Law Commons^™

Marital Versus Nonmarital Entitlements, Raymond C. O'Brien

ACTEC Law Journal

The percentage of adult couples living in intimate nonmarital cohabitation continues to increase. The period of cohabitation is most often for a short period of time and entered into for several reasons. But for a small percentage of these and an increasing percentage of longer-term cohabitants, dissolution during life or at death often results in the unjust enrichment of one party. This Article examines methods of redress. In piecemeal fashion, a variety of states enforce nonmarital agreements, written and oral, during lifetime, while some enforce equitable remedies. Very few states enforce contract or equity remedies at death.

The paucity of …

Front Matter

ACTEC Law Journal

No abstract provided.

Gifts In Contemplation Of Death: Why Can't Section 2035 Simply Die?, Stephanie J. Willbanks

ACTEC Law Journal

Income and wealth inequality has become a popular topic. There are a myriad of ways to reduce such inequality utilizing the tax system, either the income tax or the transfer taxes. Revitalizing the estate tax by reducing the exemption amount and adjusting the rate structure would reduce inequality. Much has been written about the viability of the estate tax and possible alternatives. This article does not revisit that analysis. Instead, it assumes that the estate tax will remain a viable component of the overall tax system. It analyzes one small segment of the estate tax – §2035 – and argues …

Drafting Under The Upoaa: Safeguarding Against Elder Financial Exploitation Without Compromising Autonomy, Jessica A. Liebau

ACTEC Law Journal

No abstract provided.

Thou Shalt Vaccinate Thy Children: New York's Attempt To Curb Abuse Of Religious Exemptions, Ryan Boylan

Hofstra Law Review

No abstract provided.

Is Demilitarizing Military Justice An Ethical Imperative For Congress, The Courts, And The Commander-In-Chief?, Dan Maurer

Hofstra Law Review

This symposium introduction to ethics in military justice highlights that professional responsibility norms, expectations, and problems impact and imperial this discipline just as they do in any other criminal justice system. But in such a dizzyingly specialized criminal justice schema, the problems and perils of legal ethics and professional responsibility are both heightened and clouded by their seemingly difficult remoteness. Because the context of military justice implicates -- to various degrees -- national security, and not just individual cases and individual parties, special attention is owed in several critical areas. Political interference in military prosecutions has a long history, and …

A House Divided: The Unique Ethical Dynamic Of Civilian And Military Co-Counsel Relations In Court-Martial Defense, Robert E. Murdough

Hofstra Law Review

No abstract provided.

At The Elbow And Under Pressure: Legal, Military, And Intelligence Professionals, Dakota S. Rudesill

Hofstra Law Review

No abstract provided.

Probable Cause And The Provable Case: Bridging The Ethical Gap That Exists In The Military Justice System, Mitchell M. Suliman

Hofstra Law Review

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

Elder Law: Introduction, Alyssa A. Dirusso

ACTEC Law Journal

No abstract provided.

Covid-19 And Its Impact On America's Retirement System, David English

ACTEC Law Journal

No abstract provided.

Appropriate Housing For Older Clients, Lawrence A. Frolik

ACTEC Law Journal

No abstract provided.

Estate Planning For Retirement Benefits After The Secure Act, Richard L. Kaplan

ACTEC Law Journal

This brief essay examines one of the most significant intersections of Elder Law and Trusts & Estates – namely, distributions from defined contribution retirement plans after the participant dies. Particular attention is paid to recently enacted statutory changes, including the end of so-called “stretch IRAs,” which allowed non-spouse beneficiaries to spread withdrawals from inherited retirement accounts over their lifetimes. This essay also addresses strategic considerations in designating beneficiaries for such accounts.

Safeguarding A Will: Will Deposit Statutes, Alberto B. Lopez

ACTEC Law Journal

No abstract provided.

Medicaid Estate Recovery: Friend Or Foe?, Lisa M. Neeley

ACTEC Law Journal

No abstract provided.

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Mandated Reporter Protections: Missing In Georgia, Micah Barry

Hofstra Labor & Employment Law Journal

No abstract provided.

Remote Work As An Accommodation For Employees With Disabilities, Stacy A. Hickox, Chenwei Liao

Hofstra Labor & Employment Law Journal

No abstract provided.

Weaseling Out Of Weingarten: Why Outsourcing Investigatory Examinations Does Not Obviate Representational Rights Under The Fslmrs, Craig Westergard

Hofstra Labor & Employment Law Journal

The Federal Service Labor Management Relations Statute (hereinafter "FSLMRS") grants covered federal employees the right to union representation at investigatory examinations conducted by "a representative of the agency." While the Supreme Court has defined the term "agency representative" broadly, some courts have permitted agencies to evade the FSLMRS by outsourcing examinations to third parties. This trend is contrary to Supreme Court precedent, the text of the FSLMRS, and the purposes of the statute, and it deprives federal employees of their representational rights. As such, it should be repudiated.

This article first describes the history of unionization and outlines the substantive …

Website Compliance With The Ada: The Demand For Legislation And Defenses For Defendants, Victoria Scaglione

Hofstra Labor & Employment Law Journal

No abstract provided.

Setting The Framework For Biometric Privacy Legislation After The "Big Bang" Of Biometrics In The Workplace, Joshua Valentino

Hofstra Labor & Employment Law Journal

No abstract provided.

Front Matter

Hofstra Law Review

No abstract provided.

Court-Martial Sentences: Time For More Transparency, Christopher E. Martin, Timothy P. Hayes Jr.

Hofstra Law Review

No abstract provided.

A Safe Harbor In The Medicaid Adventure: Lady Bird And Transfer On Death Deeds, Gerry W. Beyer

ACTEC Law Journal

No abstract provided.

Trusts In Guardianship: Using "Family Freeze" Agreements To Resolve Disputes, Gerard G. Brew

ACTEC Law Journal

No abstract provided.

Changing Demographics, Elder Law, And Trusts And Estates, Naomi Cahn

ACTEC Law Journal

No abstract provided.

Serving The Greater Good: Ethical Considerations In Representation Of The Older Population, Jeffrey L. Carson, Brook H. Lester

ACTEC Law Journal

No abstract provided.

Rethinking The Estate Planning Curriculum, Jeffrey A. Cooper

ACTEC Law Journal

As a result of recent changes in Federal estate tax law, fewer and fewer clients need sophisticated estate tax planning. Many lawyers are thus spending less time acting as estate tax planners and instead deploying different skills and expertise.

In this brief article, I explore the extent to which law schools are rethinking their curricula as a result. The discussion proceeds in two parts. First, I discuss the curricular changes I have overseen at the law school at which I teach, setting out both the changes made and the assumptions underlying them. Second, relying on a brief survey of other …

Decanting Snts: Preserving Ssi Eligibility By Avoiding Early Termination Policy, Amy J. Fanzlaw

ACTEC Law Journal

No abstract provided.