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Integrating Marital Property Into A Spouse’S Elective Share, Raymond C. O'Brien 2010 The Catholic University of America, Columbus School of Law

Integrating Marital Property Into A Spouse’S Elective Share, Raymond C. O'Brien

Scholarly Articles and Other Contributions

First, this Article begins with history, as this forms the basis of electiveshare law. It is necessary to begin with the historical basis of a spouse's right to support, and then proceed to examine how and why a spouse obtained a share of the property acquired during marriage. Second, because a spouse's rights at death were often very different from those that a spouse would obtain at divorce, it is necessary to explain the various judicial and statutory models adopted by the states to provide a modicum of protection to a surviving spouse at death. There are many ...


Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy? (Symposium) (With J. Tyler), Evelyn Brody 2010 IIT Chicago-Kent College of Law

Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy? (Symposium) (With J. Tyler), Evelyn Brody

All Faculty Scholarship

Recent years have seen a disturbing increase in legal proposals by the public and government officials to interfere with the governance, missions, strategies, and decision-making of foundations and other charities. Underlying much of these debates is the premise – stated or merely presumed – that foundation and charity assets are “public money” and that such entities therefore are subject to various public mandates or standards about their structure, operations, and policies. The authors’ experiences and research reveal three “myths” that, singly or collectively, underlie claims that charitable assets are public money. The first myth conceives of charities as shadow governments due to ...


The Times They Are Not A-Changin': Reforming The Charitable Split-Interest Rules (Again), Wendy G. Gerzog 2010 University of Baltimore School of Law

The Times They Are Not A-Changin': Reforming The Charitable Split-Interest Rules (Again), Wendy G. Gerzog

All Faculty Scholarship

The article reviews the history of the tax treatment of charitable split interest gifts, explains the inequities that Congress both cured and generated in its 1969 reforms, and proposes solutions that are consistent with the goals of the 1969 legislation. The article discusses variations in the 1969 definition of a charitable split interest, which, because of the enacted statutory language, applies in instances where there is no abuse potential. The inequity produced by that definition penalizes the donor and flouts the rationale behind the 1969 legislation. By contrast, the creation of some required statutory forms of charitable split interests in ...


Graveside Birthday Parties: The Legal Consequences Of Forming Families Posthumously, Browne C. Lewis 2010 Cleveland State University

Graveside Birthday Parties: The Legal Consequences Of Forming Families Posthumously, Browne C. Lewis

Law Faculty Articles and Essays

This essay highlights some of the legal consequences resulting from the widespread availability and use of reproductive technology. The Essay is divided into three parts. Part I examines the steps that must be taken to identify the legal parents of the posthumously conceived children. Part II discussed the reproductive rights of the deceased gamete providers. Since most posthumous reproduction is done using the sperm of dead men, the discussion centers on male reproductive rights. Finally, Part III focuses on the inheritance rights of posthumously conceived children.


Child Trust Fund, Christopher L. Griffin Jr. 2010 William & Mary Law School

Child Trust Fund, Christopher L. Griffin Jr.

Faculty Publications

No abstract provided.


Integrating Catholic Social Thought In Elder Law And Estate Planning Courses: Reflections On Law, Age And Ethics, Lucia A. Silecchia 2010 The Catholic University of America, Columbus School of Law

Integrating Catholic Social Thought In Elder Law And Estate Planning Courses: Reflections On Law, Age And Ethics, Lucia A. Silecchia

Scholarly Articles and Other Contributions

A course in elder law or estate planning encompasses many of the most profound issues that arise in human life: the contemplation of mortality, ambivalent attitudes toward property and its proper distribution, complexities in family relationships, obligations to support loved ones, anticipation of physical or mental challenges, and reflections on one’s desired legacy to loved ones. Although there is much in the Catholic tradition and in the Scriptures themselves that speaks to these questions in an indirect way, this has not often been fully explored because this field may not, on its face, have an obvious connection to religious ...


Fiduciaries With Conflicting Obligations, Steven L. Schwarcz 2010 Duke Law School

Fiduciaries With Conflicting Obligations, Steven L. Schwarcz

Faculty Scholarship

This Article examines the dilemma of a fiduciary acting for parties who, as among themselves, have conflicting commercial interests - an inquiry fundamentally different from that of the traditional study of conflicts between fiduciaries and their beneficiaries. Existing legal principles do not fully capture this dilemma because agency law focuses primarily on an agent’s duty to a given principal, not on conflicts among principals; trust law focuses primarily on gratuitous transfers; and commercial law generally addresses arm’s length, not fiduciary, relationships. The dilemma has become critically important, however, as defaults increase in the multitude of conflicting securities (e.g ...


Message To Congress: Halt The Tax Exemption For Perpetual Trusts, Lawrence W. Waggoner 2010 University of Michigan Law School

Message To Congress: Halt The Tax Exemption For Perpetual Trusts, Lawrence W. Waggoner

Articles

The federal estate tax is in abeyance this year. The popular press has picked up on the possibility that the estates of billionaires such as the late George Steinbrenner, who owned the New York Yankees, will escape the tax. The House Ways and Means Committee, chaired by Representative Sander Levin of Michigan, and the Senate Finance Committee, chaired by Senator Max Baucus of Montana, are now considering two questions: what the maximum rate and exemption will be when the estate tax returns and whether the tax will be reinstated for this year. Lurking behind the headlines but equally important is ...


Immortality And The Law: The Rising Power Of The American Dead, Ray Madoff 2009 Boston College Law School

Immortality And The Law: The Rising Power Of The American Dead, Ray Madoff

Ray D. Madoff

This book takes a riveting look at how the law responds to that distinctly American dream of immortality. While American law provides virtually no protections for the interests we hold most dear—our bodies and our reputations—when it comes to property interests, the American dead have greater control than anywhere else in the world. Moreover, these rights are growing daily. From grave robbery to Elvis impersonators, Madoff shows how the law of the dead has a direct impact on how we live. Madoff examines how the rising power of the American dead enables the deceased to exert control over ...


Practical Guide To Estate Planning, Ray Madoff, Cornelia Tenney, Martin Hall, Lisa Mingolla 2009 Boston College Law School

Practical Guide To Estate Planning, Ray Madoff, Cornelia Tenney, Martin Hall, Lisa Mingolla

Ray D. Madoff

No abstract provided.


Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons 2009 University of South Dakota School of Law

Pooled Trusts: An Introduction And Personal History, Thomas E. Simmons

Tom E. Simmons

A "pooled trust" -- or a (d)(4)(c) trust -- is unique in several ways: (a) A pooled trust is not restricted to individuals under age 65 (although this is under challenge in certain states); (b) A pooled trust can be established by the individual himself/herself; and (c) The at-death "payback" requirement to satisfy the Medicaid lien at a beneficiary's death is stated differently than the payback requirement of a (d)(4)(A) (or "payback") trust. Trusts in other states other my own state of South Dakota have been established to qualify for the special pooled trust benefits. In ...


Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer 2009 Temple University School of Law

Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer

Nancy J. Knauer

The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views ...


Using Podcasts To Support Students In A Land Law Class, Michael LP Lower, Keith Thomas, Annisa Ho 2009 Chinese University of Hong Kong

Using Podcasts To Support Students In A Land Law Class, Michael Lp Lower, Keith Thomas, Annisa Ho

Michael LP Lower

This paper describes the experience of creating and using podcasts to support student learning of land law for JD and LL.M. students in Hong Kong. Podcasting involves preparing a series of audio or video broadcast files for download onto a digital media player by students. Four different types of podcast were prepared for the law class in question. Some were simply podcasts, while others were embedded in PowerPoint slides and converted into flash files using ‘Authorpoint’. Together, the podcasts sought to give students an introduction/ review of the main topics and of the problem questions discussed in class.

The ...


Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo 2009 Florida State University College of Law

Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo

Michael R Dimino

The Widener Law Journal has assembled a dynamic and diverse group of preeminent legal scholars to evaluate and discuss the many engaging, perplexing, and unanswered legal and ethical questions presented by Internet expression. These scholars have focused on two primary topics: (1) issues of constitutional law and criminal procedure that arise with Internet expression, including whether the Internet has increased concerns about invasions of other persons' rights and what regulations are necessary to protect privacy rights; (2) the intersection of Internet expression and property law, including issues of ownership, protectable interests,
and fair use in the realm of intellectual property ...


What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell 2009 University of Oregon

What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell

Caroline A Forell

In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on ...


Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons 2009 University of South Dakota School of Law

Decanting And Its Alternatives: Remodeling And Revamping Irrevocable Trusts, Tom E. Simmons

Thomas E. Simmons

No abstract provided.


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