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Full-Text Articles in Law

The Strange Case Of Dr. Jekyll's Will: A Tale Of Testamentary Capacity, Stephen R. Alton May 2018

The Strange Case Of Dr. Jekyll's Will: A Tale Of Testamentary Capacity, Stephen R. Alton

Stephen Alton

Robert Louis Stevenson’s classic novella, The Strange Case of Dr. Jekyll and Mr. Hyde, published in 1886, is the well-known tale of a respected scientist (Dr. Henry Jekyll) who transforms himself into an evil-doer (Mr. Edward Hyde). While the work raises issues of tort and criminal liability, this article analyzes the legal issues presented by one particular and crucial plot device that Stevenson employs—the last will of Dr. Jekyll. This will so obsesses Jekyll’s friend and solicitor, Gabriel John Utterson (through whose eyes the story unfolds), that he is impelled to seek the truth behind his friend’s relationship to Hyde. …


El Fideicomiso En América Latina: Reflexiones Para La Comparación Jurídica, Vanessa Villanueva Collao Feb 2018

El Fideicomiso En América Latina: Reflexiones Para La Comparación Jurídica, Vanessa Villanueva Collao

Vanessa Villanueva Collao

No abstract provided.


Equitable Compensation For Public Trust Takings, James R. Rasband Feb 2018

Equitable Compensation For Public Trust Takings, James R. Rasband

James R. Rasband

No abstract provided.


The Inappropriate Imposition Of Court-Ordered Mediation In Will Contests , Victoria J. Haneman Feb 2018

The Inappropriate Imposition Of Court-Ordered Mediation In Will Contests , Victoria J. Haneman

Victoria J. Haneman

Mediation settlements that are shaped or driven by non-legal considerations are not problematic, unless and until the process of mediation is designed and imposed upon the parties through state action (namely, the judicial system). Because the approach taken in mediation ineradicably strains against the legal rules applied by the courts adjudicating those same cases, a legitimate question arises as to whether or not instituting court-ordered mediation programs that mandate mediation in will contest cases is appropriate. The contention of this Article is not that mediation is inappropriately used by the parties to a will contest case, but instead that court-ordered …


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 …