Category: Legal Scholarship
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Ancient Mortgages
In Aristotle’s time, a loan of money or other interest secured by land would be marked by a…
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Recent Article: A New Restatement for Trusts
In “Time for a New Restatement,” published in Probate & Property (Jan./Feb. 2026), Professor Thomas Gallanis argues that…
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Recent Article: “Health” in HEMS Means Complete Well-Being
“Health” in HEMS Means Complete Well-Being, by Claudia E. Tordini and Richard S. Franklin, 50 ACTEC 339 (2025).…
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Recent Article: Fetal Personhood and Inheritance by Unborn Children
In Fetal Personhood and Inheritance by Unborn Children, by Alyssa A. DiRusso and Emily Price, 50 ACTEC 279…
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Recent Article: Reforming Grantor Trusts to Raise Revenue
In a recent article, “Reform the Grantor Trust Rules” by Jay A. Soled, 50 ACTEC Law Journal 249…
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Justice David Souter
In follow-up to my earlier post on the work habits of Justice David Souter, the Harvard Law Review’s…
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Recent Article: Obligation and Duty – Two Things or One?
In Obligation and Duty – Two Things or One?, Lionel Smith examines whether obligations and duties are fully…
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Recent Article: Uncontested Trusts in Court
Christopher J. Ryan Jr., David Horton, and Reid Kress Weisbord recently published Uncontested Trusts in Court, Indiana Legal…
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Recent Article: What Should You Owe Your Ex?
By John Morley and Yair Listokin of Yale Law School. From the abstract: “We find that although married…
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Recent Article: Charities and Racial Discrimination
Interesting new article by Thomas Gallanis at George Mason entitled “Is Racial Discrimination Ever Charitable?” Here is part…
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Recent Article: The Nominal Bequest Problem: Why $1 Disinheritance Creates More Problems Than It Solves
Professor Mark Glover’s upcoming article entitled “Nominal Bequests” in the UC Davis Law Review examines the myth that…
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Why Do Personal Injury Attorneys Love Billboards?
In 2024, an estimated $2.5 billion was spent on legal services ads in the United States, according to…
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Recent Article: Taxing Dynasties
Brian Galle, David Gamage, and Bob Lord, in a new law review article entitled “Taxing Dynasties” (forthcoming, 174…
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Recent Article: Administrability Over Testamentary Freedom of Disposition
Kevin Bennardo’s recent article entitled “Administrability Over Testamentary Freedom of Disposition” makes a simple but underemphasized point: the…
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Electronic Wills in North Carolina
North Carolina has not yet adopted electronic wills. Senate Bill 307, introduced in March 2023, would have enacted…