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State and Local Government Law

2003

Property

Articles 1 - 2 of 2

Full-Text Articles in Law

Rethinking Theft Crimes In Virginia, John G. Douglass Jan 2003

Rethinking Theft Crimes In Virginia, John G. Douglass

Law Faculty Publications

In sum, despite the efforts of the General Assembly, Virginia law remains stuck between the "rock" of antiquated theft crimes and the "hard place" of due process. Tinkering with procedural rules merely masks the real problem. My aim in this article is to suggest a different approach. It is time to address the substantive definition of theft crimes in Virginia: to consolidate the crimes of larceny, embezzlement, and false pretenses-as most other American jurisdictions have done into a single offense. By dealing with substance rather than procedure, we can eliminate historical distinctions which serve only to confound prosecutors and complicate …


The Rise Of The Perpetual Trust, Jesse Dukeminier, James E. Krier Jan 2003

The Rise Of The Perpetual Trust, Jesse Dukeminier, James E. Krier

Articles

For more than two centuries, the Rule against Perpetuities has served as the chief means of limiting a transferor's power to tie up property by way of successive contingent interests. But recently, at least seventeen jurisdictions in the United States have enacted statutes abolishing the Rule in the case of perpetual (or near-perpetual) trusts. The prime mover behind this important development has been the federal Generation-Skipping Transfer Tax. This Article traces the gradual decline of the common law Rule against Perpetuities, considers the dynamics behind the recent wave of state legislation, examines the problems that might result from the rise …