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Maurice A. Deane School of Law at Hofstra University

2004

Common law

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The Folly Of Uniformity? Lessons From The Restatement Movement, Kristen David Adams Jan 2004

The Folly Of Uniformity? Lessons From The Restatement Movement, Kristen David Adams

Hofstra Law Review

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, …