Thomas P Gallanis, ‘The Dark Side of Codifying US Trust Law’, 49 ACTEC Law Journal 283 (2024). When legal scholars identify and analyze a social problem, they usually conclude with law reform recommendations for potential adoption by courts or legislatures. In ‘The Dark Side of Codifying US Trust Law’, Professor Thomas Gallanis reboots that familiar template by reversing the inquiry: This superb article evaluates how a reformer’s choice of institutional forum – court versus legislature – can impact the effectiveness of legal intervention. Gallanis presents an intriguing case study that documents the plight of several well-intended trust law reforms which Gallanis contends inadvertently created fertile ground for legislative capture by special interests. Gallanis describes how the political influence of special interests ultimately persuaded state legislatures to alter model legislation in ways that undermined the reformers’ original policy goals … (more)
[Reid Weisbord, JOTWELL, 24 June 2025]
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