Symposium: The Restatement (Third) of Restitution and Unjust Enrichment

Washington and Lee University School of Law and the American Law Institute are pleased to announce a conference on

Restitution Rollout: Restatement (Third) of Restitution and Unjust Enrichment

on February 25, 2011 in Lexington, Virginia.

The American Law Institute (ALI), the leading legal-reform organization in the United States, restates basic legal subjects to inform the legal profession what “the law” is in a particular subject. In 2010, the ALI approved the Restatement (Third) Restitution and Unjust Enrichment (2011), the subject of theRestitution Rollout.

Restatement (Third) of Restitution and Unjust Enrichment replaces the original Restatement of Restitution, promulgated in 1936. Restatement Third restores the full title, Restitution and Unjust Enrichment, that appeared on the Tentative Drafts of the original Restatement but was dropped when the official text was published, thus emphasizing that the subject matter encompasses the independent body of law of unjust enrichment, and not simply the remedy of restitution.

At the conference, ALI Reporter Andrew Kull and ALI Director Lance Liebman will introduce the Restatement Third of Restitution. They will be joined by leading Restitution and Contracts scholars including Joe Perillo, Lionel Smith, Emily Sherwin, John McCamus, Peter Linzer, and Caprice Roberts, among others.

The event is kindly sponsored by the W&L Frances Lewis Law Center, the American Law Institute, and the W&L Law Review; and CLE credit is available.

Symposium Schedule

8:15 A.M. Continental Breakfast Available in the Moot Court Lobby

8:45 A.M. Welcome and Opening Remarks
Dean Mark Grunewald and Prof. Doug Rendleman

9:00 A.M. Greetings from the American Law Institute
Lance Liebman – Restatement (Third) of Restitution and Unjust Enrichment (R3RUE) and the American Law Institute

9:15 A.M. Session I – Overview and Unjust Enrichment
Moderator – Justice Jack Jacobs

Mike Traynor -The Restatement (Third) of Restitution and Unjust Enrichment: Some Introductory Suggestions
Louis Wolcher – Unjustness and the Unsolicited Benefit
Peter Linzer – Unjust Impoverishment

10:30 A.M. Session II – R3RUE and Contract
Moderator -Douglas Laycock

Joseph Perillo – Restitution in a Contractual Context and R3RUE
Caprice Roberts – Opportunistic Breach-Disgorgement: Exorcizing the Ghosts of Equity
David Campbell – Opportunistic-Efficient Breach: A Relational Critique
Victor Goldberg – Chandler v. Webster – “Frustration” with R3RUE
Richard Brooks – Beyond Ex-Post Expediency—An Ex-ante View of Rescission and Restitution

12:15 P.M. Working Lunch – Keynote Speaker | Andrew Kull

1:30 P.M. Session III – Defense
Moderator – Lance Liebman

John McCamus – Defenses to Restitution in R3RUE
Lionel Smith – Common Law and Equity in the Restatement (Third) of Restitution and Unjust Enrichment Adam Rigoni – The Defense that Shouldn’t be in R3RUE
Anthony Duggan – “Equitable” Restitution in Insolvency
George Roach – Counter Restitution

3:00 P.M. Session IV – Restitution on the cutting edge
Moderator – Brandon Hasbrouck

David Partlett & Russ Weaver – Restitution and the BP Oil Spill
Jim Rogers – Indeterminacy and the Law of Restitution
Candace Kovacic Fleischer – Marvinizing R3RUE and Cohabitants’ Restitution

4:00 P.M. Closing Remarks – Andrew Kull


Online registration is open. Please contact Wendy Rice with additional questions.

Travel and Lodging Information

We have reserved a block of rooms at the Hampton Inn/Col Alto, 401 East Nelson St., Lexington, VA 24450. Please contact them at 540.463.2223 to reserve your room for this event.