Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (184)
- DePaul University (23)
- University of Michigan Law School (23)
- Yeshiva University, Cardozo School of Law (14)
- Association of American Law Schools (6)
-
- UC Law SF (4)
- BLR (3)
- University of Georgia School of Law (3)
- Maurer School of Law: Indiana University (2)
- University of Arkansas Little Rock (2)
- University of Kentucky (2)
- University of South Dakota (2)
- Brigham Young University Law School (1)
- Brooklyn Law School (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Osgoode Hall Law School of York University (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- Singapore Management University (1)
- Texas A&M University School of Law (1)
- University of Dar es Salaam (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Law (12)
- Wills (12)
- Civil Law (7)
- Inheritance (7)
- SFFA (7)
-
- Trusts (7)
- Affirmative Action (6)
- ESG (6)
- England (6)
- Antitrust (5)
- Cases and Materials (5)
- Comparative and Foreign Law (5)
- Contracts (5)
- Corporations (5)
- Courts (5)
- Diversity (5)
- Estates and Trusts (5)
- Regulation (5)
- Securities Law (5)
- Securities and exchange commission (5)
- Succession (5)
- Addiction (4)
- Administrative Law (4)
- Artificial intelligence (4)
- Constitution (4)
- Constitutional Law (4)
- Corporate (4)
- Estates (4)
- Housing Law (4)
- Intellectual Property Law (4)
- Publication Year
- Publication
-
- Seattle University Law Review (184)
- DePaul Business & Commercial Law Journal (23)
- Michigan Law Review (18)
- Journal of Legal Education (6)
- Cardozo International & Comparative Law Review (5)
-
- Cardozo Law Review (5)
- Faculty Scholarship (5)
- ExpressO (3)
- Articles (2)
- Faculty Publications (2)
- Georgia Journal of International & Comparative Law (2)
- Indiana Law Journal (2)
- Law Faculty Scholarship (2)
- Michigan Legal Studies Series (2)
- BYU Law Review (1)
- Book Chapters (1)
- Brooklyn Journal of International Law (1)
- Cardozo Arts & Entertainment Law Journal (1)
- Cardozo Journal of Equal Rights & Social Justice (1)
- Cardozo Journal of International and Comparative Law (1)
- Cardozo Public Law, Policy & Ethics Journal (1)
- Dickinson Law Review (2017-Present) (1)
- Journal of Humanities and Social Sciences (1)
- Kentucky Law Journal (1)
- Law Faculty Scholarly Articles (1)
- NYLS Law Review (1)
- Nevada Law Journal (1)
- Notre Dame Journal of International & Comparative Law (1)
- Osgoode Hall Law Journal (1)
- Research Collection Yong Pung How School Of Law (1)
- Publication Type
Articles 211 - 240 of 281
Full-Text Articles in Estates and Trusts
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Hong Kong Small House Policy: Modernity, Crisis, Morality & Policies For Repair, Conor J. Hyatt
Hong Kong Small House Policy: Modernity, Crisis, Morality & Policies For Repair, Conor J. Hyatt
Cardozo International & Comparative Law Review
The note critiques Hong Kong's Small House Policy (SHP), arguing that it is unconstitutional and perpetuates inequality by granting exclusive housing rights to male indigenous villagers, while failing to address the city's severe housing crisis. The policy discriminates based on gender, ethnicity, and class, violating the Basic Law and the Hong Kong Bill of Rights. The author contends that the SHP is outdated, unsustainable, and contributes to fraudulent practices, urging its replacement with a more equitable housing system.
Enough Is As Good As A Feast, Noah C. Chauvin
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
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
In Memory Of Professor James E. Bond, Janet Ainsworth
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
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Fiduciary Principles In Chinese Law, Nicholas C. Howson
Fiduciary Principles In Chinese Law, Nicholas C. Howson
Book Chapters
This chapter examines the principles of fiduciary doctrine that are found in Chinese law, with a particular focus on developments in law and regulation in the People’s Republic of China (PRC) after the early 1980s. It also considers the advent and elaboration of what the Anglo-American legal system calls “corporate fiduciary duties,” including partnership fiduciary duties. The chapter first provides an overview of basic conceptions of corporate fiduciary duties that entered Chinese law and practice through at least three separate tracks: academic, regulatory, and jurisprudential. It then explores corporate and partnership fiduciary duties after 2006, placing emphasis on corporate law …
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
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
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Compelling Trustees To Exercise Their Discretion: A Principle Of Non-Intervention?, Hang Wu Tang
Compelling Trustees To Exercise Their Discretion: A Principle Of Non-Intervention?, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This article explores the limitsof the principle of non-interference and examine situations where the courtshave overridden the discretion of the trustee and compelled the trustee to actin a particular manner. While there havebeen numerous instances where the courts have avoided the trustee’s act, thecases where the courts have actually compelled a trustee to exercise a power ina particular manner are relatively few. The thesis of this article is that amore helpful way to conceptualise the philosophy behind the judicial control ofa trustee’s discretion is not to say that the court is bound by a so-calledprinciple of non-interference; rather, the contention …
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar
Cardozo International & Comparative Law Review
The EB-5 visa program, designed to stimulate the U.S. economy through job creation and capital investment by foreign investors, has become a controversial tool often misused to fund luxury real estate projects in affluent areas. While the program has contributed significantly to the economy, its implementation has strayed from its original intent, leading to criticism over issues like gerrymandering of Targeted Employment Areas (TEAs), inadequate securities regulation, and fraud risks. The article calls for reforms to align the program more closely with its intended purpose of aiding underserved communities.
A Chinese Inheritance, Thomas Simmons
A Chinese Inheritance, Thomas Simmons
Faculty Publications
The cultural values of a society are often discernible in its laws of succession and intestacy. These laws govern the distribution of a decedent's estate when there is no estate plan in place. Intestacy schemes typically reflect basic societal values. Yet, perhaps remarkably, the laws of intestacy bear consistency across various countries, continents, and cultures, rewarding the closest surviving family members. Upon closer examination, unique characteristics also emerge. The most startling characteristic of Chinese inheritance law is its willingness to invoke judicial review of an heir's conduct in settling upon distribution percentages to govern intestacy. American succession law also considers …
Non-Charitable Purpose Trusts: Past, Present, And Future, Richard C. Ausness
Non-Charitable Purpose Trusts: Past, Present, And Future, Richard C. Ausness
Law Faculty Scholarly Articles
This Article focuses on non-charitable purpose trusts and how they enable estate planners to better carry out their clients’ objectives. Specifically, it explores the history of non-charitable purpose trusts and summarizes the differences between private trusts, charitable trusts, and non-charitable purpose trusts. This Article also examines the treatment of non-charitable purpose trusts in England and the United States prior to the promulgation of the Restatement of Trusts in 1935. This Article surveys the recent adoption of non-charitable purpose trust provisions in the Uniform Trust Code and various Restatements and gives advice on drafting the trust instruments. Lastly, this Article concludes …
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley
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.
Inverse Logic: The Shortcomings Of Preventing Corporate Tax Inversion Through Amending Section 7874, Kathy Wong
Inverse Logic: The Shortcomings Of Preventing Corporate Tax Inversion Through Amending Section 7874, Kathy Wong
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Mapping Chinese Trusts With A Patrimony Compass, Thomas Simmons
Mapping Chinese Trusts With A Patrimony Compass, Thomas Simmons
Faculty Publications
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).
Who Owns Villa La Pietra? The Story Of A Family, Their Home, And An American University Under Italian Law, Felicia Caponigri
Who Owns Villa La Pietra? The Story Of A Family, Their Home, And An American University Under Italian Law, Felicia Caponigri
Notre Dame Journal of International & Comparative Law
In 1994 Harold Acton, son of Arthur Acton, an English art dealer in Florence, and Hortense Mitchell Acton, an American banking heiress, donated his family home, Villa La Pietra, to New York University. Today, this Tuscan villa is at the center of a declaration of paternity lawsuit and a claim of inheritance brought by Liana Beacci, Arthur Acton's daughter by his Italian secretary. In this Note, Felicia Caponigri presents the facts of the case, focusing on the provenance of the Villa, and the procedural posture of the case. Caponigri applies Italian law to argue that New York University might claim …
A Comparative Guide Of Where To Die: Should The United Kingdom Repeal Its Inheritance Tax?, William T. Thistle
A Comparative Guide Of Where To Die: Should The United Kingdom Repeal Its Inheritance Tax?, William T. Thistle
Georgia Journal of International & Comparative Law
No abstract provided.
Au Revoir, Will Contests: Comparative Lessons For Preventing Will Contests , Margaret Ryznar, Angelique Devaux
Au Revoir, Will Contests: Comparative Lessons For Preventing Will Contests , Margaret Ryznar, Angelique Devaux
Nevada Law Journal
No abstract provided.
Sharia-Compliant Wills: Principles, Recognition, And Enforcement, Omar T. Mohammedi
Sharia-Compliant Wills: Principles, Recognition, And Enforcement, Omar T. Mohammedi
NYLS Law Review
No abstract provided.
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
Law Faculty Scholarship
No abstract provided.
Cook Islands Asset Protection Trust Law, David R. Mcnair
Cook Islands Asset Protection Trust Law, David R. Mcnair
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Law Faculty Scholarship
In the United Kingdom, and to a lesser extent the United States, an inter vivos gift, once given, cannot be reclaimed by the giver's heirs. In civil law countries the situation is quite different: Not only spouses, but issue and in some cases even ascendants, are entitled to a forced share of a decedent's estate--and these forced shares are assessed against a notional “estate” that includes the testator's inter vivos gifts. If the total of these forced shares exceeds the amount actually available in the decedent's estate at death, the recipients of the gifts, or their successors, may be forced …
The Kids Aren't Alright: An Examination Of Some Of The Flaws In American Law Regarding Child Disinheritance, The Reasons That Children Should Be Protected, And A Recommendation For The United States To Learn From The Australian Model That Protects Children Against Disinheritance, Adam Dayan
Cardozo Journal of International and Comparative Law
The note argues that American law should adopt a more balanced approach to testamentary freedom by incorporating protections for children against disinheritance, drawing inspiration from the Australian model. While the Uniform Probate Code (UPC) currently allows testators complete freedom to disinherit children, the elective share and the unspoken rule—where courts use the undue influence doctrine to override disinheritance—suggest that testamentary freedom is not absolute. The note advocates for reform, emphasizing the moral obligation of parents to provide for their children, particularly in light of societal changes such as rising divorce rates and an aging population.
A Complete Property Right Amendment, John H. Ryskamp
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
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.
A Brief Comment On Trust Protectors, Jeffrey Evans Stake
A Brief Comment On Trust Protectors, Jeffrey Evans Stake
Cardozo Law Review
No abstract provided.
Trust Protectors: Who Will Watch The Watchmen?, Gregory S. Alexander
Trust Protectors: Who Will Watch The Watchmen?, Gregory S. Alexander
Cardozo Law Review
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.