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Yeshiva University, Cardozo School of Law

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Articles 61 - 90 of 120

Full-Text Articles in Estates and Trusts

Rethinking Trust Law Reform: How Prudent Is Modern Prudent Investor Doctrine?, Stewart E. Sterk Jul 2010

Rethinking Trust Law Reform: How Prudent Is Modern Prudent Investor Doctrine?, Stewart E. Sterk

Articles

During the 1990s, modern portfolio theory provided the theoretical foundation for significant reforms in trust investment doctrine-reforms that freed trustees from a legal regime in which they faced potential liability for making "speculative" investments. The reforms enabled trustees to pursue investment policies that protected beneficiaries against inflation risk. But the reforms worked too well; they encouraged trustees to invest a higher percentage of trust assets in equities just in time for a decade that has seen two precipitous stock market declines. Although no sensible investment strategy would have avoided losses during these periods of market turmoil, the doctrinal reforms endorsed …


To Opine Or Not To Opine, That Is The Question: A Discussion Of A Patent Agent's Representation Of Others Before The United States Patent And Trademark Office In Light Of Revised Rules Of Patent Ethics And Professionalism, Nathan D. Renov Jul 2010

To Opine Or Not To Opine, That Is The Question: A Discussion Of A Patent Agent's Representation Of Others Before The United States Patent And Trademark Office In Light Of Revised Rules Of Patent Ethics And Professionalism, Nathan D. Renov

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The End Of Probate, Stewart E. Sterk Jan 2010

The End Of Probate, Stewart E. Sterk

Articles

No abstract provided.


Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts Of Interest, Melanie B. Leslie Jan 2010

Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts Of Interest, Melanie B. Leslie

Articles

No abstract provided.


The Price Of Pictures, Lucille A. Roussin Jul 2009

The Price Of Pictures, Lucille A. Roussin

Cardozo Public Law, Policy & Ethics Journal

The article explores the significant increase in the value of art since World War II, highlighting the evolution of the art market and the complexities surrounding the restitution of looted artworks. It examines the growth of the art market through specific examples, such as the sales of high-value paintings, and discusses the legal and emotional challenges of recovering artworks stolen during the Holocaust.


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 Apr 2009

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.


Goodbye, Norma Jean: Marilyn Monroe And The Right Of Publicity's Transformation At Death, Michael Decker Jan 2009

Goodbye, Norma Jean: Marilyn Monroe And The Right Of Publicity's Transformation At Death, Michael Decker

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Intestate Inheritance Claims: Determining A Child's Right To Inherit When Biological And Presumptive Paternity Overlap, Megan Pendleton May 2008

Intestate Inheritance Claims: Determining A Child's Right To Inherit When Biological And Presumptive Paternity Overlap, Megan Pendleton

Cardozo Law Review

No abstract provided.


Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk Apr 2008

Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk

Articles

When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less proactive about drafting wills to include mediation clauses that would anticipate estate disputes and channel them away from litigation. When a will mandates mediation, the will provides a dispute resolution mechanism designed to preserve family harmony, conserve estate assets, and avoid airing the family's "dirty laundry "-objectives common to many testator. Mediation clauses in wills are no panacea. They are of little value to testators who exalt control over estate assets above all other concerns, and they are …


Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr Jan 2008

Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr

Cardozo Journal of Conflict Resolution

This Article discusses how litigation relating to the administration of estates and trusts might be reduced through by careful planning prior to the property owner's transfer of wealth during lifetime or at death. As the article details, litigation involving trust and estate matters often involves an emotional element not present in most other legally disputed matters. That also suggests that methods to reduce the risk of such litigation occurring may be unique to such matters. In Part 1, certain background matters relating to the climate for such litigation are presented. In Part 2, the historic "tool" of a disinheritance clause …


Four Thousand Words On Finnegans Wake: The Misuse Of Copyright Doctrine And The Controversy Surrounding The Estate Of James Joyce, Samantha Brand Jan 2008

Four Thousand Words On Finnegans Wake: The Misuse Of Copyright Doctrine And The Controversy Surrounding The Estate Of James Joyce, Samantha Brand

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Business Imperatives And Fiduciary Duty, Melanie B. Leslie Feb 2007

Business Imperatives And Fiduciary Duty, Melanie B. Leslie

Articles

No abstract provided.


In Search Of A Unifying Principle For Article V Of The Uniform Trust Code: A Response To Professor Danforth, Jeffrey A. Schoenblum Apr 2006

In Search Of A Unifying Principle For Article V Of The Uniform Trust Code: A Response To Professor Danforth, Jeffrey A. Schoenblum

Cardozo Law Review

No abstract provided.


Policy, Logic, And Persuasion In The Evolving Realm Of Trust Asset Protection, John K. Eason Apr 2006

Policy, Logic, And Persuasion In The Evolving Realm Of Trust Asset Protection, John K. Eason

Cardozo Law Review

No abstract provided.


Why The Generation-Skipping Transfer Tax Sparked Perpetual Trusts, Mary Louise Fellows Apr 2006

Why The Generation-Skipping Transfer Tax Sparked Perpetual Trusts, Mary Louise Fellows

Cardozo Law Review

No abstract provided.


Perpetuities Or Taxes? Explaining The Rise Of The Perpetual Trust, Max M. Schanzenbach, Robert H. Sitkoff Apr 2006

Perpetuities Or Taxes? Explaining The Rise Of The Perpetual Trust, Max M. Schanzenbach, Robert H. Sitkoff

Cardozo Law Review

By abolishing the Rule Against Perpetuities, twenty-one states have validated perpetual trusts. The prevailing view among scholars is that enactment of the generation skipping transfer (GST) tax in 1986 prompted the movement to abolish the Rule by conferring a salient tax advantage on long-term trusts. However, an alternate view holds that demand for perpetual trusts stems from donors' preference for control independent of tax considerations. Proponents of both views have adduced supporting anecdotal evidence. Using state-level panel data on trust assets prior to the adoption of the GST tax, we examine whether a state's abolition of the Rule gave the …


Perpetual Trusts, Conservation Servitudes, And The Problem Of The Future, Susan F. French Apr 2006

Perpetual Trusts, Conservation Servitudes, And The Problem Of The Future, Susan F. French

Cardozo Law Review

No abstract provided.


Undoing Repeal Of The Rule Against Perpetuities: Federal And State Tools For Breaking Dynasty Trusts, Joel C. Dobris Apr 2006

Undoing Repeal Of The Rule Against Perpetuities: Federal And State Tools For Breaking Dynasty Trusts, Joel C. Dobris

Cardozo Law Review

No abstract provided.


Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth Apr 2006

Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth

Cardozo Law Review

No abstract provided.


Fear Not The Asset Protection Trust, Adam J. Hirsch Apr 2006

Fear Not The Asset Protection Trust, Adam J. Hirsch

Cardozo Law Review

No abstract provided.


Common Law, Common Sense: Fiduciary Standards And Trustee Identity, Melanie B. Leslie Apr 2006

Common Law, Common Sense: Fiduciary Standards And Trustee Identity, Melanie B. Leslie

Cardozo Law Review

No abstract provided.


Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx Apr 2006

Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx

Cardozo Law Review

No abstract provided.


Trust Protectors: Who Will Watch The Watchmen?, Gregory S. Alexander Apr 2006

Trust Protectors: Who Will Watch The Watchmen?, Gregory S. Alexander

Cardozo Law Review

No abstract provided.


A Brief Comment On Trust Protectors, Jeffrey Evans Stake Apr 2006

A Brief Comment On Trust Protectors, Jeffrey Evans Stake

Cardozo Law Review

No abstract provided.


Trust Protectors, Agency Costs, And Fiduciary Duty, Stewart E. Sterk Apr 2006

Trust Protectors, Agency Costs, And Fiduciary Duty, Stewart E. Sterk

Cardozo Law Review

No abstract provided.


In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie Nov 2005

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

Articles

No abstract provided.


Trusting Trustees: Fiduciary Duties And The Limits Of Default Rules, Melanie B. Leslie Nov 2005

Trusting Trustees: Fiduciary Duties And The Limits Of Default Rules, Melanie B. Leslie

Articles

No abstract provided.


Letter To Derrida/America, Anton Schütz Nov 2005

Letter To Derrida/America, Anton Schütz

Cardozo Law Review

No abstract provided.


Introduction: Un Cygne Noir, Peter Goodrich Nov 2005

Introduction: Un Cygne Noir, Peter Goodrich

Cardozo Law Review

No abstract provided.


In Defense Of Porfiry Petrovich, Robert Batey May 2005

In Defense Of Porfiry Petrovich, Robert Batey

Cardozo Law Review

No abstract provided.