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Articles 1 - 19 of 19
Full-Text Articles in Law
Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin
Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin
Articles & Chapters
This paper is an expansion of a presentation given by the author at the annual Therapeutic Jurisprudence Workshop at Osgoode Hall Law School, York University, Toronto, Ontario, Canada, October 15, 2016. There is a developing robust literature about mental health courts (MHCrts) in the United States, and researchers have begun to focus on a broad range of empirical issues, such as the extent to which defendants are competent to waive their trial rights in such settings, the significance of diversion, etc. Also, advocates and other scholars have engaged in vigorous debates about the value of these courts, and the extent …
Social Control Of Wealth In Antebellum New York, William P. Lapiana
Social Control Of Wealth In Antebellum New York, William P. Lapiana
Articles & Chapters
No abstract provided.
An Empirical Study Of Modification And Termination Of Conservation Easements: What The Data Suggest About Appropriate Legal Rules, Gerald Korngold, Semida Munteanu, Lauren Smith
An Empirical Study Of Modification And Termination Of Conservation Easements: What The Data Suggest About Appropriate Legal Rules, Gerald Korngold, Semida Munteanu, Lauren Smith
Articles & Chapters
The acquisition of conservation easements by nonprofit organizations (“NPOs”) over the past twenty-five years has revolutionized the preservation of American land. Recently, however, legislatures, courts, practitioners, and commentators have debated whether and how conservation easements should be modified and even terminated. The discussion has almost always been on a theoretical level without empirical grounding and has sometimes generated much heat but little light. The discussion has lacked the necessary empirical context to allow legislatures and courts to thoughtfully develop resolutions to these issues free from sloganeering and posturing.
This article provides and analyzes a previously uncollected dataset that offers guidance …
Irwin V. Gavit: Income Is (Sometimes) In The Eye Of The Beholder, William P. Lapiana
Irwin V. Gavit: Income Is (Sometimes) In The Eye Of The Beholder, William P. Lapiana
Articles & Chapters
No abstract provided.
Filling In The Blanks, William P. Lapiana
In Re Gilmore, Andrew C. Thompson '13
Sharia-Compliant Wills: Principles, Recognition, And Enforcement, Omar T. Mohammedi
Sharia-Compliant Wills: Principles, Recognition, And Enforcement, Omar T. Mohammedi
NYLS Law Review
No abstract provided.
Does “Defalcation” By A Fiduciary, Rendering A Debt Nondischargeable, Include Unknowing Breach Of The Duty Of Loyalty? (Bullock V. Bank Champaign, N.A.), Marshall E. Tracht
Does “Defalcation” By A Fiduciary, Rendering A Debt Nondischargeable, Include Unknowing Breach Of The Duty Of Loyalty? (Bullock V. Bank Champaign, N.A.), Marshall E. Tracht
Other Publications
CASE AT A GLANCE
Petitioner Randy Curtis Bullock, trustee of a family trust, loaned trust funds to himself, jointly with his mother, for business purposes. These loans were all repaid. A state court entered judgment against him for breach of fiduciary duty, ordering that profits from the loaned moneys be paid to the trust. The Supreme Court must decide whether Bullock’s liability for self-dealing, without conscious misbehavior, is nondischargeable as a “defalcation while acting in a fiduciary capacity.
Inside Wills And Trusts: What Matters And Why, William P. Lapiana
Inside Wills And Trusts: What Matters And Why, William P. Lapiana
Books
Inside Wills and Trusts: What Matters and Why offers students a concise, student-friendly study aid that provides a big-picture view of how all of the essential elements of this field fit together as part of a coherent framework of legal theory and practice. Using a wide variety of pedagogical aids, this new addition to the successful Inside Series offers basic coverage of the main themes of wills and trusts law, focusing on what matters and why, while providing students multiple opportunities for review.
Marriage And Its Alternatives, Jeanine Elbaz
Marriage And Its Alternatives, Jeanine Elbaz
Tribeca Square Press
No abstract provided.
Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin
Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin
Articles & Chapters
Health Law in the Criminal Justice System Symposium
A Sanist Will?, Pamela R. Champine
When The Endowment Tanks, Jeffrey J. Haas
Marriage And The Income Tax Yesterday, Today, And Tomorrow: A Primer And Legislative Scorecard, Ann F. Thomas
Marriage And The Income Tax Yesterday, Today, And Tomorrow: A Primer And Legislative Scorecard, Ann F. Thomas
Articles & Chapters
No abstract provided.
Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield
Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield
Articles & Chapters
The recent revision of the Uniform Probate Code (1990) accepted the "dispensing power" with respect to will execution, revocation, revival, and alteration. Under section 2-503, a will that has not been executed in conformity with the formalities of will execution should nevertheless be admitted to probate if the probate court finds "by clear and convincing evidence" that the decedent intended the document to stand as a will This Article reviews the literature supporting the change in wills acts and examines cases that have considered applying remedies for defectively executed wills. It is argued by the proponents of the dispensing power …
Elder Law In The Nineties, Peter J. Strauss
Elder Law In The Nineties, Peter J. Strauss
Articles & Chapters
The need to reconsider estate planning, placing a greater emphasis on life planning, is the theme of Peter J Strauss's essay. He provides an overview of the status of the elderly in the United States and reminds the reader that the legal profession has not yet adequately addressed the needs of this segment of the population. The life planning components are discussed and corporations are urged to attend to such employee planning needs so as to enhance productivity at work and to improve the quality of their employees' lives.
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Articles & Chapters
No abstract provided.
Contrasting Sources: Court Rolls And Settlements As Evidence Of Hereditary Transmission Of Land Amongst Small Landowners In Early Modern England, Lloyd Bonfield
Contrasting Sources: Court Rolls And Settlements As Evidence Of Hereditary Transmission Of Land Amongst Small Landowners In Early Modern England, Lloyd Bonfield
Articles & Chapters
No abstract provided.
Marriage, Property & The Affective Family [Comments], Lloyd Bonfield
Marriage, Property & The Affective Family [Comments], Lloyd Bonfield
Other Publications
No abstract provided.