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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
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
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
The End Of Probate, Stewart E. Sterk
Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts Of Interest, Melanie B. Leslie
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Trusting Trustees: Fiduciary Duties And The Limits Of Default Rules, Melanie B. Leslie
Articles
No abstract provided.
Letter To Derrida/America, Anton Schütz
Introduction: Un Cygne Noir, Peter Goodrich
In Defense Of Porfiry Petrovich, Robert Batey
In Defense Of Porfiry Petrovich, Robert Batey
Cardozo Law Review
No abstract provided.