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Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises

Legal encyclopedias, law review articles, american law reports, restatement drafts, getting help, introduction.

Secondary sources are a great place to begin your research . Although the primary sources of law--case law, statutes, and regulations--establish the law on a given topic, it is often difficult to quickly locate answers in them. Secondary sources often explain legal principles more thoroughly than a single case or statute, so using them can help you save time . Secondary sources also help you avoid unnecessary research, since you're tapping into work that someone else has already done on an issue.

Secondary sources include:

• Legal encyclopedias
• American Law Reports (ALR)
• Law review articles

Restatements

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

This guide provides a basic overview of each source, including their strengths and why you might use them, as well as tips on finding, using, and citing them.

This guide is based on material written by Deanna Barmakian.

This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

Intro to Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions to legal topics and explaining relevant terms of art.They also provide citations to relevant primary law and sometimes give citations to relevant major law review articles.

There are two main legal encyclopedias in the United States that are national in scope. They are useful, but not well-suited for jurisdiction specific research.

State legal encyclopedias provide background and explanations of state legal topics. Not every state has a legal encyclopedia. Depth of coverage and quality vary. State encyclopedia articles are updated irregularly.

Electronic versions of the encyclopedias are updated directly. If using a print encyclopedia, always remember to check the pocket parts for any updates.

National Legal Encyclopedias

• American Jurisprudence 2d (AmJur) Reading Room KF 154.A42 Am Jur 2d articles summarize broad principles of U.S. law and provide citations to cases, statutes, rules, forms, and A.L.R. annotations. A six-volume general index is located at KF 154.A42. Topical indexes are located in the last volume of every topic.
• American Jurisprudence Available on Lexis
• American Jurisprudence on Westlaw
• Corpus Juris Secundum (CJS) Reading Room KF 154.C56 This 152-volume set is arranged into approximately 400 topics. Articles within topics begin with a general rule of law and are followed by the exceptions and qualifications to that general rule. A four-volume general index is located at KF 154.C56. There are also individual indexes for each major topic.
• Corpus Juris Secundum on Westlaw CJS is not available on Lexis.

State Legal Encyclopedias

Legal encyclopedias are listed alphabetically by state. Electronic versions are included only if they are comprehensive in scope.

For a few states, Westlaw offers a practice series that contains selective coverage of state law, usually covering a few major topics and information useful to litigators. To find them, browse the Westlaw directory by U.S. State Materials > Other U.S. States > State name >  Forms, Treatises, CLEs, and Other Practice Materials, then browse the page for "practice series."

• California Jurisprudence 3d Reading Room KFC 80 .C29
• Summary of California Law Reading Room KFC 80 .W5
• California Jurisprudence 3d (Westlaw)
• Summary of California Law (Lexis) Available on Lexis
• Summary of California Law (Westlaw)
• Colorado Law Annotated 2d Reading Room KFC 1880 .P76
• Florida Jurisprudence 2d Reading Room KFF 80 .F56
• Florida Jurisprudence 2d (Lexis) Available on Lexis
• Florida Jurisprudence 2d (Westlaw)
• Georgia Jurisprudence Reading Room KFG 80 .G45
• Georgia Jurisprudence (Westlaw)
• Illinois Law and Practice Reading Room KFI 1265 .I44x
• Illinois Jurisprudence (Lexis) Available on Lexis
• Illinois Law and Practice (Westlaw)
• Indiana Law Encyclopedia Reading Room KFI 3065 .W44
• Indiana Law Encyclopedia (Westlaw)
• Louisiana Civil Law Treatise Reading Room, KFL 92 - 583 (call numbers vary)
• Louisiana Civil Law Treatise (Westlaw)
• Maryland Law Encylopedia Reading Room KFM 1265 .W4x
• Maryland Law Encyclopedia (Westlaw)
• Michigan Law and Practice Encyclopedia Reading Room KFM 4265 .M63x
• Michigan Law and Practice (Lexis) Available on Lexis
• Michigan Civil Jurisprudence (Westlaw)
• Dunnell Minnesota Digest (Lexis) Available on Lexis
• Encyclopedia of Mississippi Law Reading Room KFM 6665 .E53x
• Summary of Mississippi Law Reading Room KRM 6665 .G7
• New Hampshire Practice Reading Room KFN 1280 .N48
• New Jersey Practice Reading Room KFN 1880 .N4
• New Jersey Practice (Westlaw)
• New York Jurisprudence 2d Reading Room KFN 5065 .N48
• New York Jurisprudence 2d (Lexis) Available on Lexis
• New York Jurisprudence 2d (Westlaw)
• Strong's North Carolina Index Reading Room KFN 7445 .6 .S82
• Strong's North Carolina Index (Westlaw)
• Ohio Jurisprudence 3d Reading Room KFO 65 .O35
• Ohio Jurisprudence 3d (Lexis) Available on Lexis
• Ohio Jurisprudence 3d (Westlaw)
• Pennsylvania Law Encyclopedia Reading Room KFP 65 .P46x
• Pennsylvania Law Encyclopedia (Lexis) Available on Lexis
• Summary of Pennsylvania Jurisprudence 2d (Westlaw)
• South Carolina Jurisprudence Reading Room KFS 1865 .S68x
• South Carolina Jurisprudence (Westlaw)
• Tennessee Jurisprudence Reading Room KFT 65 .T46
• Tennessee Jurisprudence (Lexis) Available on Lexis
• Texas Jurisprudence 3d Reading Room KFT 1265 .T49
• Texas Jurisprudence 3d (Lexis) Available on Lexis
• Texas Jurisprudence 3d (Westlaw)
• Michie's Jurisprudence of Virginia and West Virginia Reading Room KFV 2465 .M52
• Michie's Jurisprudence of Virginia and West Virginia (Lexis) Available on Lexis

How to Cite Legal Encyclopedias

See Bluebook B8.15 and Rule 15.8.

Quick example:

17 AM. JUR. 2d Contracts § 74 (1964).

Intro to Treatises

Treatises , not to be confused with treaties , are book-length expositions on the law as it pertains to a particular subject. Treatises may be scholarly in nature, such as Blackstone’s Commentaries on the Law , or they may be geared toward a legal practitioner, such as a manual or handbook.

A legal treatise may be a short, single volume or a large, multivolume set. Many are available electronically as well as in print. Different kinds of treatises have different purposes:

Legal hornbooks are designed as teaching tools for law students. Hornbooks provide more detailed treatments of particular areas of law than an encyclopedia or ALR entry. They generally contain summaries of landmark cases and other useful details.

Nutshells provide an overview of a legal topic without the detailed analysis or extensive case referencing found in other treatises.

Some treatises are designed to serve as practitioners’ tools. These works tend to address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables.

Looseleaf services are an example of treatises designed to serve as tools for practitioners. Such works address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables. Looseleaf services are frequently supplemented treatises--hence the looseleaf binder format that enables single pages to be easily updated without republishing the entire volume--that often contain primary legal sources and finding aids in addition to secondary analytical material, making them an invaluable resource if one exists for your topic.

Still other treatises are designed to serve as self-help publications for the public, such as those published by Nolo Press .

Finding treatises

There are several ways to locate legal treatises:

• Use the HLS Library Guide to Legal Treatises by Subject for librarian-recommended treatises in many areas of law
• Do a keyword or subject search in Hollis , Hollis Classic , or another library catalog . Use the expanded search or facets to limit your search to the law school library.
• Ask a research librarian to help you locate treatises on your topic
• Consult reference sources that review treatises by subject such as:

The Legal Information Buyer's Guide and Reference Manual by Ken Svengalis Legal Information: How to Find It, How to Use It by Kent C. Olson (note: this guide does not include single volume works) Legal Looseleafs in Print by Arlene Eis

Using treatises

Using legal treatises is like using any non-law book with a few special advisories.

First, as with any book, use the table of contents and the index to quickly locate relevant sections .

Second, remember that for a publication to provide reliable coverage of contemporary issues, it must be updated regularly and accurately to reflect any changes in the law . Updating may happen through the addition of pocket parts (which are usually tucked in a pocket in the back cover of a volume), by updated pages in a looseleaf, or periodic republication or an entire volume. Researchers should always make sure they are working with the most current edition of the treatise and be sure to consult pocket parts.

Third, while many treatises are still only available in print, more treatises are becoming available online . For example, major treatises on insurance law are available in both Lexis and Westlaw. Electronic versions of treatises allow for full text searching, which can be valuable for research. For more focused search results, consider narrowing your search to relevant sections, if possible. In many cases, you can still access the tables of contents and indexes to help locate chapters or sections of interest.

Remember that you can (and should!) check to see how current the electronic text is by clicking the I link next to the title of the treatise to see how regularly it is updated and when the last update took place.

How to Cite Treatises

See Bluebook Rule 15.

RICHARD H. FALLON, JR. ET AL., HART AND WECHSLER'S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 330 (5th ed. 2003).

Intro to Law Review Articles

Law review or journal articles are another great secondary source for legal research, valuable for the depth in which they analyze and critique legal topics, as well as their extensive references to other sources, including primary sources.

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers, as well as comments, notes, or developments in the law written by students. Law review articles often focus on new or emerging areas of law and they can offer more critical commentary than a legal encyclopedia or ALR entry .

Some law reviews are dedicated to a particular topic, such as gender and the law or environmental law, and will include in their contents the proceedings of a wide range of panels and symposia on timely legal issues.

Sources of full text law review articles

These resources all provide comprehensive coverage of United States law reviews, and allow you to search the full text of the articles that they index.

• Bloomberg Law Bloomberg Law is available to all HLS students, faculty, and staff. Register with your HLS email address. Law reviews are included in Bloomberg Law's selection of secondary sources.
• HeinOnline Law Journal Library Database of full text, PDF law review articles; use advanced search to search by topic or search specific titles. HeinOnline is the most comprehensive law review articles database, as coverage begins with the first issue of each journal.
• LexisNexis U.S. Law Reviews and Journals, Combined Combined full text database of United States Law Reviews and Bar Journals. Coverage begins in 1982; regular updates as received from publishers. Lexis also contains databases for Canadian law reviews articles and law review articles by jurisdiction and topic.
• Westlaw Journals & Law Reviews Journals and Law Reviews contains full text documents from law reviews and CLE materials from U.S. and Canadian based publications. Coverage varies by publication with most going back to the 1980s or 1990s.

Indexes to law reviews and journals

These resources only index articles, usually by author, title, keywords, and subject; you will have to find the full text separately. However, they provide additional ways of searching, including taking advantage of subject indexing by expert librarians, and they enable finding material that may not be found in full text databases. In most cases, there will be a link to find the article you desire at Harvard. If we do not own the journal in question, you may request the article via interlibrary loan .

• Current Index to Legal Periodicals A weekly publication by the University of Washington Library, CILP indexes the most recent law review and journal publications by subject as well as provides the tables of contents of the journals indexed. Also available on Westlaw and in print in the reference room at K 33 .C86.
• Index to Foreign Legal Periodicals IFLP indexes legal literature worldwide, covering all forms of foreign law, including comparative law and legal systems, such as Islamic law; socialist law; public and private international law; and transnational commercial law. Although Anglo-American law is not covered, British and American publications concerning foreign law are included. IFLP includes journal articles, congress reports, essay collections, yearbooks and book reviews in all languages. Coverage begins in 1985.
• Index to Legal Periodicals, Retrospective (1908 - 1981) This retrospective database indexes over 750 legal periodicals published in the United States, Canada, Great Britain, Ireland, Australia and New Zealand. Annual surveys of the laws of a jurisdiction, annual surveys of the federal courts, yearbooks, annual institutes, and annual reviews of the work in a given field or on a given topic will also be covered.
• Index to Legal Periodicals and Books (1981 - ) ILP indexes articles in over 800 legal periodicals such as law reviews, bar association journals, yearbooks, institutes, and government publications from August 1981 to the present. In 1994, ILP began indexing legal books and now indexes approximately 2,000 per year. ILP can be searched simultaneously with ILP Retrospective (see next link) through the open database selection area link.

• Index to Canadian Legal Literature (Westlaw) ICLL is a periodical index and bibliography of Canadian legal literature from 1985 to present. ICLL indexes monographs, essays, federal and provincial government publications, publications of law faculties and legal research institutes and associations, including theses, publications from the law societies and associations, legal education materials, and more. Also available in print in the reference room at KE 1 .I532 2001
• Nineteenth Century Masterfile Jones & Chipman's Index to Legal Periodical Literature covers the content of about 235 British legal periodicals and 67 Law Report titles from 1786-1937. Jones & Chipman is available as part of 19th Century Masterfile, a collection of indexes covering 19th century periodicals and newspapers. Also available in print in the Library at Reference K 33 .I53. more... less... Help Searching
• Legal Journals Index (Westlaw) Legal Journals Index provides citations to articles in over 450 legal journals published in the United Kingdom and other European countries from 1986 to the present. The index covers topics pertaining to the laws of the European Union and its member states. Citations include abstracts and links to the full-text of the article and referenced cases when available. Also available in print in the reference room at KD 59 .L44.

Working Paper Repositories

Working papers are an additional source of secondary analysis. They are frequently draft or pre-publication versions of law review articles, though you will also find published versions of articles in these databases. When citing or relying on a draft paper, be sure to carefully check its citations and request the author's permission before citing.

• SSRN Legal Scholarship Network Contains both published and working papers by law faculty, as well as scholars working in the fields of accounting, economics, financial economics, and management. Search by author and by title and abstract keywords. Most papers are available for download in pdf format.
• BePress Legal Repository Contains approximately 3000 articles and papers by law faculty.

How to Cite Law Review and Journal Articles

See Bluebook Rule 16.

Quick example: Paul Butler et. al., Race, Law and Justice: The Rehnquist Court and the American Dilemma, 45 Am. U. L. REV. 567, 569 (1996).

Intro to ALR

American Law Reports (frequently abbreviated and referred to as ALR) contains in-depth articles on narrow topics of the law. ALR articles, called annotations, provide background, analysis, and citations to relevant cases, statutes, law review articles, and other annotations .

ALR is published in series:

• two series under its original title Lawyers Reports Annotated
• eight ALR series, one through six
• two federal series

ALR annotations are not jurisdiction specific. Each annotation contains a Table of Jurisdictions to help you find relevant cases within specific states. In the federal series, the Table of Jurisdictions directs you to cases by circuit.

All ALR series continue to be updated, though not on a regular schedule. When using the set in print, always check the pocket parts for updates. ALR is also available in both Lexis and Westlaw, and the electronic versions incorporate updates into the text. ALR annotations can also be completely superceded by more recent annotations. Electronic versions will provide referrals to the superceding annotations, but in print, you should check the History Table at the end of the ALR Index to verify that your annotation has not been superceded.

Find relevant annotations by using the print indices or searching the ALR databases in Lexis or Westlaw. When using ALR electronically, it is most efficient to look for your terms in the titles of the annotations, since their titles are specific, and reflect their contents.

Finding ALR in print and online

• ALR on Westlaw Contains the full text of the annotations included in the First, Second, Third, Fourth, Fifth, Sixth, Federal, and Federal Second series of American Law Reports (ALR) and the Index to Annotations covering these series. Because West publishes ALR, this is the most comprehensive electronic version.

• The ALR Index is located in the Reading Room at KF 132.2.I53. It covers annotations written since 1948.
• The ALR Quick Index is located in the Reading Room at KF 132.6.A543. It covers major annotations from the ALR 3d series to the present.

How to Cite ALR Annotations

See Bluebook Rule 16.6.6

William B. Johnson, Annotation, Use of Plea Bargain or Grant of Immunity as Improper Vouching for Credibility of Witness in Federal Cases, 76 A.L.R. FED. 409 (1986).

Intro to Restatements

Restatements are highly regarded distillations of common law . They are prepared by the American Law Institute (ALI), a prestigious organization comprising judges, professors, and lawyers. The ALI's aim is to distill the "black letter law" from cases to indicate trends in common law, and occasionally to recommend what a rule of law should be. In essence, they restate existing common law into a series of principles or rules.

Restatements cover broad topics, such as Contracts or Property. They are organized into chapters, titles, and sections. Sections contain a concisely stated rule of law, comments to clarify the rule, hypothetical examples, explanation of purpose, as well as exceptions to the rule.

Restatements are not primary law. Due to the prestige of the ALI and its painstaking drafting process, however, they are considered persuasive authority by many courts. The most heavily cited Restatements are the Restatement of Torts and the Restatement of Contracts.

The ALI web site contains information regarding Restatement projects, ALI membership, history and institutional processes.

Finding Cases Discussing Restatements

Annotations of cases citing a Restatement section can be found in the Appendix volumes the Restatements in print. There may be one or many Appendix volumes. They are organized by Restatement series, (i.e. citations to the first Restatement, then second, etc.), then by section number. Appendices are not cumulative. The spines indicate sections and years covered. They are updated with pocket parts, cumulative annual supplements, and semiannual pamphlets called Interim Case Citations. The same case annotations are available when using the Restatements on LexisNexis or Westlaw.

You can Shepardize a Restatement section on LexisNexis using the following formats. Note that Bluebook citation format for Restatements, or permutations thereof, will not work.

• torts second sec. 46
• property second (donative transfers) sec 25.9
• conflict of laws second sec. 6
• contracts second sec. 35 cmt. d illus. 7

You can also KeyCite a Restatement section on Westlaw using the following formats. Note that KeyCite finds significantly more citing material than Shepard's for Restatements. (See the KeyCite Publications List for additional help with citation format.)

• rest agen s 1
• rest 2d contr s 3
• rest 2d prop-lt s 1.1
• rest 3d trusts-pir s 170

Current Restatements

Listed below are print editions of the Restatements and their locations in the library. Restatements are also available on both Lexis and Westlaw:

Restatements on LexisNexis Rules (along with comments, illustrations, and notes) are searchable in separate sources from case citations. This makes searching for relevant rules very efficient on LexisNexis. Case citations are linked from individual rules. Browse tables of contents or search by keyword. Restatement drafts are in separate sources from final versions of Restatements. The first series of Restatements is not available on LexisNexis.

Retreiving Restatement sections using Get a Document is not intuitive. Search for restatement in the Get a Document Citation Formats list to determine the proper format.

Restatements on Westlaw All series of Restatements are available on Westlaw. Browse tables of contents or search by keyword. Searching the Restatements on Westlaw can be problematic, because multiple series as well as selected drafts are combined into one database along with case citations to all of them, e.g. Torts first, second, and the topic-specialized Torts third series along with citations to all series are in one database. This can make keyword searching inefficient unless you use a fielded search or use the Table of Contents mode to search within a particular Restatement. Examine your search results carefully to ensure you are looking at the current version of a rule. If a rule has been superceded, there will be note above the rule text indicating this.

Retrieving Restatement sections using Find is somewhat intuitive. The format mimics the database ID. See the listed format for KeyCite below; they will also work for Find. For a complete list of Restatement retrieval formats, search the Find Publications List for restatement. 

• Agency 2d Reading Room KF 1345 .A764
• Agency 3d Reading Room KF 1345 .A764
• Conflict of Laws 2d Reading Room KF 411 .A453
• Contracts 2d Reading Room KF 801 .R47
• Foreign Relations Law of the United States 3d Reading Room KF 4651 .A748x
• Judgments 2d Reading Room KF 8990 .R48
• Law Governing Lawyers 3d Reading Room KF 300 .R47
• Property Reading Room KF 570 .A73
• Property, Donative Transfers 2d Reading Room KF 613 .R47
• Property, Landlord and Tenant 2d Reading Room KF 590 .A84
• Property, Mortgages 3d Reading Room KF 695 .R49
• Property, Servitudes 3d Reading Room KF 656 .R475x
• Property, Wills and Other Donative Transfers 3rd Reading Room KF613 .R479x
• Restitution: Quasi Contracts & Constructive Trusts Reading Room KF 1244 .R46x
• Security Reading Room KF 1050 .A745
• Suretyship and Guaranty 3d Reading Room KF 1045 .R463x
• Torts 2d Reading Room KF 1249 .A4 R47
• Torts, Apportionment of Liability 3d Reading Room KF 1249 .A4 R4774x
• Torts, Liability for Physical and Emotional Harm 3d Reading Room KF1286 .R473x
• Torts, Products Liability 3d Reading Room KF 1296 .R476x
• Trusts 2d Reading Room KF 730 .A8
• Trusts 3d Reading Room KF 730 .R4763x
• Trusts, Prudent Investor Rule 3d Reading Room KF 730 .R4725
• Unfair Competition 3d Reading Room KF 3195 .R475x

Restatements in Draft Status

For more information about the drafting process, see the Restatements Drafts sub-tab.

• Employment Law 3d (discussion draft) Reading Room KF3319 .R473x
• Restitution and Unjust Enrichment 3d (tentative draft) Reading Room KF 1244 .R463x
• Torts, Economic Torts and Related Wrongs 3d This project began in 2010; there are no drafts yet.
• U.S. Law of International Commercial Arbitration 3d

How to Cite Restatements

See Bluebook Rule 12.8.5

RESTATEMENT (THIRD) OF PROP.: DONATIVE  TRANSFERS § 2 (2000).

• Liability for Economic Harm (tentative draft) (Torts 3d)

The Drafting Process

For a short overview of the drafting process for a Restatement, see How the ALI Works .

Parties Involved

• ALI Officers: a group of approximately ten, including the Chair of the Council, President, Vice Presidents, Treasurer, Director, and Deputy Directors
• ALI Council: an elected, standing group of approximately sixty judges, professors, and lawyers
• Reporter: Head of the Restatement project appointed by the ALI Officers and Council, responsible for drafting the language of the Restatement
• Advisers: Group of professors and lawyers (usually 12-30 for a Restatement) with subject expertise appointed to advise the Reporter
• Members Consultative Group: Groups of ALI members (usually 50-75 for a Restatement) interested in the topic of a Restatement who wish to offer input
• ALI Membership: a approximately 3000 ALI members who discuss and ocasionally vote on Restatement language at annual meetings; membership gives input only near the end stages of the drafting process

Drafting Process

The following process typically takes between 9 and 21 years:

• A Reporter is appointed by the Council
• The Reporter divides the project into parts that go through the following process separately:
• The Reporter writes a preliminary draft
• The Preliminary draft is sent to the Advisers and the Members Consultative Group
• The Advisers and Members Consultative Group recommend revisions
• The Reporter, at his/her discretion, makes the revisions
• The draft goes back and forth between the Advisers and the Reporter and a series of revised preliminary drafts are made
• The Reporter and Advisers send a council draft to the Council of the Institute
• The Council suggests revisions
• The Reporter is somewhat obliged to make the suggested revisions
• The draft goes back and forth between the Advisors and the Council and a series of council drafts are made
• The Council presents a tentative draft to the ALI membership
• The draft goes back and forth between the Council and the Membership and a series of tentative drafts are made
• Issues surrounding the draft settle and a proposed final draft is usually created
• The proposed final draft (or last tentative draft) is submitted to the ALI Membership at the annual meeting
• The Membership and the Council approve the proposed final draft
• The Restatement is adopted and promulgated and the official text of the Restatement is published

Other ALI-authored works, such as Uniform Commercial Code articles, are created in a similar process. If you want assistance locating materials relating to non-Restatement ALI projects, please ask a research librarian .

TRACING THE HISTORY AND DEVELOPMENT OF RESTATEMENT SECTIONS

Legal researchers sometimes need to trace the historical development of a Restatement section, the impetus for its inclusion, which section of a prior Restatement it derived from, or how it came to be worded a certain way.

For many sections, Reporter's notes explain the development of a section, often explaining earlier versions and citations to cases that were used as the basis for the rule. Reporters notes can be found in the Appendix volumes of individual Restatements.

To trace how the text changed during the drafting process, you can compare various drafts: the tentative drafts, council drafts, preliminary drafts and proposed final drafts. Each draft has its own record in the library catalog. Use the Title Keywords search in  Hollis Classic --for example, search  restatement torts --to locate them. Drafts are also available in the microform set Archive Publications described below.

Some Restatement volumes contain conversion tables. These tables indicate where sections of drafts or sections from earlier series were included in the final, adopted version of a Restatement.

Although some Restatements are designated 2d or 3d, there are not always antecedents. For instance, the Restatement of the Law Governing Lawyers is a Restatement of the Law Third, but there has never been a first or second Restatement of the Law Governing Lawyers.

• The Proceedings of the Annual Meeting of the American Law Institute Available online from 1997 Available on Westlaw from 2000 For additional and older material, see: Reading Room KF 294 .A5 A3 Microform Room Drawer 812 An excellent research tool for those tracing the development of a Restatement section. The ALI has published the Proceedings annually since 1923, except for 1945-1955. The Proceedings contain reports to ALI members, Reporter presentations, transcripts of discussions of drafts, the text of proposed amendments, and include an index of sections discussed. For the years 1945-1955, the Proceedings are only available in the Archive Publications set described below.
• The ALI Reporter Available online from 1999 Reading Room KF 200 .A455 The ALI's quarterly newsletter contains the latest information about ALI projects, meetings, and members, including reports on actions taken on drafts and the full text of chapters approved for discussion at the annual meeting with revisions explained.
• Archive Publications Microfilm Room KF 294.A5 A43, Drawers 963-965 A microfiche set containing the text of of Restatements, all drafts, and ALI Proceedings from annual meetings for the years that were not officially published, 1945-55. It also contains drafts of four Restatement projects that were terminated before completion. The set is arranged by Restatement, by section, and chronologically. Coverage starts with the founding of the ALI in 1923. All drafts produced for ALI projects are added to this set a few years after the project is completed or terminated. There is a print guide to this microfiche collection in the Microform Room at KF 294 .A5 A43.
• American Law Institute Archives Finally, there is a well-indexed, comprehensive collection of the American Law Institute Archives at the Biddle Law Library of the University of Pennsylvania. The archive contains drafts, comments, and correspondence related to ALI projects.

Determining the Current Status of Restatement Drafts

The American Law Institute is continually working on Restatements and other projects. Researchers are often interested in determining whether a Restatement has become final, or what stage the drafting process has reached. The following tools can help answer those questions, as well as provide a history of the development of ALI projects.

• ALI Catalog of Publications The catalog contains information about draft content and authorship. It mentions which portions of Restatements are superceded or in development.
• Annual Report of the ALI Director The Annual Report summarizes work contemplated, underway, and completed during the year on various Restatements. Available online from 1999. Reports 1988-1998, are available in the Reading Room KF 294 .A5 A14 .
• Proceedings of ALI Annual Meetings The Proceedings contain proposed amendments, an index of sections discussed, and records of discussions. Meetings take place in May and the Proceedings are usually available by March or April of the following year. Available online from 1997 Available on Westlaw from 2000 For additional and older material, see: Reading Room KF 294 .A5 A3 Microform Room Drawer 812

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Harvard Law Review Editors Vote to Kill Article About Genocide in Gaza

The article on the Gaza war and the Nakba was commissioned, edited, fact-checked, and prepared for publication — but was then blocked amid a climate of fear.

A week after Hamas’s October 7 massacre, by which time Israel’s all-out assault on Palestinians in the Gaza Strip had killed thousands of civilians, the online editors of the prestigious Harvard Law Review reached out to Rabea Eghbariah.

The two online chairs, as they are called, had decided to solicit an essay from a Palestinian scholar for the journal’s website. Eghbariah was an obvious choice: A Palestinian doctoral candidate at Harvard Law School and human rights lawyer, he has tried landmark Palestinian civil rights cases before the Israeli Supreme Court.

Eghbariah submitted a draft of a 2,000-word essay by early November. He argued that Israel’s assault on Gaza should be evaluated within and beyond the “legal framework” of “genocide.”

In line with the Law Review’s standard procedures, the piece was solicited, commissioned, contracted, submitted, edited, fact checked, copy edited, and approved by the relevant editors. Yet it will never be published with the Harvard Law Review.

Following an intervention to delay the publication of Eghbariah’s article by the Harvard Law Review president, the piece went through several committee processes before it was finally killed by an emergency meeting of editors. The essay, “The Ongoing Nakba,” would have been the first from a Palestinian scholar published by the journal.

In an email to Eghbariah and Harvard Law Review President Apsara Iyer, shared with The Intercept, online chair Tascha Shahriari-Parsa, one of the editors who commissioned the essay, called the move an “unprecedented decision.”

“Let’s not dance around it — this is also outright censorship. It is dangerous and alarming.”

“As Online Chairs, we have always had full discretion to solicit pieces for publication,” Shahriari-Parsa wrote, informing Eghbariah that his piece would not be published despite following the agreed upon procedure for blog essays. Shahriari-Parsa wrote that concerns had arisen about staffers being offended or harassed, but “a deliberate decision to censor your voice out of fear of backlash would be contrary to the values of academic freedom and uplifting marginalized voices in legal academia that our institution stands for.”

Both Shahriari-Parsa and the other top online editor, Sabrina Ochoa, told The Intercept that they had never seen a piece face this level of scrutiny at the Law Review. Shahriari-Parsa could find no previous examples of other pieces pulled from publication after going through the standard editorial process. Another editor, who spoke on the condition of anonymity, echoed the view that Eghbariah’s treatment is unprecedented.

The anonymous editor said that, based on their research, Israeli scholars had been well represented in the pages of the magazine, but not Palestinians. The editor also said that they could find no previous examples, based on their research, of a publication-ready article being pulled.

In one of his responses to the editors, Eghbariah wrote, “This is discrimination. Let’s not dance around it — this is also outright censorship. It is dangerous and alarming.”

According to emails shared with The Intercept, as well as Shahriari-Parsa and Eghbariah’s accounts, Iyer at first delayed the essay’s publication over what she said were safety concerns and the desire to deliberate with editors. According to an email from Shahriari-Parsa to the author, however, Iyer also said in meetings that “she was personally unwilling to allow the piece to be published.” (Iyer responded in the email chain with Eghbariah that there were “numerous inaccuracies” in the rejection email, claiming the story had gone through the normal process and that the piece had been rejected based on the requested publication timeline.)

Following requests from over 30 editors, an emergency meeting of the entire journal body was called. After nearly six hours, the more than 100 editors voted anonymously on running the piece or not, with a strong majority voting against publication.

“Like every academic journal, the Harvard Law Review has editorial processes governing how it solicits, evaluates, and determines when and whether to publish a piece,” the Harvard Law Review said in a statement. “An intrinsic feature of these internal processes is the confidentiality of our 104 editors’ perspectives and deliberations. After a full body meeting and vote of the entire membership last week, a substantial majority voted not to proceed with publication.”

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Entirely run by students — Iyer and Shahriari-Parsa, like Eghbariah, attend Harvard Law School — Harvard Law Review is a well-known launch pad for estimable legal and political careers. Barack Obama was the journal president during his time at the law school, and graduates regularly go on to clerkships with Supreme Court justices and jobs at top-tier law firms. With careers potentially on the line, the Harvard Law Review’s decision on Eghbariah’s essay came amid a crackdown in academia, in Ivy League schools and elsewhere, against pro-Palestinian speech following the October 7 Hamas attack and Israel’s subsequent onslaught against the Gaza Strip.

“I can only speculate about the reasons of individual editors,” said Ryan Doerfler, a law professor at Harvard who attended a meeting with Law Review staff about the Palestine article. “What I can observe, though, is that the vote took place amidst a climate of suppression of pro-Palestinian advocacy.”

A second editor who asked for anonymity to speak freely about the process said that fear of backlash played a key role in their personal decision to vote “no” on Eghbariah’s piece. The editor said they found “substantive flaws” in the piece that were exacerbated by a fear among editors that they would have their names and faces plastered on billboard trucks around campus accusing them of being Hamas supporters — something that happened to pro-Palestine Harvard students who signed a controversial open letter.

The editor said substantive flaws are generally removed from pieces prior to publication, but they did not feel such edits would have been possible in this case because of the lack of agreement on underlying facts. “Reasonable scholarly debate couldn’t happen in that context,” they said. “Partly because we’re not at a point in time where that debate can happen without your face being put on a truck.”

Doerfler praised Eghbariah’s draft amid that climate of fear. “It is a forceful piece of legal scholarship,” he said, “and it articulates a position that takes real courage to put forward.”

Eghbariah’s article was published Tuesday night at The Nation , under the headline “The Harvard Law Review Refused to Run This Piece About Genocide in Gaza.”

“Threatens Academic Freedom”

For some of the more than 100 editors at the Harvard Law Review, the delay and subsequent killing of Eghbariah’s piece did not hew to the usual process. In a forthcoming public statement viewed by The Intercept, 25 Harvard Law Review editors objected to the move to squash the essay.

“We are unaware of any other solicited piece that has been revoked by the Law Review in this way,” the editors wrote. “This unprecedented decision threatens academic freedom and perpetuates the suppression of Palestinian voices. We dissent.”

Public Defenders Get Restraining Order to Block Their Own Union From Voting on Gaza Statement

In an interview, the first anonymous Law Review editor told me that they have evaluated “hundreds of submissions” for the journal and that Eghbariah’s essay is “more than just ‘good enough.’” Both this editor and Shahriari-Parsa said that they believe the primary reason for the “no” votes was fear.

“Editors expressed that they supported the piece and wanted to uplift marginalized voices,” the second editor said, “but were voting against publishing it because they were afraid of the consequences and had worked too hard to now risk their futures. Some also expressed concerns that the blowback to the piece would discriminatorily target editors of color more than others.”

Students , writers , and artists speaking out for Palestinian liberation are facing extreme levels of censorship and censure — especially in academia. Columbia University and Brandeis University have suspended the campus chapters of Students for Justice in Palestine and Jewish Voice for Peace on spurious grounds of violating campus protest policy and risks to campus safety. Florida Gov. Ron DeSantis ordered public universities to shut down chapters of the groups. Harvard, too, has faced pressure from major donors to crackdown on pro-Palestinian speech. Students have been doxxed and harassed for writing a letter in the aftermath of October 7 saying Israel’s longtime oppression of Palestinians was “entirely responsible for all unfolding violence.”

“The Law Review specifically had just gone through an incident in which one of its members was doxxed after participating as a safety marshal at a ‘die in’ at the Harvard Business School campus organized by student activists,” said Doerfler, the professor. Doerfler, who had been brought into a meeting with Iyer, Eghbariah, and two Review editors on November 14 to discuss Eghbariah’s essay, said the editor who participated in the “die in” protest has been publicly criticized by a major university donor “as part of his broader criticism of the University’s handling of the crisis.”

“This is exactly the kind of work that good international legal scholarship should do.”

In the essay, Eghbariah argues that the atrocities in Gaza amount to genocide ; he considers the frames used to name Israeli policies in Palestine more broadly and calls for a distinctive legal framework for Palestine. According to Eghbariah, just as “the South African experience brought ‘Apartheid’ into the global and legal lexicon,” the distinctive nature of the domination Palestinians have faced should demand a new category of crime: “Nakba,” the word Palestinians use to describe their dispossession and expulsion at the founding of the state of Israel.

Yale Law School professor Asl? Bâli, an international and human rights law expert who said she has never met or worked with Eghbariah but was sent his essay and aware of the Harvard Law Review situation, said in an interview that the article constituted an “excellent piece of legal scholarship.” She noted that the essay’s arguments are no doubt contested, as is the nature of legal argumentation. “This is exactly the kind of work that good international legal scholarship should do,” she said.

Bâli told The Intercept that in her “quarter century” of experience in legal scholarship, she has never heard of a contracted article, which has gone through the editorial process, being pulled before publication. She said, “I’ve never heard of anything of this sort.”

Update: November 22, 2023 This story has been updated to include a reference to the publication of Eghbariah’s essay in The Nation late Tuesday evening.

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A Critic’s Plea for Maximalism: ‘Crack Us Open Like Eggs’

In her first essay collection, Becca Rothfeld demonstrates that sometimes, more really is more.

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By David Gates

David Gates teaches in the graduate writing program at the University of Montana as well as at the Bennington Writing Seminars.

ALL THINGS ARE TOO SMALL: Essays in Praise of Excess , by Becca Rothfeld

The essays I love favor abundance over economy, performance over persuasion. Zadie Smith’s exemplary “Speaking in Tongues” juggles Barack Obama, Shakespeare, Shaw’s “Pygmalion,” Pauline Kael on Cary Grant, Thomas Macaulay on the Marquess of Halifax and her own “silly posh” speaking voice. Its modest argument, that “flexibility of voice leads to a flexibility in all things,” disappears into the spectacle of a nimble mind reveling in its omnivorous erudition.

The critic Becca Rothfeld’s first collection, “All Things Are Too Small: Essays in Praise of Excess,” is splendidly immodest in its neo-Romantic agenda — to tear down minimalism and puritanism in its many current varieties — but, like Smith, she makes her strongest case in her essays’ very form, a carnival of high-low allusion and analysis. Macaulay, Cary Grant, Obama and a posh accent? Rothfeld will see you and raise you: How about Simone Weil, Aristotle, “Troll 2,” Lionel Trilling, Hadewijch of Brabant (from whom she takes her title), serial killer procedurals, Proust and the Talmud? Not that she neglects Cary Grant; in an essay on love and equality, she filters a smart reading of “His Girl Friday” through the philosopher Stanley Cavell.

Cynthia Ozick (who ought to know) has favorably — and justly — compared Rothfeld to “the legendary New York intellectuals,” though Rothfeld lives in D.C., where she’s the nonfiction book critic for The Washington Post. She’s also an editor at The Point, a contributing editor at The Boston Review, and has published in The New Yorker, The New York Review of Books, The Nation, The Atlantic, The Baffler and The British Journal of Aesthetics. Of course she also has a Substack, and she declares on her website — which links to many splendid pieces not collected in this book — that she’s “perhaps delusionally convinced” she’ll eventually finish her Harvard Ph.D. dissertation in philosophy.

The costive and the envious might wonder if she’s spreading herself too thin, but Rothfeld’s rigor and eloquence suggest that in her case, as the title of one essay has it, “More Is More.” That piece begins in dispraise of “professional declutterers” such as Marie Kondo, whose aesthetic amounts to “solipsism spatialized,” and from whose dream houses “evidence of habitation — and, in particular, evidence of the body, with its many leaky indecencies — has been eliminated.”

But it soon morphs into dispraise of minimalist prose and the “impoverished non-novels” of fashionable writers including Jenny Offill, Ottessa Moshfegh and Kate Zambreno, whose “anti-narratives are soothingly tractable, made up of sentences so short that they are often left to complete themselves.”

Rothfeld, by contrast, leaves no phrase unturned. Her maximalist prose abounds in alliteration — “I recommend bingeing to bursting,” she writes, exhorting us to “savor the slivers of salvation hidden in all that hideous hunger” — as well as such old-school locutions as “pray tell” and “cannot but be offensive.” If these mannerisms sit uneasily next to her f-worded celebrations of sexuality, the dissonance is deliberate, and the unease is a matter of principle.

In “Wherever You Go, You Could Leave,” a takedown of “mindfulness,” Rothfeld reports that when she “decided to live” after a suicide attempt in her first year of college, she rejected the soothing blankness of meditation and concluded that “perturbation is a small price to pay for the privilege of a point of view.”

Despite her disdain for “professional opinion-havers” — among them the columnist Christine Emba, lately also of The Washington Post — she doesn’t mind laying down the law. In the book’s longest essay, “Only Mercy: Sex After Consent,” Rothfeld taxes Emba, author of the best-selling “Rethinking Sex,” with an “appalling incomprehension of what good sex is like.”

So, pray tell. “We should choke, crawl, spank, spew, and above all, surrender furiously, until the sheer smack of sex becomes its own profuse excuse for being.” Some sexual encounters, she continues, “crack us open like eggs” and “we should not be willing to live without them.”

We-shoulding is an occupational hazard of opinion-having, but we need take these pronouncements no more — and no less — to heart than Rothfeld’s paradoxical admiration for both the “beatifically stylized” films of Éric Rohmer and the “magnificently demented” oeuvre of David Cronenberg. Do we agree or disagree with her that Sally Rooney’s novels are overpraised, and that Norman Rush’s “Mating” is really “one of the most perfect novels of the past half century”?

More to the point, do we agree that “the aesthetic resides in excess and aimlessness,” and that extravagance is “our human due”? I’d say no to the former and yes to the latter, but who cares? What counts in these essays is the exhilarating ride, not the sometimes-dodgy destination. William Blake wrote that the road of excess leads to the palace of wisdom; Rothfeld might say that they’re one and the same. No argument there.

ALL THINGS ARE TOO SMALL : Essays in Praise of Excess | By Becca Rothfeld | Metropolitan Books | 287 pp. | $27.99

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Richard H. Fallon, Jr., Review: Of Speakable Ethics and Constitutional Law: A Review Essay , 56 U. Chi. L. Rev . 1523 (1989)(reviewing Michael J. Perry , Morality, Politics, and Law: A Bicentennial Essay (1988)).