Legal Commentary

I too have shipped a solo effort out to the law reviews very recently.  It is entitled Friends as Fiduciaries and an abstract is pasted below.  I'll upload it to SSRN upon placement:

The 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 betrayed friends certain kinds of remedies that are most appropriate for achieving justice within that dispute context. This is not the first Article to make an effort to expand the reach of the fiduciary concept into new sorts of relationships that are not always considered within the ambit of fiduciary duty law. But the case for thinking of friends as fiduciaries is exceedingly persuasive and underappreciated, both in the law and in our lives.

This article is the first effort to address the "second generation" inquiries posed by my "friendship & the law" research agenda.  The "first generation" questions about whether the research agenda is worthwhile at all (in the way I hope to pursue it, anyway) are tackled in two previous works:  Friendship & the Law, 54 UCLA L. Rev. 631 (2007) and Friends and the Law: Can Public Policy Support the Institution of Friendship?, 145 Pol?y Rev. 55 (2007).  This summer I hope to draft another part of this research agenda in an article entitled Friendship as Relational Contract.