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Kristen David Adams, Blaming the Mirror: The Restatements and the Common Law, 40 Ind. L. Rev. 205 (2007)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, The American Law Institute: Justice Cardozo’s Ministry of Justice?, 32 S. Ill. U. L.J. 173 (2007)Clicking on the button will copy the full recommended citation.
This paper explores an influential reform agenda - the notion of a Ministry of Justice - advanced by Justice Benjamin Nathan Cardozo, one of the American Law Institute's founding members. The article in which Justice Cardozo introduced the concept of a Ministry of Justice was published in the Harvard Law Review the very month that the exploratory committee was formed that ultimately recommended the formation of the American Law Institute, and two years before the Institute itself was founded. This article explores the extent, if any, to which the reform agenda that Justice Cardozo propounded in this famous article was fulfilled by the founding of the Institute.
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Kristen David Adams, Commercial Transactions: A Survey Of United States Law With International Perspective (West Academic Publishing, 2006)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Can Promise Enforcement Save Affordable Housing in the United States?, 41 San Diego L. Rev. 643 (2004)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, The Folly of Uniformity: Lessons from the Restatement Movement, 33 Hofstra L. Rev. 423 (2004)Clicking on the button will copy the full recommended citation.
This article examines the unique application of the Restatements as de facto common law in the Virgin Islands. Applying an evolutionary biology metaphor, the article examines the way in which this decision by the Virgin Islands Senate may have made a substantive difference in the common law as it developed in the Virgin Islands. Part of the point of this article is that the Senate's decision may have implications that reach beyond the Virgin Islands. The purpose of this article is to provide some guidance to judges so that they may act more purposefully in choosing to follow the Restatements, ensuring that the resultant body of law reflects the dynamism, concerns of fit and fairness, and deliberate decision-making that are ultimately so important to the authority of law.
The article concludes by recommending that courts take seriously the way in which the Restatements have changed since their inception, and not simply apply them automatically, as many have done. The article also recommends that courts take seriously the way in which Restatement created common law like that in the Virgin Islands may be substantively different from that which is developed in a more traditional fashion. Looking at some of the excellent judicial approaches that have been crafted in the Virgin Islands both clearly illustrates the potential problem with the automatic application of any Restatement and provides valuable guidance in creating a meaningful solution.
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Kristen David Adams and Christen Civiletto Carey, The Practice of Law School: Getting in and Making the Most of Your Legal Education (ALM Media, LLC, 2003)Clicking on the button will copy the full recommended citation.
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Kristen D.A. Carpenter, Promise Enforcement in Public Housing: Lessons from Rousseau and Hundertwasser, 76 Tul. L. Rev. 1073 (2002)Clicking on the button will copy the full recommended citation.
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Kristen D.A. Carpenter, The International Covenant on Civil and Political Rights: A Toothless Tiger?, 26 N.C. J. Int'l L. & Com. Reg. 1 (2000)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Interstate Gambling: Can States Stop the Run for the Border?, 44 Emory L.J. 1025 (1995)Clicking on the button will copy the full recommended citation.