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Full-Text Articles in Law

Contemporary Trusts And Estates: An Experiential Approach (2nd Ed)., Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli Nov 2014

Contemporary Trusts And Estates: An Experiential Approach (2nd Ed)., Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli

Paula A Monopoli

Contemporary Trusts and Estates: An Experiential Approach uses cases and statutory materials, along with exercises and problems, to integrate legal analysis and practice skills. Consistent with the Carnegie Report‘s call for more practice skills, it includes exercises in document drafting, role-playing, and letter writing to clients.


Contemporary Trusts And Estates - An Experiential Approach, Jerome Borison, Naomi R. Cahn, Susan N. Gary, Paula A. Monopoli Apr 2014

Contemporary Trusts And Estates - An Experiential Approach, Jerome Borison, Naomi R. Cahn, Susan N. Gary, Paula A. Monopoli

Paula A Monopoli

In this essay in a special issue dedicated to teaching trusts and estates, the co-authors of Contemporary Trusts & Estates: An Experiential Approach (2d. ed. Aspen 2014) reflect on how the teaching of trusts and estates can integrate policy, practice, doctrine, and centuries of tradition. They describe the genesis of their problem-based casebook and the influence of the Carnegie Report on their choice of pedagogic framework. Each of the co-authors embraced the fundamental principles advocated by the Carnegie Report, which counsels that legal education should integrate “theoretical and practical legal knowledge and professional identity.” This essay goes on to outline …


Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli Sep 2012

Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli

Paula A Monopoli

This Article traces the evolution of the Uniform Probate Code's (UPC) broad equality framework for inheritance by nonmarital children in the context of the wider movement for legal equality for such children in society. It concludes that the UPC is to be lauded for its efforts to provide equal treatment to all nonmarital children. The UPC'c commitment to such equality serves an expressive function for state legilatures and courts to follow its lead. The UPC has fulfilled its promise that all children regardless of marital status shall be equal for purposes of inheritance from or through parents, with one exception: …


American Probate: Protecting The Public, Improving The Process, Paula Monopoli Nov 2011

American Probate: Protecting The Public, Improving The Process, Paula Monopoli

Paula A Monopoli

New Hampshire judge and probate attorney John Fairbanks, a court-appointed executor and trustee, stole thousands of dollars from the estates of his trusting elderly clients. Successful Virginia lawyer David Murray misappropriated nearly four million dollars from estates entrusted to him in one of the largest financial swindles by a lawyer in U.S. history. Enterprising attorney James Gunderson drafted wills and living trusts for many residents of Leisure World in Orange County, California, who named him the sole trustee and major beneficiary. These are just some of the cases examined by Paula A. Monopoli to illustrate the unsettling prevalence of fraud …


Contemporary Approaches To Trusts And Estates, Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli Nov 2011

Contemporary Approaches To Trusts And Estates, Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli

Paula A Monopoli

This book uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. The book can be used in a three- or four-credit course with or without the exercises, and sample syllabi are included in the Teacher’s Manual.


Contemporary Approaches To Trusts And Estates, Susan N. Gary, Jerome Borison, Naomi R. Cahn, Paula A. Monopoli Sep 2011

Contemporary Approaches To Trusts And Estates, Susan N. Gary, Jerome Borison, Naomi R. Cahn, Paula A. Monopoli

Paula A Monopoli

This book uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. The book can be used in a three- or four-credit course with or without the exercises, and sample syllabi are included in the Teacher’s Manual.


Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli Sep 2008

Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli

Paula A Monopoli

The American Bar Association recently revised the ethical rules that govern lawyers. Its Ethics 2000 Commission proposed a number of changes to the Model Rules of Professional Conduct, including revisions to the rules that affect how the profession handles conflicts of interest in the area of attorneys who draft instruments that name themselves as fiduciaries. The intersection of these changes, with their subsequent clarification by an ABA opinion issued in May 2002, has broad implications for attorneys practicing in this area. Given the increasing elderly population, the trillions of dollars that they are transferring to their baby-boomer children, and the …


"Deadbeat Dads": Should Support And Inheritance Be Linked?, Paula A. Monopoli Sep 2008

"Deadbeat Dads": Should Support And Inheritance Be Linked?, Paula A. Monopoli

Paula A Monopoli

No abstract provided.