Law Commons^™

Front Matter

ACTEC Law Journal

No abstract provided.

Dead Hand Investing: The Enforceability Of Trust Investment Directives, Jeffrey A. Cooper

ACTEC Law Journal

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Estate Tax Deductions For Interest Paid On Loans Taken In Order To Pay Estate Taxes, Daniel Baltuch

ACTEC Law Journal

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Presumed Equal: Shares Of Cotenants, John V. Orth

ACTEC Law Journal

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Representing The Fiduciary: To Whom Does The Attorney Owe Duties?, Kennedy Lee

ACTEC Law Journal

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Front Matter

ACTEC Law Journal

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When Can An Ira Or Qualified Plan Invest In A Closely Held Business?, Noel C. Ice

ACTEC Law Journal

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Remaining Heterogeneity In Trust Investment Law After Twenty-Five Years Of Reform, Trent S. Kiziah

ACTEC Law Journal

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Front Matter

ACTEC Law Journal

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The Gatekeeper Initiative And The Risk-Based Approach To Client Due Diligence: The Imperative For Voluntary Good Practices Guidance For U.S. Lawyers, Kevin L. Shepherd

ACTEC Law Journal

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The Case Against The Trust Protector, Alexander A. Bove Jr.

ACTEC Law Journal

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Innovative Clat Structures: Providing Economic Efficiencies To A Wealth Transfer Workhorse, Paul S. Lee, Turney P. Berry, Martin Hall

ACTEC Law Journal

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A Short, Practical Private Placement Life Insurance Primer: Or Why Estate Planners Need To Understand Things Like Facultative Reinsurance, Richard Kagan, Jon Gallo

ACTEC Law Journal

No abstract provided.

Conference Program

CYBERBULLYING: Policy, Prevention and Intervention (2011)

No abstract provided.

Patrick Peel, The American Justice Of The Peace, Legal Populism, And Social Intermediation: 1645 To 1860, Paper Presented To Conference On Colonies And Postcolonies Of Law, Princeton University (Mar. 18, 2011)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… discussing differences between social role of American and English J.P’s, they were a natural target of damages actions.

Front Matter

ACTEC Law Journal

No abstract provided.

Creed Or Code: The Calling Of The Counselor In Advising Families, Ronald D. Aucutt

ACTEC Law Journal

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Charitable Gifts By S Corporations And Their Shareholders: Two Worlds Of Law Collide, Christopher R. Hoyt

ACTEC Law Journal

This comprehensive article analyzes the rules that apply to, and the tax planning strategies for, a charitable gift of S corporation stock. It describes the interaction of the laws governing S corporations and tax-exempt organizations and describes the best ways to solve the challenges posed by each set of laws. The article also addresses additional challenges that can occur when specific types of tax-exempt organizations own S corporation stock, notably private foundations, donor advised funds, supporting organizations and ESOPs.

From the perspective of both the donor and the charity, three "bad things" happen when S corporation stock is contributed to …

Achieve The Promise -- And Limit The Risk -- Of Multi-Participant Trusts, John P.C. Duncan, Anita M. Sarafa

ACTEC Law Journal

No abstract provided.

The Howey Test Turns 64: Are Courts Grading This Test On A Curve, Miriam R. Albert

Hofstra Law Faculty Scholarship

Sixty-four years ago, the Supreme Court decided SEC v. WJ Howey, crafting a definition for one form of security, known as an investment contract. The Supreme Court's definition of investment contract in Howey is flexible, consistent with the Congressional approach to defining the broader concept of what constitutes a security. This choice of adopting a flexible definition for investment contract is not without cost, and raises the specter of inconsistent interpretation and/or application by the lower courts that threatens to undermine the utility of the Howey test itself as a trigger for investor protection. The intentional breadth and adaptability …

Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert

Hofstra Law Review

No abstract provided.

Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen

Journal of International Business and Law

The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principal methodological innovations as well as assessing its contributions …

Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda

Hofstra Labor & Employment Law Journal

The recent spate of high profile efforts by state governors to roll back public employee pension rights in light of recent budgetary challenges has shone the light directly on the importance to public employees of the Contracts Clause provisions of the federal and state constitutions. Using as an example the controversial budget repair bill in Wisconsin and the application of the bill’s pension provisions to Milwaukee City employee pension rights, this article has sought to show how, under certain specified circumstances, such legislative attempts may be constitutionally impermissible if such laws substantially impair employee contracts with the state without the …

Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert

Hofstra Labor & Employment Law Journal

This article discuss three books that address various aspects of public sector labor history. It seeks to contextualize the current debate over public sector labor law and relations through the lessons of relevant history. The first book discussed is entitled The Man Who Saved New York: Hugh Carey and the Great Fiscal Crisis of 1975, by Seymour P. Lachman and Robert Polner. It recounts the leadership of Governor Carey and public sector labor leaders in reaching negotiated solutions through collective bargaining that helped solve New York City's fiscal crisis in 1975. The second book is a long-forgotten 1948 treatise Government …

The Judiciary's Efforts To Save Public Employers From The Bargains They Have Made: The Non-Delegability And Against Public-Policy Doctrines, James A. Shaw

Hofstra Labor & Employment Law Journal

No abstract provided.

Coming Out To Fight For Our Country: Achieving Equality For Gay Service Members In A Post-"Dont Ask, Don't Tell" Military, Ashley L. Behre

Hofstra Labor & Employment Law Journal

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Speak The Truth And Tell No Lies: An Update For The Employee Polygraph Protection Act, David Barnhorn, Joey E. Pegram

Hofstra Labor & Employment Law Journal

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Genetic Information Nondiscrimination Act Of 2008: It's In Title Vii's Genes, Phillip K. Vacchio, Joshua L. Wolinsky

Hofstra Labor & Employment Law Journal

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The Strongest Defense You've Never Heard Of: The Constitution's Federal Enclave Doctrine And Its Effect On Litigants, States, And Congress, Emily S. Miller

Hofstra Labor & Employment Law Journal

No abstract provided.

The Future Of The Legal Profession: The New York City Corporation Counsel's Perspective On The Challenges And Opportunities Ahead, Michael A. Cardozo

Hofstra Law Review

No abstract provided.