, it is essential that the ExplanatoryNotes be made available to them. The Property Group(421)HeinOnline  --  PROPOSED FINAL DRAFT [1] 421 March 30, 1936[Appendixalso feel that the clarity and usefulness of the Restate-ment to the profession would be substantially enhancedby the inclusion of at least a major portion of theseExplanatory Notes.For the reasons herein stated the Reporter andthose of his Advisers whose names are attached hereto,respectfully dissent from the decision of the Councilnot to publish these Explanatory Notes.HARRY A. BIOELOW,Dean, University of Chicago LawSchool.A. JAMES CASNER,Professor of Law, University ofMaryland Law School.CHARLES E. CLARK,Dean, Yale Law School.EVERETT FRASER,Dean, University of MinnesotaLaw School.W. BARTON LEACH,Professor of Law, Harvard LawSch ool.J. WARREN MADDEN,Professor of Law, University ofPittsburgh Law School.LEwis M. SIMMs,Professor of Law, Univrsity ofMichigan Law School.RICHARD R. POWELL,Reporter.Professor Oliver S. Rundell desires to be recordedas regretting the omission of these Explanatory Notes.HeinOnline  --  PROPOSED FINAL DRAFT [1] 422 March 30, 1936

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Statement of the Reporter and Certain of His Advisers Appendix

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Statement of the Reporter and Certain of His Advisers Appendix

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