Prof. A. James Casner

Advisers: Ralph W. Aigler, University of Michigan, for Chapters 1-6; George G. Bogert, University of Chicago, for Chapters 1-6; A. James Casner, University of Illinois, for Chapter 7 and General Revision; Charles E. Clark, Yale University, for all Chapters and General Revision; Everett Fraser, University of Minnesota, for all Chapters and General Revision; Albert C. Jacobs, Columbia University, for Chapters 4-6; J. Warren Madden, University of Pittsburgh, Chapter 7 and General Revision; Oliver S. Rundell, University of Wisconsin, for all Chapters and General Revision; Lewis M. Simes, University of Michigan, Chapters 7-17 and General Revision; Henry Upson Sims, Birmingham, Alabama, for all Chapters and General Revision; Joseph Warren, Harvard University, for Chapters 1-5; Charles C. White, Cleveland, Ohio, for Chapters 1-6.
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Reporters: Richard R. Powell, Columbia University; W. Barton Leach, Harvard University, Special Reporter for Chapter 25; member of Committee for all Chapters; A. James Casner, Harvard University, Associate Reporter for Chapter 23, member of Committee for all Chapters.

At our Annual Meeting in 1978, Professor A. James Casner, the Reporter for the Second Restatement of Property, presented a draft adopting a wait-and-see approach to the vesting requirement of the Rule, which was opposed by Professor Richard R. Powell, Chief Reporter for the first Restatement, and others.18 The two principal protagonists and others marshaled the arguments with cogency, dignity, and mutual respect.
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First, Professor Casner stated his understanding that "the policy of the Institute is no longer, if it ever was, that we are forced to adopt the majority view with respect to an issue that comes before the Institute," and Director Wechsler responded, "It never was."20
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Fourth, the debate also provides a capsule example of Professor Casner's sense of humor.In his introductory remarks, he pointed out a typographical error in the draft, claiming as his only excuse that "our esteemed Director was pushing me all the time to get this through and out, and so I figure if there is any fault he should assume the blame."28 Then, just before receiving a customary round of applause at the end of the debate, and after approval of the Breitel motion, he said, "Thank you all very much for being here.Some of you that made some statements, if you will see me afterwards, I will tell you where you were wrong."29

The next debate I will discuss here also involved Professor Casner and the law of property, specifically, rental property and the warranty of habitability.

In 1978, Professor A. James Casner, Reporter for the Second Restatement of Property, presented in Tentative Draft No. 1 on Donative Transfers a wait-and-see approach to the vesting requirement of the Rule Against Perpetuities.
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Professor Casner responded: "I have remained silent for a longer period of time than I ever remained silent before in my life. (Laughter) I would like to say that, as I understand what Judge Breitel is suggesting, I am in favor of it."