Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
How To Sue An Asue? Closing The Racial Wealth Gap Through The Transplantation Of A Cultural Institution, Cyril A.L. Heron
How To Sue An Asue? Closing The Racial Wealth Gap Through The Transplantation Of A Cultural Institution, Cyril A.L. Heron
Michigan Journal of Race and Law
Asues, academically known as Rotating Savings and Credit Associations (or ROSCAs for short), are informal cultural institutions that are prominent in developing countries across the globe. Their utilization in those countries provide rural and ostracized communities with a means to save money and invest in the community simultaneously. Adoption of the asue into the United States could serve as the foundation by which to close the racial wealth gap. Notwithstanding the benefits, wholesale adoption of any asue model runs the risk of cultural rejection because the institution is foreign to the African American community.
Drawing upon principles of cultural and …
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Sharo M Atmeh
American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predi-cate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to ab-andon the insurable interest doctrine. As both the English and Aus-tralian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …
Is The Lack Of Trusts An Impediment For Expanding Business Opportunities In Latin America?, Dante Figueroa
Is The Lack Of Trusts An Impediment For Expanding Business Opportunities In Latin America?, Dante Figueroa
ExpressO
The trust is considered one of the most useful legal structures for promoting business in the United States. In Latin America, in contrast, the trust ("fideicomiso") has been used only in limited circumstances in the commercial and financial realms. While the Anglo-American trust is an exceedingly flexible and pragmatic legal tool, the Latin American fideicomiso has been described as a rigid and outdated institution. Business and legal experts have determined that the lack of an Anglo-American-type trust in Latin America is one of the major obstacles that investors face when attempting to do business in the region. In order for …
International Investment And The Prudent Investor Rule: The Trustee's Duty To Consider International Investment Vehicles, Stephen M. Penner
International Investment And The Prudent Investor Rule: The Trustee's Duty To Consider International Investment Vehicles, Stephen M. Penner
Michigan Journal of International Law
Part I of this note will begin with a background of trust and trustees, focusing on the historical development of the trust and the present role of the trustee. Part II presents the Prudent Investor Rule. The problems in trust management which lead to the necessity of the Rule will be explored, as will the evolution of the Rule up to the recent adoption by the American Law Institute of the Third Restatement of Trusts, which is devoted solely to the Prudent Investor Rule. In Part III, the various investment opportunities available to the modern investor will be presented, first …
Book Reviews, Herman L. Trautman, W. Harold Bigham
Book Reviews, Herman L. Trautman, W. Harold Bigham
Vanderbilt Law Review
THE BEST OF TRUSTS AND ESTATES-ESTATE PLANNING
There are one hundred and four articles arranged in eight chapters entitled, "Estate Planning-A Panoramic View," "Using the Marital Deduction, "Income Tax Planning, " "Making the Most of Gifts,""Minimizing Administration Problems," "How to Handle Business Interests," "Arranging Life Insurance," and "Drafting Wills and Trusts." The citation and date of the original publication of each article is stated, and in many instances there is an addendum by the author which brings the article up to the date of the book. In addition there are excellent introductory commentaries by the editors at the beginning of …
The Liability Of Trustees Under The West Virginia Trust Investment Statute, W. L. Fugate
The Liability Of Trustees Under The West Virginia Trust Investment Statute, W. L. Fugate
West Virginia Law Review
No abstract provided.
Trusts--Deposit Of Trust Funds In Trustee's Private Account--Liability Of Bank For Subsequent Misappropriation, N. E. S.
West Virginia Law Review
No abstract provided.
Trusts-Banks And Banking-Set-Offs Against Trust Funds
Trusts-Banks And Banking-Set-Offs Against Trust Funds
Indiana Law Journal
No abstract provided.
Trusts--Distinction Between Debt And Trust Arrangement In Bank Deposit, C. A. P. Jr.
Trusts--Distinction Between Debt And Trust Arrangement In Bank Deposit, C. A. P. Jr.
West Virginia Law Review
No abstract provided.