As teachers and scholars in the field of Trusts and Estates, we focus on statutes and common law doctrines as the most obvious elements of the law, drawing out both the normative and practical implications of these rules and principles. We also closely examine the progress of the law as captured in the Uniform Acts and Restatements. But virtually no attention is paid to the right of grantors (or testators establishing testamentary trusts) to opt out of default rules and otherwise select governing law, as well as their ability to forum shop. Most fundamentally, if local law has a normative basis, what is the meaning of the freedom to opt out? Are there limits to this freedom embedded in the law itself? How should we incorporate this into our teaching?
Business meeting at program conclusion.