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Full-Text Articles in Law
Honoring Rick Mckinney And Llsdc’S Legislative Source Book, Roger V. Skalbeck, Joyce Manna Janto, Kathleen Klepfer
Honoring Rick Mckinney And Llsdc’S Legislative Source Book, Roger V. Skalbeck, Joyce Manna Janto, Kathleen Klepfer
Law Faculty Publications
In this essay, through three vignettes inspired by the Legislative Source Book, we honor Rick McKinney for his role as the collection’s guiding light and leading author. We also provide a list of permanent links suitable for scholarly citation, where major parts of the collection are now archived online.
On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch
On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch
Law Faculty Publications
This Article takes account of the forces that shape revisions of the commercial law and notes the relationship between those forces and the tenor of the resulting codification; Part II peruses Scott's thesis. It responds to his criticism of the UCC drafting and revision processes and describes how uniform commercial law Jurisprudence reveals the incongruities in his analysis. Part III tests Scott's conclusions about private legislatures by considering the realist Jurisprudence of the UCC and compares the UCC's "private legislature" (PL) commercial law to the commercial- law product of a "public legislature," the Bankruptcy Code promulgated by the United States …
Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson
Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson
Law Faculty Publications
This article's thesis is that if it can be established by clear and convincing evidence (i) that a writing was intended to be a will, (ii) that the putative testator had the requisite capacity, and (iii) that the writing was not the product of fraud, duress or undue influence, then the writing ought to be admitted to probate as a will, even though it might fail to comply with some of the formalities contained in the statute of wills. Those who accept this thesis will agree that the present practice ofrequiring strict compliance with the formalities of the statute of …
Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher
Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher
Law Faculty Publications
No abstract provided.
The "Plain English" Trust, J. Rodney Johnson
The "Plain English" Trust, J. Rodney Johnson
Law Faculty Publications
Professor Johnson argues in favor of, and then provides an example of, a trust drafted in "plain English."