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Articles 1 - 30 of 47
Full-Text Articles in Law
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary K. Radford
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary K. Radford
Mercer Law Review
This Article examines the major cases decided and legislation enacted from June 1, 2003 through May 31, 2004. The cases and statutes discussed cover the substantive law relating to decedents' estates, trusts, and guardianships, and to the fiduciaries who administer these entities.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
Estate Tax Repeal And The Budget Process, Karen C. Burke, Grayson M.P. Mccouch
Estate Tax Repeal And The Budget Process, Karen C. Burke, Grayson M.P. Mccouch
University of San Diego Law and Economics Research Paper Series
This article examines the Bush Administration’s proposal, as part of its proposed fiscal year 2005 budget, to extend permanently the repeal of the federal estate tax. The article considers the budgetary impact of permanent estate tax repeal and discusses procedural impediments to use of the reconciliation process for permanent tax cuts. The article also notes the possibility of a durable compromise solution involving retention of the estate tax with lower rates and a higher exemption.
Elements Of Estate Planning Ii: With A Mind To Drafting, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Elements Of Estate Planning Ii: With A Mind To Drafting, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Elements of Estate Planning II: With a Mind to Drafting held by UK/CLE in July 2004.
31st Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
31st Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 31st Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2004.
Estate Planning Expert Forward, Lawrence W. Waggoner
Estate Planning Expert Forward, Lawrence W. Waggoner
Other Publications
There is no doubt that a self-help book devoted to financial and estate planning is of much interest to remarried partners, but can such a book be interesting? Jon Fitzpatrick has made his book interesting. This is no ordinary non-fiction book Jon has come up with a unique way of presenting his material: as fiction. The setting for his novel is an adult course conducted at night in a local high school. His players are a couple of lawyers who teach the course and the students in the class. Each chapter addresses the classroom topic for that evening. The dialogue …
Mckinney V. Richitelli: Abandoning Parents And Presumptive Penalties, Eugene H. Soar
Mckinney V. Richitelli: Abandoning Parents And Presumptive Penalties, Eugene H. Soar
North Carolina Central Law Review
No abstract provided.
Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog
Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog
Indiana Law Journal
Harris Lecture, delivered to the faculty and students of Indiana University School of Law-Bloomington on April 7, 2003.
Also see: Hartog, Hendrik. Someday All This Will be Yours: A History of Inheritance and Old Age. Cambridge: Harvard University Press, 2012.
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
ExpressO
The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …
The Hershey Trust's Quest To Diversify: Redefining The State Attorney General's Role When Charitable Trusts Wish To Diversify, Jennifer L. Komoroski
The Hershey Trust's Quest To Diversify: Redefining The State Attorney General's Role When Charitable Trusts Wish To Diversify, Jennifer L. Komoroski
William & Mary Law Review
No abstract provided.
Whose Public?: Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
Whose Public?: Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
All Faculty Scholarship
This piece was inspired by the increasing tendency of State attorneys general – backed up by courts and legislatures – to effectively confiscate the assets of wealthy nonprofits through overreaching enforcement actions. The article develops a legal framework for ascertaining the proper State role. It reviews many case studies including, most notoriously, the thwarted diversification of the Milton Hershey School Trust out of Hershey Foods Corporation (an investment worth over $5 billion) – thereby preserving the local operations of a publicly traded company. While few state attorneys general have the funding and inclination to engage in aggressive charity enforcement, the …
Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario
Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario
All Faculty Scholarship
The attorney's preparation of a testamentary document (hereinafter sometimes referred to as a will or revocable trust) should clearly and accurately reflect the client's last wishes. Although these testamentary documents should reflect the client's intent, they often fall short of accomplishing that goal. There are numerous examples of will and trust construction cases that exhaust tremendous resources in an effort to ascertain the client's wishes or intent. Many of these cases involve the construction of patent and/or latent ambiguities which should have been resolved by appropriate drafting. This article's scope is limited to patent ambiguities caused by the attorney's negligence …
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2003-2004), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2003-2004), J. Rodney Johnson
Law Faculty Publications
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2004 Session. In addition, there were four opinions from the Supreme Court of Virginia that raised issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.
Flexible Fiduciary Accounting From The Outset Of Administration, Robert Whitman
Flexible Fiduciary Accounting From The Outset Of Administration, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Codify -- Not Modify: Creditor Remedies And The Ohio Uniform Trust Code, Alan Newman, Richard E. Davis
Codify -- Not Modify: Creditor Remedies And The Ohio Uniform Trust Code, Alan Newman, Richard E. Davis
Akron Law Faculty Publications
In a number of states that have considered the Uniform Trust Code (“UTC”), Article 5, "Creditor’s Claims; Spendthrift And Discretionary Trusts," has become a flash point of controversy. The prefatory note to the UTC states that much of the UTC is a codification of the common law of trusts, but that it also introduces a number of innovative provisions. UTC critics, on the one hand, claim that more than a hundred years of common law have been tossed aside, giving creditors greatly expanded abilities to reach through once impenetrable barriers that previously protected trust beneficiaries, while supporters, on the other …
Ohio Uniform Trust Code Takes Shape, Alan Newman
Ohio Uniform Trust Code Takes Shape, Alan Newman
Akron Law Faculty Publications
The Uniform Trust Code (UTC) has been under study in Ohio since shortly after its approval by the National Conference of Commissioners on Uniform State Laws in 2000. See, e.g., Susan S. Locke, et. al., Uniform Trust Code, 11 PLJO 49 (Mar./Apr. 2001); David M. English, The Uniform Trust Code (2000) and Its Application to Ohio, 12 PLJO 1 (Sept./Oct. 2001); and David M. English, The Uniform Trust Code (2000) and its Application to Ohio, 30 Capital University Law Review 1 (2000).
Substantial progress has been made towards the adoption of a modified version of the UTC in Ohio. At …
Algunas Consideraciones Sobre El Objeto Social Y La Resolución General 9/2004 De La Inspección General De Justicia, Martin Paolantonio
Algunas Consideraciones Sobre El Objeto Social Y La Resolución General 9/2004 De La Inspección General De Justicia, Martin Paolantonio
Martin Paolantonio
Crítica de la normativa de la autoridad de registro y su interpretación acerca del carácter preciso y determinado del objeto social y su vinculación con el capital de la sociedad
La Necesidad De Acotar El "Activismo" De La Inspección General De Justicia: El Caso "Jasler S.A.", Martin Paolantonio
La Necesidad De Acotar El "Activismo" De La Inspección General De Justicia: El Caso "Jasler S.A.", Martin Paolantonio
Martin Paolantonio
Aproximación crítica al rol del ente de registro de las sociedades y su pretensión de reglamentar las disposiciones de la ley de sociedades comerciales en exceso de sus atribuciones
La Restitución Del Bien Dado En Leasing En El Concurso Preventivo, Martin Paolantonio
La Restitución Del Bien Dado En Leasing En El Concurso Preventivo, Martin Paolantonio
Martin Paolantonio
Nota a un fallo vinculado con el secuestro y restitución de un bien dado en leasing cuando el tomador prestaba un servicio público
Las Garantías De Consistencia Patrimonial En La Compraventa De Acciones, Martin Paolantonio
Las Garantías De Consistencia Patrimonial En La Compraventa De Acciones, Martin Paolantonio
Martin Paolantonio
Análisis de las funciones y efectos de las cláusulas de garantía patrimonial en la compraventa de acciones, incluyendo su incumplimiento
Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
46 p. ; 28 cm
Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
49 p. : map ; 28 cm
Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
59 p. ; 28 cm
Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
56 p. ; 28 cm
Private Lands Conservation In Grenada, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Grenada, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
47 p. ; 28 cm
Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
41 p. ; 28 cm
Private Lands Conservation In The U.S. Virgin Islands, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The U.S. Virgin Islands, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
61 p. ; 28 cm
Private Lands Conservation In Guam, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Guam, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
93 p. ; 28 cm
Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
68 p. ; 28 cm
Private Lands Conservation In The Republic Of The Marshall Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Republic Of The Marshall Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
59 p. ; 28 cm