Purpose Trusts As A Planning Tool For The 21st Century, Thomas E. Simmons, Brad Myers
Sep 2019
Purpose Trusts As A Planning Tool For The 21st Century, Thomas E. Simmons, Brad Myers
Thomas E. Simmons
No abstract provided.
Unwinding Irrevocable Trusts, Thomas E. Simmons
Jun 2019
Unwinding Irrevocable Trusts, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Conflict-Of-Interest-Infected Virtual Representatives And A Cure, Thomas E. Simmons
Dec 2018
Conflict-Of-Interest-Infected Virtual Representatives And A Cure, Thomas E. Simmons
Thomas E. Simmons
The general rule that a person cannot be bound by an agreement or a decree unless she received notice encounters practical difficulties where a person is missing, incompetent, a minor, unascertained, or even unborn. In many trust proceedings, all beneficiaries are necessary parties. But short of appointing a guardian ad litem to represent persons who are difficult to notice, uncertainty and inefficiencies would be encountered were it not for the doctrines of representation and virtual representation. Under these common law doctrines persons -- even if not yet in existence -- can be held to be parties to a proceeding "virtually …
Review Of Humans And Paragons: Essays On Super-Hero Justice, Thomas E. Simmons
Mar 2018
Review Of Humans And Paragons: Essays On Super-Hero Justice, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Homestead: A (New) Hope, Thomas E. Simmons
Dec 2017
Homestead: A (New) Hope, Thomas E. Simmons
Thomas E. Simmons
A finely-tuned balancing of the free functioning of private and commercial enterprise against a family's interests in shelter and a home is at the heart of homestead exemption laws. In South Dakota's history, this balancing act has been displayed over a 145-year history in the form of legislative enactments, judicial decisions, and referendums. This history illuminates the expression of values against the dynamics of rule-making. A previously published article in this review, Prequel to Homestead, outlined South Dakota's homestead laws under the contemporary statutory framework and also considered the constitutional history of homestead laws leading up to South Dakota's …
Dispensing (With) Electronic Wills, Thomas E. Simmons
Dec 2017
Dispensing (With) Electronic Wills, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
A Will For Willa Cather, Thomas E. Simmons
Dec 2017
A Will For Willa Cather, Thomas E. Simmons
Thomas E. Simmons
Artists hold their creative works dear. Whether paintings, poems, or songs, their human creators treat them with special care and often desire that same care be exercised after death. Some may wish to ban the use of a song in a television commercial. Others may wish to stop their novel from being turned into an animated Disney movie. But directing particular uses of property from the grave can be met with several objections and legal impediments. The objections sound in alarmist responses to “dead hand control.” The impediments include the Rule Against Perpetuities, uncertainty, capriciousness, and the repugnancy of restraints …
Income Tax Concerns With Purpose Trusts, Thomas E. Simmons
Dec 2017
Income Tax Concerns With Purpose Trusts, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Post-Obit Ada Claims, Thomas E. Simmons
Oct 2017
Post-Obit Ada Claims, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Introducing Virtual Representation, Thomas E. Simmons
Oct 2017
Introducing Virtual Representation, Thomas E. Simmons
Thomas E. Simmons
The general rule that a person cannot be bound by an agreement or decree unless she received notice encounters practical difficulties where a person is missing, incompetent, a minor, unascertained, or even unborn. All beneficiaries are necessary parties in a trust proceeding. But short of appointing a guardian ad litem to represent persons who are difficult to notice, uncertainty and inefficiencies would be encountered were it not for the doctrine of virtual representation. Under the doctrine of virtual representation, persons - even if not yet in existence - can be held to be parties to a proceeding or an agreement …
To Authorize Sex With Oneself Via Proxy Or Advance Directive, Thomas E. Simmons
Sep 2017
To Authorize Sex With Oneself Via Proxy Or Advance Directive, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Future Interests? Meet Chattels!, Thomas E. Simmons
Feb 2017
Future Interests? Meet Chattels!, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Book Review: Shakespeare And Judgment, Thomas E. Simmons
Dec 2016
Book Review: Shakespeare And Judgment, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Leach V. Hyatt: Recasting Indefiniteness, Thomas E. Simmons
Dec 2016
Leach V. Hyatt: Recasting Indefiniteness, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Wrongful Death Conflicts For Plaintiffs' Attorneys, Thomas E. Simmons
Dec 2016
Wrongful Death Conflicts For Plaintiffs' Attorneys, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
When Robots Trespass, Thomas E. Simmons
Dec 2016
When Robots Trespass, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
A Chinese Inheritance, Thomas E. Simmons
Dec 2016
A Chinese Inheritance, Thomas E. Simmons
Thomas E. Simmons
The cultural values of a society are often discernible in its laws of succession and intestacy. These laws govern the distribution of a decedent's estate when there is no estate plan in place. Intestacy schemes typically reflect basic societal values. Yet, perhaps remarkably, the laws of intestacy bear consistency across various countries, continents, and cultures, rewarding the closest surviving family members. Upon closer examination, unique characteristics also emerge. The most startling characteristic of Chinese inheritance law is its willingness to invoke judicial review of an heir's conduct in settling upon distribution percentages to govern intestacy. American succession law also considers …
Prequel To Homestead, Thomas E. Simmons
Dec 2016
Prequel To Homestead, Thomas E. Simmons
Thomas E. Simmons
Homestead laws reflect value judgments which balance the free functioning of commercial enterprise and business transactions against a family's interests in shelter and a home. In South Dakota's history, this tension has been displayed in legislative enactments, judicial reasoning, and even statewide referendums. An examination of the significant events at two ends of this chronology reveals the expression of societal values in law and the dynamics of the pre-statehood origins of homestead laws in the context of competing policies and interests. This article proceeds by outlining the general purposes and sources for homestead laws, followed by a sketch of existing …
Actuarial Soundness, The Meaning Of "Commensurate," And A "Sniff Test", Thomas E. Simmons
Dec 2016
Actuarial Soundness, The Meaning Of "Commensurate," And A "Sniff Test", Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Ubit Me!, Thomas E. Simmons
Dec 2016
Ubit Me!, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Pregnancy, Thomas E. Simmons
Oct 2016
Pregnancy, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Donative Trusts And Equity At Common Law, Thomas E. Simmons
Jun 2016
Donative Trusts And Equity At Common Law, Thomas E. Simmons
Thomas E. Simmons
The historical evolution of express donative trusts in the English Middle Ages down to today both explains and frames the basic elements of a common law trust. Today, trusts in common law countries - and also in many civil law jurisdictions with the exception of China - are utilized in the private donative context to preserve and administer family wealth in ways not otherwise achievable. This paper outlines the basic elements of a common law donative trust from a functional perspective, explaining how trust work as a form of gratuitous transfers and why,
Killer Robots: An Apologia, Thomas E. Simmons
Mar 2016
Killer Robots: An Apologia, Thomas E. Simmons
Thomas E. Simmons
In Forrest Gump, Gary Sinise played the character of Lieutenant Dan Taylor, a physically and psychologically wounded Vietnam War veteran. In the more than twenty years since the movie was released, Sinise has leveraged the emotional resonance of his character to support various veterans’ organizations. In recognition of his efforts, he has been named an honorary Navy Petty Officer and an honorary Marine. His Lt. Dan Band (in which Sinise plays bass) is named after the character that he made famous.
There are many voices in the contemporary debate over lethal autonomous weapons systems and whether their use should …
Mapping Chinese Trusts With A Patrimony Compass, Thomas E. Simmons
Jan 2016
Mapping Chinese Trusts With A Patrimony Compass, Thomas E. Simmons
Thomas E. Simmons
Review of: Kai Lyu, Re-Clarifying China's Trust Law: Characteristics and New Conceptual Basis, 36 Loy. L.A. Int'l & Comp. L. Rev. 447 (2015).
The Unfortunate Provincialism Of The Space Resources Act, Thomas E. Simmons
Jan 2016
The Unfortunate Provincialism Of The Space Resources Act, Thomas E. Simmons
Thomas E. Simmons
This article discusses aspects of the Space Resource Exploration and Utilization Act of 2015, namely exclusion of non-US citizens and companies from extraterrestrial resource rights.
Intersectionality Problems With Gendered Disability Discrimination, Thomas E. Simmons
Dec 2015
Intersectionality Problems With Gendered Disability Discrimination, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Sexbots; An Obloquy, Thomas E. Simmons
Dec 2015
Sexbots; An Obloquy, Thomas E. Simmons
Thomas E. Simmons
Sexbots may displace humans in the sex trade (or on a wider scale) sometime between the 2020s and the 2050s. Although some perquisites may derive from the proliferation of sexbots (lower levels of sexually transmitted diseases, for example), significant social harms can also be predicted. In anticipation of those harms, lawmakers may endorse targeted regulation or outright bans. The uncertain limits of Lawrence v. Texas and its progeny of sex-toy decisions will present vague constitutional shoals to these aims. The legislating-of-sexbots crusade will also make for strange bedfellows, politically speaking, as social conservatives aiming to maintain traditional values ally with …
Wills Above Ground, Thomas E. Simmons
Dec 2015
Wills Above Ground, Thomas E. Simmons
Thomas E. Simmons
The widespread adoption of electronic court filing systems allow for easier and more efficient views of the rich data of probate proceedings. Wills Law on the Ground by Professor David Horton, published in the UCLA Law Review, highlights both the potential and some of the inherent limitations of empirical research in the law of wills. Wills law has been the battleground of formalists and functionalists over the last half century, with both sides bearing the banner of testator intent, but neither backing up their proposals or counterproposals with much hard data about which better achieves their common aim. Professor Horton …
The Wrongheadedness Of The Poms Pooled Trust Rules And An Unfortunate But Recently Noted Chinese Parallel, Thomas E. Simmons
Dec 2015
The Wrongheadedness Of The Poms Pooled Trust Rules And An Unfortunate But Recently Noted Chinese Parallel, Thomas E. Simmons
Thomas E. Simmons
Supplemental needs trusts of the pooled trust variety have offered important dignity-enhancing protections for individuals with disabilities for several decades. A pooled trust, properly structured according to Congressional requirements, allows the wealth of an individual with disabilities to be overseen by an independent third party trustee, supplementing without displacing means-tested government programs like Medicaid and Supplemental Security Income. Beginning in 2012, the Social Security Administration imposed new burdensome requirements on pooled trusts through its informal POMS manual. Those new requirements have intentionally or unintentionally eliminated as a practical matter the availability of pooled trusts in many states. This unfortunate result …
"Granny Goes To Jail" Redux, Thomas E. Simmons
Dec 2015
"Granny Goes To Jail" Redux, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
