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Full-Text Articles in Law

It's Time To Reform Donor Advised Funds, Ray Madoff Dec 2011

It's Time To Reform Donor Advised Funds, Ray Madoff

Ray D. Madoff

In this article, Madoff argues that the current law governing donor-advised funds provides too much of a benefit to donors and sponsoring organizations, without ensuring sufficient benefit to the charitable sector as a whole. Moreover, the current rules undermine the integrity of the tax system by implicating the government in a ‘‘wink and a nod’’ system that disproportionately benefits the wealthy. To remedy these problems, donor-advised funds should be subject to a seven-year payout requirement, and the rules should be revised to ensure that private foundations cannot satisfy their payout obligations simply by making transfers to a donor-advised fund.


Keynote Address: Immortality And The Law, Ray Madoff Nov 2011

Keynote Address: Immortality And The Law, Ray Madoff

Ray D. Madoff

No abstract provided.


What Leona Helmsley Can Teach Us About The Charitable Deduction, Ray D. Madoff Sep 2011

What Leona Helmsley Can Teach Us About The Charitable Deduction, Ray D. Madoff

Ray D. Madoff

When Leona Helmsley, the New York hotel and real estate heiress, died in August 2007, she left a will naming both human and canine beneficiaries. However, one of the unnamed beneficiaries of this estate plan is surely the body of scholars interested in studying the role of philanthropy in the United States. By directing that an estimated $8 billion be used for the benefit of dogs, Mrs. Helmsley brought into high relief policy issues regarding the appropriateness of the unlimited charitable deduction, particularly as it applies to perpetual private foundations.


The Role Of Judicial Discretion In Dispute Settlement, James Andreoni, Ray D. Madoff Sep 2011

The Role Of Judicial Discretion In Dispute Settlement, James Andreoni, Ray D. Madoff

Ray D. Madoff

We consider two common modes of judicial resolution: judicial discretion, where the judge or jury has broad discretion in fashioning a remedy, and winner take all where the remedy is pre-determined by the governing substantive law. We analyze these systems in light of the fact that pre-trial bargainers have been shown to have excessive confidence in their own positions. We find theoretically that winner-take-all rules magnify the effects of over-confidence and diminish the likelihood of settling relative to judicial discretion. We confirm our model with a laboratory experiment showing significantly fewer pre-trial agreements under winner-take-all. These results imply that increasing …


Immortality And The Law, Ray Madoff Aug 2011

Immortality And The Law, Ray Madoff

Ray D. Madoff

No abstract provided.


The Risks And Values Of Dynasty Trusts, Ray Madoff Aug 2011

The Risks And Values Of Dynasty Trusts, Ray Madoff

Ray D. Madoff

No abstract provided.


How Succession Law Shapes Society, Ray Madoff Jul 2011

How Succession Law Shapes Society, Ray Madoff

Ray D. Madoff

No abstract provided.


The Rising Power Of The American Dead, Ray Madoff Apr 2011

The Rising Power Of The American Dead, Ray Madoff

Ray D. Madoff

No abstract provided.


Debate: Should We Allow Perpetual Dynasty Trusts?, Ray Madoff Feb 2011

Debate: Should We Allow Perpetual Dynasty Trusts?, Ray Madoff

Ray D. Madoff

No abstract provided.


Beware Perpetuities!, Ray Madoff Feb 2011

Beware Perpetuities!, Ray Madoff

Ray D. Madoff

No abstract provided.


What The Law Of The Dead Can Tell Us About The Living, Ray Madoff Feb 2011

What The Law Of The Dead Can Tell Us About The Living, Ray Madoff

Ray D. Madoff

No abstract provided.


Immortality And The Law, Ray Madoff Jan 2011

Immortality And The Law, Ray Madoff

Ray D. Madoff

No abstract provided.


Reputation After Death, Ray Madoff Dec 2010

Reputation After Death, Ray Madoff

Ray D. Madoff

No abstract provided.