Article: Intercategorical Analysis of Law

Adamn J. Hirsh (University of San Diego) recently published an Article, Intercategorical Analysis of Law, San Diego Legal Studies Paper No. 23-018, 2023. Provided below is an abstract to the Article:

This Article advocates the routine use of intercategorical analysis in lawmaking: When formulating (or revisiting) rules within one legal category, courts, legislators, and codifiers alike should explore analogous doctrines that prevail in related categories. Such exploration may provide lawmakers with both inspiration and data relevant to formulating the doctrine under consideration. The Article offers three, disparate illustrations of how intercategorical analysis could improve our law, regarding (1) nonpossessory liens, (2) formalities for transfers of property, and (3) in rem proceedings for winding up different kinds of estates. The Article also addresses the potential relevance of intercategorical analysis when drawing the boundaries of legal categories. Finally, the Article assesses the risks inherent in intercategorical analysis and relates this mode of analysis to other “law-ands.”

https://lawprofessors.typepad.com/trusts_estates_prof/2023/06/article-intercategorical-analysis-of-law.html