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Articles 1 - 6 of 6
Full-Text Articles in Law
Sperms And Estates: An Unadulterated Functionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt
Sperms And Estates: An Unadulterated Functionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt
Lee-ford Tritt
The Article argues that the sanguinary nexus test, the dominant standard for determining whether an individual has a right to inherit property when another dies, has become an increasingly frustrating, and arguably arcane, legal tool in light of the diversity of family relationships extant in modern American life. The sanguinary nexus test determines child status based upon ties of “blood.” Considering the evolving notions of family structures and advances in reproductive technologies involving cloning, surrogacy and egg/sperm donation, serious questions arise about whether the existing sanguinary nexus test can produce results consistent with the fundamental principle of testamentary freedom underlying …
Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer
Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer
Lee-ford Tritt
Spring 2010 Presenters January 25: Royce Barondes (University of Missouri School of Law), ABA Ratings of Federal District Court Judges and the Likelihood of a Shepard’s Warning Signal February 1: Stephanie Stern (Loyola University Chicago School of Law), The Inviolable Home: From Iconic Property to Relational Privacy in the Fourth Amendment February 8: Michael Kang (Emory University School of Law), Sore Loser Laws February 15: Oliver Moreteau (LSU Paul M. Hebert Law Center), The Future of Civil Codes in Europe February 22: Deborah Pearlstein (Princeton University Woodrow Wilson School for Public and International Affairs), After Deference: Formal Approaches to Interpretation …
Technical Correction Or Tectonic Shift: Competing Default Rule Theories Under The New Uniform Probate Code, Lee-Ford Tritt
Technical Correction Or Tectonic Shift: Competing Default Rule Theories Under The New Uniform Probate Code, Lee-Ford Tritt
Lee-ford Tritt
Succession law, the law governing trusts and estates, is experiencing an identity crisis. Similar to an individual going through a midlife crisis, the laws of succession seem to be in search of a new purpose or meaning. It seems odd that a legal discipline as old as private property succession law would lack the continuity of some shared jurisprudential image. Yet, despite its historical legacy, succession law appears to have neither a complete descriptive theory (explaining what the law is) nor a complete normative theory (explaining what the law should be), hence the identity crisis. It may seem intuitive that …
The Limitations Of An Economic Agency Cost Theory Of Trust Law, Lee-Ford Tritt
The Limitations Of An Economic Agency Cost Theory Of Trust Law, Lee-Ford Tritt
Lee-ford Tritt
Should the donor's specific interests or potentially conflicting theoretical economic principles control the creation and administration of trusts? In a highly influential article advancing an agency cost framework for trust law, Harvard Law Professor Robert Sitkoff suggests retooling trust law to focus on wealth maximization and to minimize costs stemming from an assumed misalignment of the interests between deemed "principals" and "agents" within the trust setting. An agency cost theory of trust law, however, reduces the complex, highly idiosyncratic, and emotionally charged nature of trust law into a simple business relationship. Given the special nature of trust law and practice-where …
Sperms And Estates: An Unadulterated Funtionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt
Sperms And Estates: An Unadulterated Funtionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt
Lee-ford Tritt
No abstract provided.
Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt
Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt
Lee-ford Tritt
No abstract provided.