Vol. 86:3
Categories: In Print, In Print - Table of Contents, Volume 86, Volume 86-3 | Posted: January 20, 2009
Archive for the 'Volume 86-3' Category
Constitutional Displacement
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 [...]
Unsophisticated Wealth: Reconsidering The SEC’s “Accredited Investor” Definition Under The 1933 Act
Paris Hilton almost certainly can purchase unregulated securities issued by hedge funds or other private investment vehicles. Although her training and sophistication in the field of high-stakes financial transactions may be limited, the Securities and Exchange Commission (the “SEC” or the “Commission”) would leave her to her own devices if she chose to invest in [...]
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 [...]
Friends as Fiduciaries
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 [...]
