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Articles 1 - 8 of 8
Full-Text Articles in Law
On Becoming Charitable: Predicting And Encouraging Charitable Bequests In Wills, Kristine Knaplund
On Becoming Charitable: Predicting And Encouraging Charitable Bequests In Wills, Kristine Knaplund
Kristine Knaplund
On Becoming Charitable: Predicting and Encouraging Charitable Bequests in Wills Kristine S. Knaplund, Professor of Law What causes people to leave their property to charity in their wills? Many scholars have explored the effects of tax laws on charitable bequests, but now that more than 99% of Americans’ estates are exempt from federal taxes, what non-tax factors predict charitable giving? This Article explores charitable bequests before the federal estate tax and a deduction for charitable bequests were enacted by Congress. By examining two years of probate files in Los Angeles and St. Louis, in which 16.6% of St. Louis testators, …
Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund
Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund
Kristine Knaplund
Jus Sanguinis: Determining Citizenship for Assisted Reproduction Children Born Overseas Professor Kristine S. Knaplund Abstract The United States has long followed the English common law view that citizenship can be attained at birth in two ways: by being born in the U.S. (jus soli), or by being born abroad as the child of a U.S. citizen (jus sanguinis). The first, jus soli, is now part of the 14th amendment to the U.S. Constitution: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.” …
Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund
Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund
Kristine Knaplund
Jus Sanguinis: Determining Citizenship for Assisted Reproduction Children Born Overseas Professor Kristine S. Knaplund Abstract The United States has long followed the English common law view that citizenship can be attained at birth in two ways: by being born in the U.S. (jus soli), or by being born abroad as the child of a U.S. citizen (jus sanguinis). The first, jus soli, is now part of the 14th amendment to the U.S. Constitution: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.” …
The New Uniform Probate Code's Surprising Gender Inequities, Kristine Knaplund
The New Uniform Probate Code's Surprising Gender Inequities, Kristine Knaplund
Kristine Knaplund
The new Uniform Probate Code provisions on assisted reproduction include the five critical elements needed to address the broad range of issues in current law and practice, and in general the provisions work well. But as the sections now stand, they pose a delicious irony regarding children conceived and born long after a parent’s death: they allow a woman, especially a married woman, to alter the property distribution of a man’s estate by having a postmortem conception child, but accord very few men the same power. After centuries of laws giving men complete control over their wives’ property, perhaps the …
The New Uniform Probate Code's Surprising Gender Inequities, Kristine Knaplund
The New Uniform Probate Code's Surprising Gender Inequities, Kristine Knaplund
Kristine Knaplund
The new Uniform Probate Code provisions on assisted reproduction include the five critical elements needed to address the broad range of issues in current law and practice, and in general the provisions work well. But as the sections now stand, they pose a delicious irony regarding children conceived and born long after a parent’s death: they allow a woman, especially a married woman, to alter the property distribution of a man’s estate by having a postmortem conception child, but accord very few men the same power. After centuries of laws giving men complete control over their wives’ property, perhaps the …
Can The 'Death Tax' Kill Charity Too? The Impact Of Legislation On Charitable Bequests, Kristine Knaplund
Can The 'Death Tax' Kill Charity Too? The Impact Of Legislation On Charitable Bequests, Kristine Knaplund
Kristine Knaplund
The national debate over the federal estate tax has caused fear in American charities over the past ten years, a fear that is likely to continue for the foreseeable future. Since Congress acted in 2001 to repeal the dreaded 'death tax' for one year, for those dying in 2010, charities and individuals have become increasingly concerned about the impact of a repeal on charitable donations. While only a small percentage of charitable gifts come in the form of gifts at death, these few but generous incidents in fact amount to billions of dollars, and are imperative to the operation of …
The Right To Privacy And America's Aging Population, Kristine Knaplund
The Right To Privacy And America's Aging Population, Kristine Knaplund
Kristine Knaplund
As the number of elderly grows significantly, especially those with cognitive impairments, how do we as a society deal with their need for privacy and intimate association? Two critical issues have so far gone unaddressed in the legal literature: the lack of personal freedom suffered by those who move into large assisted living facilities and nursing homes, versus the lack of social support for those who remain in their own homes. While seniors in nursing homes are lectured and ridiculed, even transferred involuntarily, for having a sexual relationship, elderly living alone are being preyed upon by unscrupulous caregivers who know …
The Evolution Of Women's Rights In Inheritance, Kristine Knaplund
The Evolution Of Women's Rights In Inheritance, Kristine Knaplund
Kristine Knaplund
No abstract provided.