Article

Constitutional Displacement

Timothy Zick
This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War…
Article

Text and Time: A Theory of Testamentary Obsolescence

Events may occur after a will is executed that ordinarily give rise to changes of intent regarding the estate plan — yet the testator may take no action to revoke or amend the original will. Should such a will be given literal effect? When, if ever, should lawmakers intervene to update a will on the testator’s behalf? This is the problem of testamentary obsolescence. It reflects a fundamental, structural problem…
Article

Friends As Fiduciaries

Ethan J. Leib
This Article argues that the law of fiduciary duties provides a good framework for friends to understand their duties to one another better, gives courts a useful set of rhetorical and analytical tools to employ when they are forced to entertain disputes that arise between close friends, and, finally, can help direct courts to furnish betrayed friends certain kinds of remedies that are most appropriate for achieving justice within that…
Note

Unsophisticated Wealth: Reconsidering the SEC’s “Accredited Investor” Definition Under the 1933 Act

Wallis K. Finger