Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Estates and Trusts (14)
- Elder Law (7)
- Health Law and Policy (5)
- Tax Law (5)
- Contracts (4)
-
- Family Law (4)
- Insurance Law (4)
- Taxation-Federal Estate and Gift (4)
- Legal Ethics and Professional Responsibility (3)
- Animal Law (2)
- Common Law (2)
- Comparative and Foreign Law (2)
- Courts (2)
- International Law (2)
- Law and Economics (2)
- Law and Society (2)
- Legislation (2)
- State and Local Government Law (2)
- Torts (2)
- Agency (1)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Disability Law (1)
- Dispute Resolution and Arbitration (1)
- Environmental Law (1)
- Institution
-
- University of Michigan Law School (10)
- Fordham Law School (7)
- Marquette University Law School (7)
- Georgia State University College of Law (6)
- University of Richmond (4)
-
- Pepperdine University (3)
- University of Georgia School of Law (3)
- Maurice A. Deane School of Law at Hofstra University (2)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (2)
- United Arab Emirates University (2)
- Saint Louis University School of Law (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Missouri School of Law (1)
- Vanderbilt University Law School (1)
- Publication Year
- Publication
-
- Michigan Law Review (10)
- Marquette Elder's Advisor (7)
- Fordham Law Review (6)
- Georgia State University Law Review (6)
- University of Richmond Law Review (4)
-
- Georgia Journal of International & Comparative Law (3)
- Pepperdine Law Review (3)
- ProAcademy (2)
- UAEU Law Journal (2)
- ACTEC Law Journal (1)
- Akron Law Review (1)
- Catholic University Law Review (1)
- Fordham Urban Law Journal (1)
- Hofstra Law Review (1)
- Missouri Law Review (1)
- Saint Louis University Journal of Health Law & Policy (1)
- St. Mary's Law Journal (1)
- Touro Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- Vanderbilt Law Review (1)
Articles 1 - 30 of 54
Full-Text Articles in Law
Donative Hot-Powers Cases Under The Uniform Power Of Attorney Act, F. Philip Manns Jr.
Donative Hot-Powers Cases Under The Uniform Power Of Attorney Act, F. Philip Manns Jr.
University of Arkansas at Little Rock Law Review
Among its significant reforms, the Uniform Power of Attorney Act (UPOAA) denies agents nine types of power unless “the power of attorney expressly grants” them. Those so-called “hot powers” relate to delegations of fiduciary authority and to donative transfers of the principal’s property for less than full consideration. The donative hot powers include creating, amending, or terminating a trust; making gifts; creating or changing beneficiary designations; creating or changing rights of survivorship; and waiving or disclaiming property interests. The rationale for requiring the grant of specific authority is the risk those acts pose to the principal’s property and estate plan. …
Insurable Interest In Life Insurance Contract: A Legal Comparative Study Under The Jordanian Civil Law, Dr. Rasha Hattab, Nisreen Mahasneh
Insurable Interest In Life Insurance Contract: A Legal Comparative Study Under The Jordanian Civil Law, Dr. Rasha Hattab, Nisreen Mahasneh
UAEU Law Journal
Insurable Interest has not been dealt with by the Jordanian Civil Law in the course of regulating insurance contracts. In life insurance contracts, the “Insurable Interest” represents the “Benefit” that the “Beneficiary” receives once “Insured Risk” has taken place. As such, “Insurable Interest” becomes a standard in differentiating between gambling and a legitimate contract. Further, it must exist at the time of contract conclusion and remains throughout its implementation. As with some comparative laws, the Civil Code of Jordan contains some forms of protecting the interest in life insurance contracts, such as depriving the beneficiary from the insurance proceeds, if …
The Effects Of Fraud By The Beneficiary Of The Letter Of Guaranty On The Obligation Of The Bank According To Unicitral 1995; A Comparative Study
UAEU Law Journal
The research focuses on the effect of fraud of the beneficiary of the international letters of guarantee on the international commitment of the bank through UNICITRAL rules for 1995. Article 19 of UNCITRAL illustrates the cases where the guarantor is able to waive the payment to the beneficiary. UNICITRAL rules grant the bank the power to refuse payment when the claim of the client is supported by fake documents and so it keeps the balance between the different interests. UNICITRAL rules grant the bank the discretionary authority of the payment. The bank's role to maintain the confidence in the letter …
Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders
Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders
Touro Law Review
No abstract provided.
Max's Taxes: A Tax-Based Analysis Of Pet Trusts, Gerry W. Beyer, Jonathan P. Wilkerson
Max's Taxes: A Tax-Based Analysis Of Pet Trusts, Gerry W. Beyer, Jonathan P. Wilkerson
University of Richmond Law Review
No abstract provided.
Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev
Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev
ProAcademy
In this article•, the issues of entering into letter of credit agreement by business entities in business activities have been discussed.
Transgender Beneficiaries: In Becoming Who You Are, Do You Lose The Benefits Attached To Who You Were, Ashleigh C. Rousseau
Transgender Beneficiaries: In Becoming Who You Are, Do You Lose The Benefits Attached To Who You Were, Ashleigh C. Rousseau
Hofstra Law Review
Suppose William Smith, father of Joseph Smith, executes a will to leave his estate to his children. In his will, the phrase "to my son, Joseph" is used, preceding a bequest for property. Before William dies, Julia embraces her transgender identity, obtains a lawful name change to Julia, obtains a lawful gender marker change, and undergoes sex confirmation surgery. William dies, and his estate is divided. Is Julia still entitled to Joseph's portion of William's estate? In embracing her transgender identity, is she deprived of her right to inherit?
Features Of Ensuring The Fulfillment Of Obligations On The Basis Of The Bank Guarantee, A Khidoyatullaev
Features Of Ensuring The Fulfillment Of Obligations On The Basis Of The Bank Guarantee, A Khidoyatullaev
ProAcademy
This a rticle discusses the issues o n using o f the b a n k g u a ra n te e as security fo r the fulfillm ent o f the oblig atio n .
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
University of Richmond Law Review
No abstract provided.
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
Pin The Tail On The Donkey: Beneficiary Enforcement Of The Medicaid Act Over Time, Jane Perkins
Pin The Tail On The Donkey: Beneficiary Enforcement Of The Medicaid Act Over Time, Jane Perkins
Saint Louis University Journal of Health Law & Policy
During the twentieth century, Congress enacted legislation designed to improve the lives of low-income Americans. A number of these laws were enacted by Congress pursuant to the Constitution’s Spending Clause, including the Medicaid Act, which entitles certain low-income individuals to publicly funded health insurance coverage. As enacted in 1965, the Medicaid Act did not include a provision authorizing the statute’s beneficiaries to bring private enforcement actions in court. Since the early 1970s, however, program beneficiaries relied upon the Constitution’s Supremacy Clause or, more frequently, 42 U.S.C. § 1983 for the cause of action allowing them to obtain relief in court. …
Reforming Healthcare Reform, Jacqueline Fox
Reforming Healthcare Reform, Jacqueline Fox
University of Richmond Law Review
No abstract provided.
Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness
Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness
ACTEC Law Journal
This Article is concerned with the effect of adult adoptions on the inheritance rights (in the broad sense of that term) of adult adoptees. The Article contends many adult adoption statutes assume the existence of a parent-child relationship in which the adopter is the "parent" and the adoptee is a "child" even though this is not true of all adult adoption cases. In addition, legislatures and courts frequently fail to differentiate between "quasi-familial" adoptions and "strategic" adoptions, particularly where inheritance rights are concerned.
Exposing The Hocus Pocus Of Trusts, Kent D. Schenkel
Exposing The Hocus Pocus Of Trusts, Kent D. Schenkel
Akron Law Review
Part II makes the conceptual case for viewing the trust as an elective cost-externalization device. Part III offers the spendthrift trust as the archetypal model for purposes of our analysis, briefly describes the spendthrift trust, and explores its consequences to outsiders to the trust deal. Part IV offers some reasons why the elective externalities of trusts persist. Part V first examines and rejects a couple of approaches to minimizing the externalized costs of trusts that rely on the “bundle of sticks” approach to property interests. It then moves beyond the bundle of sticks approach, settling on a solution based on …
A Trustee’S Fiduciary Duties At The Start And End Of Administration, Robert Whitman
A Trustee’S Fiduciary Duties At The Start And End Of Administration, Robert Whitman
Catholic University Law Review
Prior to the creation of a trust and at its termination, a trustee’s fiduciary duties are often ambiguous. It is argued that, where fiduciary duties do not exist, contract law may be found to govern the rights of the settlor, the trustee, and the beneficiaries. This article refutes this argument because under the principles of modern contract law, certain conduct may be permitted that would not be acceptable if fiduciary duties existed more clearly. The most common problems arise in three areas: (1) the seeking of a receipt and release by a corporate fiduciary upon an informal termination of a …
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
Current Legal Matters Affecting Central Banks, Robert C. Effros
Current Legal Matters Affecting Central Banks, Robert C. Effros
Georgia Journal of International & Comparative Law
No abstract provided.
Observing Observational Status -- Auditors And Inequities
Observing Observational Status -- Auditors And Inequities
Marquette Elder's Advisor
No abstract provided.
Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe
Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe
Pepperdine Law Review
No abstract provided.
Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch
Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch
Pepperdine Law Review
No abstract provided.
Crummey Trusts: An Exploitation Of The Annual Exclusion, Dora Arash
Crummey Trusts: An Exploitation Of The Annual Exclusion, Dora Arash
Pepperdine Law Review
No abstract provided.
Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira, Barbara Freedman Wand
Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira, Barbara Freedman Wand
Marquette Elder's Advisor
In this column Wand explores the advantages and disadvantages of naming a trust as a retirement plan beneficiary. Reasons such as investment management, spendthrift concerns, and second marriages are discussed, as well as the possible loss of tax advantages that might occur. Particular strategies for overcoming obstacles and fulfilling a multitude of requirements are explored.
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
Marquette Elder's Advisor
This column details the nuts and bolds of Medicare, noting that it Medicare is not always as familiar as it should be to beneficiaries, their advisors, or their doctors. This column presents an overview of Medicare's eligibility requirements, coverage, and appeals process.
Special Needs Trusts:Planning Vehicles That Have Come Of Age, John Staunton, Leo J. Govoni
Special Needs Trusts:Planning Vehicles That Have Come Of Age, John Staunton, Leo J. Govoni
Marquette Elder's Advisor
No abstract provided.
Medicare Handbook, Jane M.R. Mulcahy
The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer
The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer
Marquette Elder's Advisor
Increasingly common usage of the secondary market for life insurance policies is discussed in this article which explains the secondary market and describes the benefits of viatical and life settlement firms as well as accelerated death benefits. Changing regulations of the secondary market and suggested ways for counselors to assist clients in specific circumstances are included.
Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski
Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski
Marquette Elder's Advisor
Originally solely a government-administered program, Medicare is now offering options involving private insurers. Private fee-for-service plans may offer additional benefits and lower out-of-pocket costs. These plans are expected to have lower administrative costs, but currently require a government subsidy. Advantages and disadvantages of such plans are discussed, and examples showing detailed cost comparisons of two plans, SmartValue Classic and Humana Gold Choice, are given.
The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.
The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.
University of Richmond Law Review
No abstract provided.
The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson
The Charity Oversight Authority Of The Texas Attorney General., John W. Vinson
St. Mary's Law Journal
The Attorney General of Texas is the only elected official charged with regulating the state’s charitable interest. This duty and authority over charitable assets and entities are comprehensive and unique in themselves. Although the broader state representation role of American attorneys general has evolved considerably and been substantively codified in the statutory law, the area of charity regulations has remained remarkably true to its common law root. This Article will briefly examine the early roots of charity regulation and then discuss the authority and duties of the Attorney General of Texas in the modern context of charity regulation. In Texas, …
The Gambler Breaks Even: Legal Malpractice In Complicated Estate Planning Cases, Martin Begleiter
The Gambler Breaks Even: Legal Malpractice In Complicated Estate Planning Cases, Martin Begleiter
Georgia State University Law Review
No abstract provided.