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Dan Kelly--Toward Economic Analysis of the Uniform Probate Code

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Professor Kelly has authored a new article, Toward Economic Analysis of the Uniform Probate Code. Insights from economics and the economic analysis of law may be useful in analyzing succession law, including intestacy and wills as well as nonprobate transfers such as trusts. After surveying prior works that have examined succession from a functional perspective, I explore the possibility of utilizing tools like (i) transaction costs, (ii) the ex ante/ex post distinction, and (iii) rules versus standards, to illuminate the design of the Uniform Probate Code. Specifically, I investigate how these tools, which legal scholars have employed widely in other contexts, may be relevant
in understanding events like the nonprobate revolution and issues like “dead hand” control; analyzing UPC provisions pertaining to the harmless error rule, reformation, and ademption by extinction; and evaluating law reforms such as proposals to abolish attestation or prevent the disinheritance of children.

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Two NDLS Grads Accept Supreme Court Clerkship Offers

Megan Dillhoff

Shortly after taking the phone call from Associate Justice Samuel A. Alito Jr., Megan Dillhoff became the second NDLS graduate to accept a Supreme Court judicial clerkship for the October 2014 Supreme Court term. Earlier this term, G. Ryan Snyder accepted his clerkship offer from Chief Justice John G. Roberts, Jr.

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