Law Commons^™

Drafting For The Optimum Marital Deduction, J. Rodney Johnson

Law Faculty Publications

While the marital deduction provided for by federal estate tax law may not necessarily be the controlling factor in planning the will of a married person, it is certainly one of the most important factors because of the sheer magnitude of this deduction up to 50% of the adjusted gross estate. A direct consequence of this importance is reflected in the fact that the marital deduction has become the most written-about topic in the estate planning area. Most of what has been written about this subject can be divided into the two following categories: ( 1 ) an explanation of …

A Single-Trust Marital Deduction Will, J. Rodney Johnson

Law Faculty Publications

This article will offer a basic form that can be easily altered to respond to the needs of many clients who have a moderate estate and wish to take advantage of the estate tax marital deduction. For purposes of discussion, it will be assumed that the estate is $250,000 or less and that the client has expressed the following: "I want my wife to have all of the income from my property throughout her life and then the property should pass to my children. In the event that the income from my property is insufficient to meet my wife's needs, …

Simplifying The Martial Deduction Will, J. Rodney Johnson

Law Faculty Publications

One of the basic tenets of estate planning declares that there is no such thing as a typical estate and therefore there can be no such thing as a typical estate plan. Emphasis is placed on the unique character of each case and the positive need to tailor the plan to fit the client's total situation. Accepting the validity of the foregoing, however, does not mean that one must start from scratch in each case. Instead, the attorney who is trying to pare repetitious work to a safe minimum might develop a solution to the problem by having a series …

Juvenile Court And Arrest Records, Adrienne Volenik

Law Faculty Publications

Recognizing the near impossibility of changing societal views toward juvenile offenders, many legislators have at- tempted instead to combat the harmful effects of a delinquency adjudication by providing for concealment of juvenile records, on the grounds that such concealment will aid the child's reintegration into society.

Expungement Of Arrest Records, Adrienne Volenik

Law Faculty Publications

Contrary to the philosophy of the juvenile court, it is undoubtedly a rare occasion when a child benefits from his exposure to the juvenile court system. Even when a child is actually rehabilitated by the process, the invidious effects that flow from being labeled a "juvenile delinquent" may serve to negate any benefit that he may have received. Perhaps the most unjustifiable of all side effects is the stigma that attaches to a child who has been arrested and subsequently either released without prosecution or acquitted. In a society that espouses the idea that an individual is innocent until proven …

Notice In Juvenile Delinquency Proceedings, Adrienne Volenik

Law Faculty Publications

Despite these suggestions, the problem of what constitutes adequate notice continues to plague juvenile courts. Furthermore, by suggesting two criminal and two civil cases as examples, the Court added the issue of whether a civil or a criminal standard for notice should be applied. Courts that have addressed this issue have reached different conclusions.

Bankruptcy Lien Invalidation: Role Of Recordation, David G. Epstein

Law Faculty Publications

Congress is currently considering new bankruptcy legislation. To date, its focus has been on two bills, one prepared by the National Commission on Bankruptcy Laws, the other by the National Conference of Bankruptcy Judges. Both bills call for substantial changes in present bankruptcy practices. Affirmative action on some combination of the two now seems likely. It appears that Congress soon will, for the first time in 77 years, comprehensively revise bankruptcy law. Accordingly, this is an appropriate time to examine closely basic bankruptcy concepts and policies. This article will deal with one very specific topic: the effect of recordation on …

The Equity Side Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The purpose of this book is to place the equity side of the exchequer into its historical, institutional, and legal perspective. It is to discover its administrative procedures arid to determine how far its judicial procedures in the sixteenth and seventeenth centuries were the same as those of the other courts of equity. It is to produce an outline of the procedures and an introduction to the records of the jurisdiction for those who may wish to work in the same field but to dig deeper.

The Virginia Magistrate System, Ronald J. Bacigal

Law Faculty Publications

In Colonial Virginia the Justice of the Peace was in many respects the local governing authority. His powers ranged from the trial of criminal cases to the supervision of the building of warehouses and courthouses; the licensing of ferries; and the regulation of the legal and medical professions.

The powers of the Justice of the Peace gradually dwindled in favor of the courts and other local officials, until the Justice of the Peace system was finally abolished in 1974, and replaced with the Magistrate system.

The present day magistrate performs many purely clerical functions, but he also retains important judicial …