"Traditional trusts don't take into account that the inflation- adjusted, long-term return from stocks is almost four times the return from bonds, but this does, " says Stephan Leimberg, an adjunct professor at the Villanova University School of Law and author of the New Book of Trusts.

FORBES: In growth we trust

McGinnis is a law professor at Northwestern University and author of the new book, Accelerating Democracy: Transforming Governance through Technology.

FORBES: More Campaign Spending Will Strengthen Our Democracy

The debate takes another twist with a new book by John Lott, a fellow in law and economics at the University of Chicago.

ECONOMIST: Preying on theory

In his new book, Scalia argues interpreting laws and the Constitution properly requires a strict approach to look at the actual text of the law itself.

CNN: Scalia dismisses talk of internal court rancor