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Articles 241 - 270 of 362
Full-Text Articles in Estates and Trusts
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.
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.
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
ExpressO
The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …
Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff
Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff
Cardozo Public Law, Policy & Ethics Journal
The note argues that the child welfare system perpetuates systemic oppression and commodification of children, particularly targeting African American and poor families, mirroring the exploitation of slavery. The author contends that the Thirteenth Amendment, which prohibits slavery and involuntary servitude, should be invoked to reform this system. The current system prioritizes intervention and removal over support, leading to harm and perpetuating racial and economic disparities. The author advocates for a balanced approach that protects children while addressing the systemic exploitation and racial control embedded in the foster care system.
Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod
Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod
William Mitchell Law Review
The transfer of a person's assets after death has been an important element in the law beginning with the Magna Carta, and is firmly rooted in American jurisprudence. Defining children and heirs for probate purposes remains a difficult issue. In particular, the determination of children and heirs in an age when the birth of “illegitimate” children is common makes the proper and just determination of heirship a recurring and timely topic. The Minnesota Probate Code defines the term “child” and provides: “a person is the child of the person's parents regardless of the marital status of the parents and the …
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
UIC Law Review
No abstract provided.
Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie
Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie
Articles
Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
What Have You Done For Me Lately? Constitutional Limitations On State Taxation Of Trusts, Bradley E.S. Fogel
What Have You Done For Me Lately? Constitutional Limitations On State Taxation Of Trusts, Bradley E.S. Fogel
University of Richmond Law Review
Suppose a resident of New Jersey creates an irrevocable inter vivos trust. The settlor subsequently dies while a resident of New Jersey. Pursuant to the terms of her will, which is probated in New Jersey, her entire estate is paid to the trust. After a few years, one of the two trustees is a New York resident, the other is a resident of Connecticut. The trust's assets, intangibles such as stock in Delaware corporations, are held by the New York trustee in New York. All of the income beneficiaries of the trust reside in New York or Connecticut.
Cary V. Riss: Protecting Due Process Concerns In West Virginia Probate, Chad S. Lovejoy
Cary V. Riss: Protecting Due Process Concerns In West Virginia Probate, Chad S. Lovejoy
West Virginia Law Review
No abstract provided.
Digging Up New Revenue: Retrospective Estate Taxation And The Omnibus Budget Reconciliation Act, Michael George
Digging Up New Revenue: Retrospective Estate Taxation And The Omnibus Budget Reconciliation Act, Michael George
West Virginia Law Review
No abstract provided.
Equal Protection: In Re Cooper
Shriners Hospitals For Crippled Children V. Zrillic, 563 So. 2d 64 (Fla. 1990), Mark E. Kaplan
Shriners Hospitals For Crippled Children V. Zrillic, 563 So. 2d 64 (Fla. 1990), Mark E. Kaplan
Florida State University Law Review
Wills/Constitutional Law-FLORIDA'S SUPREME COURT STRIKES THE STATE'S MORTMAIN STATUTE AS UNCONSTITUTIONAL
Privacy, Family, And Medicial Decision Making For Persistant Vegetative Patients, Steven M. Weiner
Privacy, Family, And Medicial Decision Making For Persistant Vegetative Patients, Steven M. Weiner
Cardozo Law Review
No abstract provided.
Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.
Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Constitutionality Of The Feme Sole Estate And The Virginia Supreme Court's Creation Of An 'Homme Sole' Estate In Jacobs V. Meade, Maria Dill
University of Richmond Law Review
On April 27, 1984, the Virginia Supreme Court, in Jacobs v. Meade, was confronted with a constitutional challenge in the sensitive area of gender-based classifications. The object of the assault was the separate equitable estate, or feme sole estate. Historically, the feme sole estate was a method of holding property available exclusively to women. In Jacobs v. Meade, it was contended that since a man possessed no corresponding right to create a separate equitable estate, the feme sole estate was constitutionally defective on equal protection grounds.
Constitutional Law - Equal Protection - Arkansas' Gender-Based Statutes On Dower, Election, Statutory Allowances, And Homestead Are Unconstitutional, Mary Jane Pruniski
Constitutional Law - Equal Protection - Arkansas' Gender-Based Statutes On Dower, Election, Statutory Allowances, And Homestead Are Unconstitutional, Mary Jane Pruniski
University of Arkansas at Little Rock Law Review
No abstract provided.
Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson
Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson
Cornell Law Faculty Publications
Ante-mortem probate stands as a significant recent development in the American law of wealth succession. It confronts a problem that seriously impairs our probate system, the depredatious will contest, and promises to help revitalize the probate process. Already enacted in several states and currently under active study by the Joint Editorial Board of the Uniform Probate Code and the National Conference of Commissioners on Uniform State Laws, ante-mortem probate is likely to be widely implemented in some form. But while legislators and academics alike support ante-mortem probate as a general idea, disagreement has emerged over the specific form it should …
Arkansas And The Uniform Probate Code: Some Issues And Answers, Richard V. Wellman
Arkansas And The Uniform Probate Code: Some Issues And Answers, Richard V. Wellman
University of Arkansas at Little Rock Law Review
No abstract provided.
A Critical Analysis Of The Arkansas Death With Dignity Act, Harold H. Simpson Ii, Carolyn B. Armbrust
A Critical Analysis Of The Arkansas Death With Dignity Act, Harold H. Simpson Ii, Carolyn B. Armbrust
University of Arkansas at Little Rock Law Review
No abstract provided.
Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein
Domestic Relations—State Statute May Not Forbid A Putative Father From Suing For The Wrongful Death Of His Illegitimate Child, Myra S. Goldstein
Buffalo Law Review
Holden v. Alexander, 39 App. Div. 2d 476, 336 N.Y.S. 2d 649 (2d Dep't 1972).
The Demise Of The Iron Curtain Statute, Denis James Lawler
The Demise Of The Iron Curtain Statute, Denis James Lawler
Villanova Law Review (1956 - )
No abstract provided.
The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy
The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy
Villanova Law Review (1956 - )
No abstract provided.
Future Interests—Application Of Statute To Bar Enforcement Of Matured Reverter Held Unconstitutional, Alan A. Ransom
Future Interests—Application Of Statute To Bar Enforcement Of Matured Reverter Held Unconstitutional, Alan A. Ransom
Buffalo Law Review
Board of Educ. v. Miles, 15 N.Y.2d 364, 207 N.E.2d 181, 259 N.Y.S.2d 129 (1965).
Abstracts Of Recent Cases, Frank Cuomo Jr.
Abstracts Of Recent Cases, Frank Cuomo Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Ward Day Stone Jr.
Abstracts Of Recent Cases, Ward Day Stone Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Frank Thomas Graff Jr.
Abstracts Of Recent Cases, Frank Thomas Graff Jr.
West Virginia Law Review
No abstract provided.
Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda
Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda
Journal of Legal Education
No abstract provided.
Constitutional Law - Due Process - Retroactive Application Of Uniform Principal And Income Act, Thomas E. Kauper S.Ed.
Constitutional Law - Due Process - Retroactive Application Of Uniform Principal And Income Act, Thomas E. Kauper S.Ed.
Michigan Law Review
The trustee of a trust created prior to the 1957 enactment of the Uniform Principal and Income Act petitioned for instructions as to whether a stock dividend received by it subsequent to the passage of the act should be allocated to principal or income. The Uniform Act provides a rule for the treatment of stock dividends contrary to the judicial rule previously adopted in Wisconsin, and is expressly made applicable to trusts existing on its date of enactment. The county court, finding the act could not be constitutionally applied to trusts created prior to its enactment, ordered the allocation of …