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Articles 91 - 120 of 120
Full-Text Articles in Estates and Trusts
Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P., Stewart E. Sterk
Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P., Stewart E. Sterk
Cardozo Law Review
No abstract provided.
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.
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
Proposing An Amendment To Article 81 To Allow Invalidation Of Wills As Part Of, Or Subsequent To, A Proceeding For Appointment Of A Guardian, Jody Saltzman
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal challenges surrounding the revocation of Wills and Powers of Attorney, particularly in cases involving individuals with dementia. It argues that current legal frameworks, such as New York's postmortem probate system, often fail to address issues of testamentary capacity and undue influence effectively. The analysis highlights the significance of the In re Ruby Slater case, which demonstrates the potential benefits of allowing Will revocations under Article 81 guardianship proceedings. The note advocates for legal reforms to improve the handling of such cases, ensuring greater certainty for testators and protecting vulnerable individuals from exploitation.
The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel
The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel
Cardozo Law Review
No abstract provided.
What The New Millennium Might Bring, Daniel Shapiro
What The New Millennium Might Bring, Daniel Shapiro
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Mediation Of Probate Matters: Leaving A Valuable Legacy, Lela P. Love
Mediation Of Probate Matters: Leaving A Valuable Legacy, Lela P. Love
Articles
No abstract provided.
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Cardozo Law Review
No abstract provided.
License To Copyright: The Ongoing Dispute Over The Ownership Of James Bond, Keith Poliakoff
License To Copyright: The Ongoing Dispute Over The Ownership Of James Bond, Keith Poliakoff
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk
Asset Protection Trusts: Trust Law's Race To The Bottom?, Stewart E. Sterk
Articles
The article examines the evolution and implications of asset protection trusts, highlighting how their use has expanded beyond high-net-worth individuals to professionals like physicians. It critiques the race among jurisdictions, particularly smaller states such as Alaska and Delaware, to create favorable trust laws, arguing that this competition may lead to inefficient and unfair legal frameworks. The analysis emphasizes the tension between creditor rights and debtor protections, suggesting that without federal intervention or multistate coordination, this race could undermine the balance between these interests, potentially harming the broader economy.
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, …
Berkshire Hathaway's Uncommon Accounting, Edmund W. Kitch
Berkshire Hathaway's Uncommon Accounting, Edmund W. Kitch
Cardozo Law Review
No abstract provided.
Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy
Undue Influence And Gender Stereotypes: Legal Doctrine Or Indoctrination?, Veena K. Murthy
Cardozo Journal of Equal Rights & Social Justice
The note argues that the undue influence doctrine in will contests disproportionately affects female testators, reflecting and reinforcing gender stereotypes. Courts are more likely to invalidate wills of female testators, undermining their testamentary freedom, while male testators are often treated as autonomous decision-makers. This disparity stems from societal gender norms that portray women as vulnerable and men as independent.
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Economically Targeted Investments: A Critical Analysis, Edward A. Zelinsky
Articles
No abstract provided.
¿Y Qué Paso? ("And Then What Happened?"): The Plight Of Cuban Detainees At Guantanamo Bay, David Gavilan
¿Y Qué Paso? ("And Then What Happened?"): The Plight Of Cuban Detainees At Guantanamo Bay, David Gavilan
Cardozo Journal of International and Comparative Law
The note argues that Cuban detainees at Guantanamo Bay possess cognizable statutory and constitutional rights under U.S. law, particularly under the First and Fifth Amendments, and that legal organizations have a First Amendment right to access and consult with these detainees. It challenges the government's position that these rights do not apply extraterritorially, asserting that Guantanamo's unique legal status under U.S. jurisdiction necessitates the protection of these rights.
The Myth Of Testamentary Freedom, Melanie B. Leslie
Compensating Caregiving Relatives: Abandoning The Family Member Rule In Contracts, Jonathan S. Henes
Compensating Caregiving Relatives: Abandoning The Family Member Rule In Contracts, Jonathan S. Henes
Cardozo Law Review
The law presumes that a person who performs a valuable service for another will be compensated. However, a limited exception to this principle exists when the services are performed between family members. This exception, also known as the family member rule, is a nineteenth century creation that arose from the courts' understanding of the dynamics of the nineteenth century household. However, the household of the nineteenth century has all but disappeared from contemporary society. With the disappearance of this household, the issue that arises is whether the family member rule is still necessary. This Note argues that it is not …
Libi The Fund For Strengthening Israel’S Defence V. Binstock, Mishael Cheshin, Meir Shamgar, Eliezer Goldberg
Libi The Fund For Strengthening Israel’S Defence V. Binstock, Mishael Cheshin, Meir Shamgar, Eliezer Goldberg
Translated Opinions
Facts: The late Shalom Wagner, in his last will, disinherited his sister and her children, who were his closest family, and left the residue of his estate to the LIBI Fund. The family challenged the will, on the grounds that the deceased had been hospitalized with mental illness shortly before making the will and also subsequently, and at those times he suffered from delusions that his sister was trying to poison him. The deceased’s lawyer, however, testified that the deceased’s reason for changing the will was the fact that his nephew had not returned to him money that he deposited …
When Axioms Collide, Jeffrey Daniel Haskell
When Axioms Collide, Jeffrey Daniel Haskell
Cardozo Law Review
Recently, American courts have begun to adopt an increasingly liberal approach to will construction and reformation. This trend reflects the continuing battle between two elemental axioms of wills law: (i) observing the formalities imposed by the Wills Act, and (ii) admitting extrinsic evidence to effectuate the intent of the testator. As recent case law suggests, the former axiom has been steadily losing ground to the latter. This assault on the previously inviolate stronghold of wills formalities has come in two waves: remedies given for execution errors, and remedies for content errors. This Note establishes that a third wave should follow-remedies …
The Case Against Applying The Relation-Back Doctrine To The Exercise Of General Powers Of Appointment, Melanie Leslie
The Case Against Applying The Relation-Back Doctrine To The Exercise Of General Powers Of Appointment, Melanie Leslie
Cardozo Law Review
No abstract provided.
Naiman V. Attorney General, Meir Shamgar, Dov Levin, Yaakov Malz
Naiman V. Attorney General, Meir Shamgar, Dov Levin, Yaakov Malz
Translated Opinions
Facts: In 1971, the appellants’ father bequeathed to the appellants an apartment, subject to the stipulations that the apartment could not be sold or leased for a period exceeding twelve months, and that any member of his family who came to Israel would be entitled to stay or live in the apartment. In 1974, the appellants applied to the court to sell the apartment, but their application was denied by the trial court and on appeal. In 1990, the applicants applied once again to the court to sell the apartment, arguing, inter alia, that considerations of public policy should …
Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz
Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz
Cardozo Law Review
No abstract provided.
Interest Analysis And Dina Demalkhuta Dina, A Comment On Aaron Kirschenbaum, The Sovereign Power Of The State: A Proposed Theory Of Accommodation In Jewish Law, Malvina Halberstam
Interest Analysis And Dina Demalkhuta Dina, A Comment On Aaron Kirschenbaum, The Sovereign Power Of The State: A Proposed Theory Of Accommodation In Jewish Law, Malvina Halberstam
Cardozo Law Review
No abstract provided.
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.
Out-Of-State Attorney Fee Forfeiture, Lawrence A. Cunningham
Out-Of-State Attorney Fee Forfeiture, Lawrence A. Cunningham
Cardozo Law Review
No abstract provided.
Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert
Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert
Cardozo Law Review
No abstract provided.
Limping Is No Sin: Reflections On Making Health Care Decisions, Jay Katz
Limping Is No Sin: Reflections On Making Health Care Decisions, Jay Katz
Cardozo Law Review
No abstract provided.
The Estate And Gift Tax Changes Of 1981: A Brief Essay On Historical Perspective, Edward A. Zelinsky
The Estate And Gift Tax Changes Of 1981: A Brief Essay On Historical Perspective, Edward A. Zelinsky
Articles
No abstract provided.
Editor's Introduction, Richard H. Weisberg
Editor's Introduction, Richard H. Weisberg
Articles
The article introduces a special issue of a journal dedicated to the field of Law and Literature, showcasing essays that highlight the enduring relevance of literary works in understanding legal themes and structures. It emphasizes the significance of Kafka's The Trial and other works by authors like Dickens and Chaucer in exploring legal systems and their societal impact. The issue also underscores the importance of interdisciplinary scholarship in advancing the field, demonstrating its ability to attract new voices and perspectives.
Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox
Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox
Cardozo Law Review
No abstract provided.