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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 ...


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.


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 ...


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