A Comment On Modernizing New York Trust Law,
2018
Maurice A. Deane School of Law at Hofstra University
A Comment On Modernizing New York Trust Law, C. Raymond Radigan, Jennifer F. Hillman
ACTEC Law Journal
No abstract provided.
Trust Flexibility And The Role Of Courts In Limiting Property Forms,
2018
Maurice A. Deane School of Law at Hofstra University
Trust Flexibility And The Role Of Courts In Limiting Property Forms, Carla Spivack
ACTEC Law Journal
No abstract provided.
Response: A Modern Assessment Of Intestacy Law,
2018
Maurice A. Deane School of Law at Hofstra University
Response: A Modern Assessment Of Intestacy Law, James G. Pressly Jr., J. Grier Pressly Iii
ACTEC Law Journal
No abstract provided.
A Response To Democracy And Trusts,
2018
Maurice A. Deane School of Law at Hofstra University
A Response To Democracy And Trusts, Jake Calvert
ACTEC Law Journal
No abstract provided.
Commentary,
2018
Maurice A. Deane School of Law at Hofstra University
The New York Revised Statutes' Trust Code And The Path Of The Common Law,
2018
Maurice A. Deane School of Law at Hofstra University
The New York Revised Statutes' Trust Code And The Path Of The Common Law, Alfred L. Brophy
ACTEC Law Journal
No abstract provided.
Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law,
2018
Maurice A. Deane School of Law at Hofstra University
Powers Of Attorney Under The Uniform Power Of Attorney Act Including Reference To Virginia Law, F. Philip Manns Jr.
ACTEC Law Journal
The Uniform Power of Attorney Act (UPOAA), approved in 2006, slightly amended in 2008 and more significantly amended in 2016, has been adopted by 27 U.S. jurisdictions. The UPOAA promotes uniformity in language delineating an agent's powers and mandates that third parties accept notarized powers of attorney. Under the UPOAA, an instrument simply granting an agent authority to do "all acts that a principal could do," vests that agent with broad powers: the precise delineation of those powers is produced by about a dozen pages of UPOAA text automatically incorporated by reference into such "all acts" instruments. However, the UPOAA …
Intestacy, Wills, And Intent: A Short Comment On Wright & Sterner,
2018
Maurice A. Deane School of Law at Hofstra University
Intestacy, Wills, And Intent: A Short Comment On Wright & Sterner, David Horton
ACTEC Law Journal
No abstract provided.
"Undemocratic" Trusts And The Numerus Clausus Principle,
2018
Maurice A. Deane School of Law at Hofstra University
"Undemocratic" Trusts And The Numerus Clausus Principle, E. Gary Spitko
ACTEC Law Journal
In Democracy and Trusts, Professor Carla Spivack argues that, pursuant to the numerus clausus principle, a court is empowered to impair legislation authorizing a certain trust form where the legislation was not the product of "democratic decision-making." This imaginative claim is predicated upon two antecedent claims. First, Professor Spivack argues that the numerus clausus principle should apply to equitable interests. Second, she argues that the numerus clausus principle does not invest legislatures with the sole authority to determine allowable property forms; rather, courts also have an important role to play in composing the list of property forms. This review essay …
Hb 121 - Property, Wills, Trusts, And Estates,
2018
Georgia State University College of Law
Hb 121 - Property, Wills, Trusts, And Estates, Colt Burnett, Ben Dell'orto
Georgia State University Law Review
The Act amends several aspects of trust law, including updating the application of the Uniform Statutory Rule Against Perpetuities in Georgia by extending the time within which a nonvested property interest or power of appointment must vest from 90 to 360 years. The Act also allows for modifications of a trust without judicial approval in some cases. Many passages are simplified, including the calculation of compensation for a trustee, which can now be modified through different procedures. Finally, the Act codifies the role of trust directors.
Elegy,
2018
Maurice A. Deane School of Law at Hofstra University
Response To Professor Horton, Mr. James Pressly And Mr. J. Grier Pressly,
2018
Maurice A. Deane School of Law at Hofstra University
Response To Professor Horton, Mr. James Pressly And Mr. J. Grier Pressly, Danaya C. Wright, Beth Sterner
ACTEC Law Journal
No abstract provided.
Sb 301 - Wills, Trusts, And Administration Of Estates,
2018
Georgia State University College of Law
Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano
Georgia State University Law Review
The Act creates the “Revised Uniform Fiduciary Access to Digital Assets Act,” extends fiduciaries’ powers to include managing tangible property and digital assets, and provides conforming cross-references for a conservator.
Hitting Rewind: The Supreme Court Of Pennsylvania In Trust Under Agreement Of Taylor Signals A Move Away From Modern Developments Of Trust Law By Requiring More Stringent Standards For Corporate Trustee Removal,
2018
Villanova University Charles Widger School of Law
Hitting Rewind: The Supreme Court Of Pennsylvania In Trust Under Agreement Of Taylor Signals A Move Away From Modern Developments Of Trust Law By Requiring More Stringent Standards For Corporate Trustee Removal, Ryan J. Ahrens
Villanova Law Review (1956 - )
No abstract provided.
Wills, Trusts, And Estates,
2018
University of Richmond
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
The 2018 Virginia General Assembly enacted legislation to conform the interpretation of wills with trusts, revised the recent trust decanting and augmented estate statutes, and provided a procedure for resolving doctor/patient disputes over appropriate medical care. It also confirmed the creditor protection available for life insurance and annuities, and addressed certain entities’ eligibility for real and personal property tax exemptions, annual disclosures of charitable organizations’ administrative and charitable service expenses, virtual nonstock corporation member meetings, bank directors’ stock holdings, the disposition of unused tax credits at the taxpayer’s death, and fiduciary qualification without surety. The Supreme Court of Virginia handed …
Compelling Trustees To Exercise Their Discretion: A Principle Of Non-Intervention?,
2018
Singapore Management University
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 …
Do You Tru$T Your Children: A Parent’S Final Dilemma,
2018
Cornell Law School, J.D. Candidate 2019
Do You Tru$T Your Children: A Parent’S Final Dilemma, J. Sam Rodgers
Cornell Journal of Law and Public Policy
Incentive trusts developed out of unique American inheritance laws and have become a regarded estate planning tool. Policy, observation, and research suggest that they are inadequate, although still uncritically used. A Hidden Bonus Trust is an improved solution that builds on the shortcomings of incentive trusts. Hidden Bonus Trusts quench parents’ desires to leave legacies and motivate troubled beneficiaries.
The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course,
2018
Cleveland-Marshall College of Law, Cleveland State University
The Holy Grail? Designing And Teaching An Integrated Doctrine And Drafting Course, Claire C. Robinson May
Law Faculty Articles and Essays
I’ve long considered teaching doctrine and skills together in a single course to be the holy grail of legal education. If we could do so successfully, we might make significant strides in providing a legal education that better prepares our students to be practicing lawyers. In spring 2016, my colleague Professor April Cherry and I took the plunge and collaboratively offered a course titled Estates and Trusts: Doctrine and Drafting at our institution, Cleveland-Marshall College of Law. This essay describes our experience and lessons learned pursuing the holy grail.
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures,
2018
Benjamin N. Cardozo School of Law
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.
Bankruptcy Fiduciary Duties In The World Of Claims Trading,
2018
Brooklyn Law School
Bankruptcy Fiduciary Duties In The World Of Claims Trading, John A. E. Pottow
Brooklyn Journal of Corporate, Financial & Commercial Law
In earlier work, I explored the role of fiduciary duties in the bankruptcy trustee’s administration of a debtor’s estate, noting the absence of any explicit demarcation of those duties in the Bankruptcy Code. In this piece, I report the highlights of that analysis and see to what extent (if any) fiduciary duties can inform policy prescriptions for the issue of bankruptcy claims trading, colorfully referred to by some as the world of “bankruptcy M&A.” My initial take is pessimistic. Fiduciary duties, at least as traditionally conceived in bankruptcy, are unlikely to provide much help. But there is still a source …
