Open Access. Powered by Scholars. Published by Universities.®

Estates and Trusts Commons

Open Access. Powered by Scholars. Published by Universities.®

1,988 Full-Text Articles 1,113 Authors 752,116 Downloads 100 Institutions

All Articles in Estates and Trusts

Faceted Search

1,988 full-text articles. Page 35 of 36.

Securitización De Hipotecas, Martin Paolantonio 2010 Universidad de Buenos Aires (UBA)

Securitización De Hipotecas, Martin Paolantonio

Martin Paolantonio

Revisión del marco legal y práctica de la securitización de hipotecas en Argentina, con un apunte sobre la crisis financiera internacional


El Derecho Del Mercado De Capitales, Martin Paolantonio 2010 Universidad de Buenos Aires (UBA)

El Derecho Del Mercado De Capitales, Martin Paolantonio

Martin Paolantonio

Reconstrucción de la disciplina jurídica del mercado de capitales, tomando como base un desarrollo de Bercovitz para España que es un clásico en la materia, con referencias normativas concretas al derecho argentino


Cancelación De "No Cheques" Por Un "No Portador Legítimo", Martin Paolantonio 2010 Universidad de Buenos Aires (UBA)

Cancelación De "No Cheques" Por Un "No Portador Legítimo", Martin Paolantonio

Martin Paolantonio

Comentario sobre un fallo de la Cámara Comercial que autoriza la cancelación de formularios de cheques no integrados, legitimando al banco girado


Hipotecas Y Responsabilidad Limitada (En Enfoque Desde El Análisis Económico Del Derecho), Martin Paolantonio 2010 Universidad de Buenos Aires (UBA)

Hipotecas Y Responsabilidad Limitada (En Enfoque Desde El Análisis Económico Del Derecho), Martin Paolantonio

Martin Paolantonio

Análisis de la responsabilidad limitada e ilimitada del deudor hipotecario, con un enfoque de AED y referencias de derecho comparado


The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow 2010 University of East Anglia

The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow

Christopher Wadlow

In 1918, the United States confiscated virtually all German-owned intellectual property assets within its jurisdiction. Out of 6,000 patents in the chemical field, 4,500 were assigned for a very modest consideration to an newly-established entity, the Chemical Foundation, which was incorporated with the objective of licensing and managing them for the benefit of the United States chemical industry. This article describes the origins and activities of the Chemical Foundation, and considers whether it provides a useful model, or at least useful lessons, for the collective management of patents today.


The Gendered Dimensions Of Inheritance: Empirical Food For Legal Thought, Daphna Hacker 2010 Tel Aviv University

The Gendered Dimensions Of Inheritance: Empirical Food For Legal Thought, Daphna Hacker

Daphna Hacker

No abstract provided.


Soulless Wills, Daphna Hacker 2010 Tel Aviv University

Soulless Wills, Daphna Hacker

Daphna Hacker

No abstract provided.


The Liability Of Accessories Under Statute, In Equity, And In Criminal Law: Some Common Problems And (Perhaps) Common Solutions, Joachim Dietrich 2010 Bond University

The Liability Of Accessories Under Statute, In Equity, And In Criminal Law: Some Common Problems And (Perhaps) Common Solutions, Joachim Dietrich

Law Faculty Publications

This article focuses on accessorial liability under statute, in equity and in criminal law. One of its purposes is to identify some of the common problems that have arisen in determining the liability of accessories in different areas of civil law, whilst drawing some comparisons with the criminal law. It will be argued that the problems that need to be addressed in determining accessorial liability are largely similar in the different contexts, even if they are often formulated in superficially different ways. This article surveys some of the different approaches, though such an overview, of necessity, cannot address (nor attempt ...


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 ...


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 ...


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.


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 ...


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 ...


Digital Commons powered by bepress