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Education Law: Restatements

Restatements: a portal to the black letter law.


Restatements are an excellent resource to learn more about general black letter law for a specific area.  Most restatements summarize the majority position, provide the black letter law, and also provide some commentary.  However, do not rely on the restatement as the source of authority- restatements only summarize the law.  Also, some rules are not summaries of the black letter law, but are instead recommendations for changes in the law.  Restatements help frame a legal area, but a researcher should still use primary sources to verify the legal standards for a particular legal issue. 

There is no education law restatement, so that might make you wonder when would a Restatement help you with your education law research.  The Restatement is useful if you are researching education law and run into another area of law that is new for you.  For example, you may find that an education law case involved another area of law (e.g., civil litigation) and you want to learn more about that area of law (e.g,. you might use the Restatement of Torts to learn about the general rules for a tort cause of action).   The law is not insular, especially with education law that deals with constitutional issues, contractual issues, tort issues, administrative issues, and employment issues.  Check out the library's collection of Restatements- American Law Institute. Restatements of the law.  The restatements are accessible at the Law Reading Room Low Stacks [non-circulating].    They are also available online.

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