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Full-Text Articles in Estates and Trusts

Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Enough Is As Good As A Feast, Noah C. Chauvin Oct 2020

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.


Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


In Memory Of Professor James E. Bond, Janet Ainsworth Jan 2020

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


"Body" Building: Expanding Arkansas's Standard For Holographic Wills, Andrew L. Lawson Aug 2019

"Body" Building: Expanding Arkansas's Standard For Holographic Wills, Andrew L. Lawson

Arkansas Law Review

In times past, entirely handwritten documents represented the vast majority of holographic wills. These homemade testaments included dense pages of text that the drafter diligently memorialized by hand, carefully crafted letters with testamentary directions to the author’s loved ones, and unassuming notes tucked away in a drawer, perhaps with names, proportions, and shorthand property descriptions. If a probate court encountered a holographic testament, odds were that it resembled these traditional examples.


Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond Apr 2019

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review (2017-Present)

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk May 2018

Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk

St. Mary's Journal on Legal Malpractice & Ethics

Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate in its conclusion …


Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly May 2017

Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly

Nevada Supreme Court Summaries

The Court determined that (1) family courts have subject matter jurisdiction in divorce proceedings that involve issues otherwise outside the scope of family courts, (2) parol evidence may not be considered to determine party intent to form separate property agreements and self-settled spendthrift trusts where the written agreements are valid and unambiguous, (3) a court order equalizing assets between different spendthrift trusts is improper because the NRS protects against court orders that move assets from trusts and against moves that do not benefit trust beneficiaries, (4) spendthrift trusts may not be reached for payment of personal obligations not known at …


Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic Apr 2017

Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic

Barry Law Review

No abstract provided.


Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley Jun 2016

Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley

Georgia Journal of International & Comparative Law

No abstract provided.


In Re Guardianship & Estate Of Echevarria, 132 Nev. Adv. Op. 45 (June 30, 2016), Paul George Jan 2016

In Re Guardianship & Estate Of Echevarria, 132 Nev. Adv. Op. 45 (June 30, 2016), Paul George

Nevada Supreme Court Summaries

Distribution of estate funds under NRS Chapter 159 or a court’s distribution order requires a district court finding identifying the source of the funds. A valid stipulation requires mutual assent either through the presence of all interested parties or a signed writing showing the assent of the party against whom the stipulation is offered.


Newsroom: Pbc: Safe Passage Through Guardianship, Roger Williams University School Of Law May 2015

Newsroom: Pbc: Safe Passage Through Guardianship, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks Oct 2012

The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks

Seattle University Law Review

While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose Jan 1999

Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose

UIC Law Review

No abstract provided.


University Of Richmond Law Review Jan 1999

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


The Civil Law Trust, Maurizio Lupoi Jan 1999

The Civil Law Trust, Maurizio Lupoi

Vanderbilt Journal of Transnational Law

It is generally held that trusts are incompatible with the basic assumptions of civil law systems. In order to discuss this statement one would have to inquire, first, what is meant by the term "trusts"; second, what assumed common characteristics of the civil law systems are being envisaged and declared to bein compatible with trusts; and third, why those characteristics should be incompatible with trusts. It is also commonly held that the Hague Convention of 1984 on the law applicable to and the recognition of trusts concerns only those trusts that are foreign to the jurisdiction in which the rules …


International Recognition And Adaptation Of Trusts: The Influence Of The Hague Convention, Adair Dyere Jan 1999

International Recognition And Adaptation Of Trusts: The Influence Of The Hague Convention, Adair Dyere

Vanderbilt Journal of Transnational Law

The process of bringing English-style trusts into systems that do not have a similar device is fraught with difficulties. This is especially true with respect to efforts directed towards the creation of a domestic trust law within such a system, but it is also true about the adaptation of legal institutions that is necessary in order to recognize trusts created under foreign law, in accordance with Article 11 of the Hague Trusts Convention. Thus far, it can be said that no country that did not have trusts before the Hague Trusts Convention has reacted to the Convention by adopting a …


University Of Richmond Law Review Jan 1998

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Foundations Of Elderlaw, Oregon Law Institute, Mark M. Williams, Dady K. Blake, Maggie Biondi, J. Geoffrey Bernhardt, Kristianne Cox, S. Jane Patterson, Cinda M. Conroyd, Wesley D. Fitzwater, Elizabeth A. Mckinney Apr 1997

Foundations Of Elderlaw, Oregon Law Institute, Mark M. Williams, Dady K. Blake, Maggie Biondi, J. Geoffrey Bernhardt, Kristianne Cox, S. Jane Patterson, Cinda M. Conroyd, Wesley D. Fitzwater, Elizabeth A. Mckinney

Oregon Law Institute, 1997

Course Materials from the April 18, 1997 Program in Portland


University Of Richmond Law Review Jan 1997

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1995

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1993

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz Feb 1991

Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz

Cardozo Law Review

No abstract provided.