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Full-Text Articles in Law

Sperms And Estates: An Unadulterated Functionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt Dec 2014

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 …


Technical Correction Or Tectonic Shift: Competing Default Rule Theories Under The New Uniform Probate Code, Lee-Ford Tritt Oct 2013

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 Oct 2013

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 Dec 2008

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 Dec 2005

Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt

Lee-ford Tritt

No abstract provided.