The Article argues that lawmakers ought to recategorize inheritance law and contract law as cognate bodies of doctrine within a larger genus of transfers law. The Article examines comparatively the justifications for freedom of contract and freedom of testation, and concludes that their underlying rationales are largely, although not entirely, symmetrical. This conclusion suggests the usefulness of comparative analysis of substantive limitations imposed on each of the two freedoms, which may prove inconsistent with each other or, what is worse, incompatible to the extent that contractual forms of transfer can functionally substitute for testamentary forms of transfer. In fact, such inconsistencies and incompatibilities do exist within several of the doctrines currently limiting a testator’s freedom to craft an estate plan. These findings suggest the need to reconcile substantive doctrines within the fields of wills and contracts, a process that will require lawmakers to redraw the boundaries of freedom of testation.
Case Comment: Bhogaita v. Altamonte
EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit. Although the case presented many serious [...]
Revisiting Water Bankruptcy
REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself—Governor Jerry Brown issued an unprecedented order to reduce potable urban water [...]
Defying Auer Deference
DEFYING AUER DEFERENCE: SKIDMORE AS A SOLUTION TO CONSERVATIVE CONCERNS IN PEREZ v. MORTGAGE BANKERS ASSOCIATION Nicholas R. Bednar, Volume 100, Lead Articles Editor* On March 9, 2015, the Supreme Court of the United States handed down its decision in Perez v. Mortgage Bankers Association. The Court overturned the D.C. [...]