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Articles 1 - 12 of 12

Full-Text Articles in Law

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.


Book Review: International And Comparative Law On The Rights Of Older Persons, Thomas E. Simmons Dec 2015

Book Review: International And Comparative Law On The Rights Of Older Persons, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.