The law of commercial trusts has been taught in universities in London and Cambridge, Sydney and Melbourne, Hong Kong and Singapore, but it is absent from the law schools of the United States. This is a puzzle. Commercial trusts have been prominent in US legal and economic history and today hold trillions of dollars in assets. Indeed, the prominence and behavior of US commercial trusts in the late nineteenth and early twentieth centuries led to our unusual name for what the rest of the world calls ‘competition law’: we call it ‘antitrust’ law. This Essay, prepared for a symposium on the Business Uses of Trusts, has two parts and two objectives. Part I – subtitled ‘Historical Puzzles’ – seeks to explain the absence of learning, teaching, or thinking about commercial trusts in US law schools. Part II – subtitled ‘Future Directions’ – offers reflections on the possible future inclusion of commercial trusts into US legal education and legal thought.
Gallanis, Thomas P, Commercial Trusts in US Legal Thought: Historical Puzzles and Future Directions (April 6, 2019). University of Cincinnati Law Review, volume 88, no 3, 2019.