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Articles 1 - 30 of 69
Full-Text Articles in Law
Resisting The Contractarian Insurgency: The Uniform Trust Code, Fiduciary Duty, And Good Faith In Contract, Frederick R. Franke Jr.
Resisting The Contractarian Insurgency: The Uniform Trust Code, Fiduciary Duty, And Good Faith In Contract, Frederick R. Franke Jr.
ACTEC Law Journal
No abstract provided.
Charitable Gifts Made By S Corporations: Opportunities And Challenges, Christopher R. Hoyt
Charitable Gifts Made By S Corporations: Opportunities And Challenges, Christopher R. Hoyt
ACTEC Law Journal
This article examines the tax opportunities and tax hazards when a subchapter S corporation makes a charitable gift. The article demonstrates that usually the shareholders of an S corporation and the charity are both better off when an S corporation makes a charitable gift compared to having a shareholder make a charitable gift of S corporation stock. Either way, the income tax benefit will be on the S corporation shareholder's personal income tax return. By having the S corporation make the gift, the parties avoid the "three bad things" that happen when a shareholder donates S corporation stock. The problems …
Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr
Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr
ACTEC Law Journal
No abstract provided.
Protection Of Inherited Iras, James L. Boring, Richard R. Gans, Meghan E. Gearhart, Nancy Schmidt Roush, Susan B. Slater-Jansen
Protection Of Inherited Iras, James L. Boring, Richard R. Gans, Meghan E. Gearhart, Nancy Schmidt Roush, Susan B. Slater-Jansen
ACTEC Law Journal
No abstract provided.
Managing Family Wealth Through A Private Trust Company, Alan V. Ytterberg, James P. Weller
Managing Family Wealth Through A Private Trust Company, Alan V. Ytterberg, James P. Weller
ACTEC Law Journal
No abstract provided.
I Dig It, But Congress Shouldn't Let Me: Closing The Idgt Loophole, Daniel L. Ricks
I Dig It, But Congress Shouldn't Let Me: Closing The Idgt Loophole, Daniel L. Ricks
ACTEC Law Journal
By combining three tools that independently are beneficial to taxpayers, clever estate planners have devised a transaction - the installment sale of discounted assets to an intentionally defective grantor trust - that saves their ultra-wealthy clients millions of dollars in estate and gift taxes. This transaction, which is a foundational part of many estate plans, takes advantage of rules that Congress never intended to be used in this way. Becasue the Internal Revenue Service has conceded its inability to challenge the transaction based on current law, any solution lies with Congress. This Article proposes an amendment to § 2036 that …
Conference Program
Steroid Use, Abuse and Policy Symposium (2010)
No abstract provided.
Conference Program
First Annual Empire State Legal Writing Conference: Spotlight on ...Teaching Legal Writing Effectively (2010)
No abstract provided.
International Law And The Dispute Over The Falkland Islands, Julian Ku
International Law And The Dispute Over The Falkland Islands, Julian Ku
Hofstra Law Faculty Scholarship
No abstract provided.
How One State Reduced Both Crime And Incarceration, Hon. Jonathan Lippman
How One State Reduced Both Crime And Incarceration, Hon. Jonathan Lippman
Hofstra Law Review
No abstract provided.
Labor Law: Labor Initiatives In The New Administration, Holly B. Fechner, Hon. William J. Kilberg, James A. Paretti, William Samuel, Timothy M. Tymkovich
Labor Law: Labor Initiatives In The New Administration, Holly B. Fechner, Hon. William J. Kilberg, James A. Paretti, William Samuel, Timothy M. Tymkovich
Hofstra Labor & Employment Law Journal
No abstract provided.
Cyberterrorism: Are We Legally Ready?, Aviv Cohen
Cyberterrorism: Are We Legally Ready?, Aviv Cohen
Journal of International Business and Law
No abstract provided.
Pirates, Blackwater And Maritime Security: The Rise Of Private Navies In Response To Modern Piracy, Michael L. Mineau
Pirates, Blackwater And Maritime Security: The Rise Of Private Navies In Response To Modern Piracy, Michael L. Mineau
Journal of International Business and Law
No abstract provided.
Commercial Banks In Underwriters And The Decline Of The Independent Investment Bank Model, George J. Papaioannou
Commercial Banks In Underwriters And The Decline Of The Independent Investment Bank Model, George J. Papaioannou
Journal of International Business and Law
No abstract provided.
Better Ways Of Resolving Disputes In Hong Kong; Some Insights From The Lehman Brothers-Related Investment Product Dispute Mediation And Arbitration Scheme, Gary Soo, Yunz Zhao, Dennis Cai
Better Ways Of Resolving Disputes In Hong Kong; Some Insights From The Lehman Brothers-Related Investment Product Dispute Mediation And Arbitration Scheme, Gary Soo, Yunz Zhao, Dennis Cai
Journal of International Business and Law
No abstract provided.
The Public Policy Exception: Has § 1506 Been A Significant Obstacle In Aiding Foreign Bankruptcy Proceedings?, Omer Shahid
The Public Policy Exception: Has § 1506 Been A Significant Obstacle In Aiding Foreign Bankruptcy Proceedings?, Omer Shahid
Journal of International Business and Law
No abstract provided.
The Civil Government Litigator: A View From The Jury Box, Bruce A. Green, Karen Bergreen
The Civil Government Litigator: A View From The Jury Box, Bruce A. Green, Karen Bergreen
Hofstra Law Review
This article examines the role and responsibilities of the government’s civil trial lawyers from the perspective of two jurors, one a law professor and the other a novelist and self-described recovering lawyer. It begins by telling the story of a trial in which the authors served as jurors: a personal-injury case brought against New York City by a tenant who claimed to have been injured when the ceiling of her city-owned apartment fell on her head. The article then explores the role of the city’s lawyer, whose performance failed to live up to the jury’s expectations. The article suggests that …
Lawyering In The Supreme Court, Paul D. Clement
Lawyering In The Supreme Court, Paul D. Clement
Hofstra Law Review
No abstract provided.
The Evolving Role Of Physicians In A Reformed American Health Care System, Gov. Howard Dean
The Evolving Role Of Physicians In A Reformed American Health Care System, Gov. Howard Dean
Hofstra Law Review
No abstract provided.
An Act For All Contexts: Incorporating The Pregnancy Discrimination Act Into Title Ix To Help Pregnant Students Gain And Retain Access To Education, Kendra Fershee
Hofstra Law Review
Few would agree that pregnancy discrimination is a tolerable by-product of a modern society. Yet there is at least one segment of society where pregnancy discrimination can thrive - federally funded schools. Even though Title IX was passed in 1972 to bar discrimination in school based on sex, it is quite possible for schools to discriminate based on pregnancy with little impunity. Worse, those who suffer the discrimination cannot sue for the harms they suffered in federal court, nor can they seek monetary redress, even if they were financially harmed by the discrimination.
The status of Supreme Court precedent, coupled …
Cutting The Party Line: How The Sec Can Silence Persisting Phone Call Tips, Kristen A. Truver
Cutting The Party Line: How The Sec Can Silence Persisting Phone Call Tips, Kristen A. Truver
Hofstra Law Review
No abstract provided.
The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal
The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal
Hofstra Law Review
No abstract provided.
A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein
A View From Inside The Ropes: A Prosecutor's Viewpoint On Disclosing Exculpatory Evidence, Fred Klein
Hofstra Law Review
No abstract provided.
Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon
Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon
Hofstra Law Review
No abstract provided.
Foreword: New Directions In American Health Care: Innovations From Home And Abroad, Janet Dolgin, Rachel Kreier, Corinne Kyriacou
Foreword: New Directions In American Health Care: Innovations From Home And Abroad, Janet Dolgin, Rachel Kreier, Corinne Kyriacou
Hofstra Law Review
No abstract provided.
Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher
Health Reform And Health Equity: Sharing Responsibility For Health In The United States, Erika Blacksher
Hofstra Law Review
No abstract provided.
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Supreme Court Tips Against Individual Rights-Again, Roger B. Jacobs
Hofstra Labor & Employment Law Journal
No abstract provided.
The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver
The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver
Hofstra Labor & Employment Law Journal
When the NLRA was enacted in 1935, 13.2% of workers were union members. Industrial unions used the power provided in the NLRA to organize manufacturing workers and achieve a union membership of 35% by the mid-1950s. Although the NLRA was significantly amended in 1947 and 1959, it has not been meaningfully changed since then. As a result, a statute designed for mass production industries is no longer relevant to the service and white-collar positions occupied by most individuals today. The NLRA must be modified to include independent contractors who work like regular employees and perma-temps hired from employment agencies on …