This Review has three parts. Part I aims to convey something of the breadth and interest of Hasday’s fascinating new book, foregrounding the role of gender and beginning to touch the subject of trust. Part II delves briefly but widely into the theme of trust, which pervades the book and invites further examination. Part III presents a framework that combines affective trust and epistemic curiosity and applies this framework to illuminate and sort Hasday’s proposals for reform; to critique a recent, dramatic change in the evidentiary treatment of marital confidences; and to devise a novel approach to prenuptial agreements. Throughout, this Review aims to engage and inspire the reader’s own thinking. Together, we’ll make it worth your time. Trust me.
Constitutional Law | Contracts | Law | Legal History | Legal Remedies | Medical Jurisprudence
Elizabeth F. Emens,
On Trust, Law, and Expecting the Worst,
Harv. L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2651