January 2025 Digest
The end of 2024 brought several noteworthy developments in North Carolina’s estate planning and probate law, particularly regarding undue influence and posthumously conceived children. In this digest, I’ll summarize recent North Carolina Court of Appeals cases and share a brief review of two newly published law books. Recent North Carolina Caselaw Recently Published Books
The Legal Puzzle of Daniel and the Lion’s Den
The story of Daniel and the lion’s den often focuses on Daniel’s faith in God. But an interesting and less explored aspect of the story is King Darius’s conception of law. At the heart of the story lies a puzzling question: Why didn’t Darius revoke his decree when he realized it would condemn Daniel? Legal…
Work Habits of John Quincy Adams
John Quincy Adams, the sixth President of the United States, was not only a statesman but also a model of discipline and intellectual rigor. After reading both Harlow Unger’s John Quincy Adams and Randall Woods’s John Quincy Adams: A Man for the Whole People, I’ve compiled some of his most notable work habits: John Quincy…
Work Habits of Learned Hand
After reading Gerald Gunther’s excellent biography of Learned Hand, I’ve compiled some notable work habits and character traits of this influential judge: • Disliked Using the Telephone: Hand preferred written correspondence and was an avid letter-writer.• Daily Walks: He took 4-mile walks through Manhattan to the courthouse every day.• Openness to Different Views: Hand placed…
Legal Interpretation: Stephen Breyer vs. Richard Posner
Stephen Breyer’s latest 2024 book, Reading the Constitution: Why I Chose Pragmatism, Not Textualism, suggests that he has somewhat shifted toward an approach more closely aligned with Richard Posner’s concept of legal pragmatism. In the book, Breyer argues that textualism alone does not produce sound legal decisions. He explains, for example, that not all cases…
