The inheritance system is beset by formalism. Probate courts reject wills on technicalities and refuse to correct obvious drafting mistakes by testators. These doctrines lead to donative errors, or outcomes that are not in line with the decedent’s...
In private mergers and acquisitions deals, parties enter into non-binding preliminary agreements, such as term sheets and letters of intent. These agreements are not contracts—rather, they are signposts for when enough momentum has accumulated that...
This article presents the first comprehensive treatment of the basic and officially “open” question whether Section 1 of the Thirteenth Amendment directly bans the badges and incidents of slavery. Members of the Thirty-Ninth Congress agreed that...
This comment identifies the ways in which female lawyers continue to face discrimination even after they make partner and highlights a serious gap in current antidiscrimination law that perpetuates discrimination against female partners: Courts have...
Prompted by the violent events at the August 2017 white supremacist protest in Charlottesville, Virginia, this article argues that state and local officials have significant latitude to enact and enforce laws that restrict the intimidating display...
Is the United States at risk of democratic backsliding? And would the Constitution prevent such decay? To many, the 2016 election campaign and the conduct of President Donald Trump may be the immediate catalyst for these questions. But structural...