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How Should Inheritance Law Remediate Inequality?, Felix B. Chang 2022 University of Cincinnati College of Law

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Faculty Articles and Other Publications

This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.

Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and spurring savings and investment in low-income households.

T&E scholars are tackling inequality with greater urgency than ever before; yet basic questions remain. The Essay contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality.


Administrative Law In The Automated State, Cary Coglianese 2021 University of Pennsylvania Law School

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


Restorative Justice, Law, And Healing, Henry J. Shea 2021 University of St. Thomas School of Law

Restorative Justice, Law, And Healing, Henry J. Shea

University of St. Thomas Law Journal

No abstract provided.


The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma 2021 University of St. Thomas, Minnesota

The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma

University of St. Thomas Law Journal

No abstract provided.


Restorative Revelations, Monica Cosby, Annalise Buth 2021 University of St. Thomas, Minnesota

Restorative Revelations, Monica Cosby, Annalise Buth

University of St. Thomas Law Journal

No abstract provided.


Confessions Of A Catholic Litigator, David A. Shaneyfelt 2021 University of St. Thomas, Minnesota

Confessions Of A Catholic Litigator, David A. Shaneyfelt

University of St. Thomas Law Journal

No abstract provided.


The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner 2021 University of St. Thomas, Minnesota

The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner

University of St. Thomas Law Journal

No abstract provided.


Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak 2021 University of St. Thomas, Minnesota

Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak

University of St. Thomas Law Journal

No abstract provided.


Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith 2021 University of St. Thomas, Minnesota

Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith

University of St. Thomas Law Journal

No abstract provided.


Keynote Address, Jeanne Bishop 2021 University of St. Thomas, Minnesota

Keynote Address, Jeanne Bishop

University of St. Thomas Law Journal

No abstract provided.


Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr. 2021 Gakushuin University

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms ...


Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti 2021 University of Pittsburgh School of Law

Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti

Articles

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some within the LGBTQ+ community opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. On the other hand, LGBTQ+ proponents of same-sex marriage saw marriage as a civil rights issue because of the central importance of marriage in American society. They sensed a profound wrong in the denial of the benefits of ...


Sovereigns, Freemen, And Desperate Souls: Towards A Rigorous Understanding Of Pseudolitigation Tactics In United States Courts, Samuel Barrows 2021 Boston College Law School

Sovereigns, Freemen, And Desperate Souls: Towards A Rigorous Understanding Of Pseudolitigation Tactics In United States Courts, Samuel Barrows

Boston College Law Review

In recent years, American courts have seen a significant increase in legal filings displaying unusual markings and arguing groundless legal theories. These so-called “pseudolegal” filings are the product of an organized network of amateur legal scholars and con artists who represent an ongoing threat to the justice system. They waste judicial time and resources and encourage abuse of Uniform Commercial Code financing statements for the purpose of harassing others. This Note argues that, in order to combat pseudolaw, courts should make more aggressive use of available gatekeeping tools to screen out these filings. To effectively accomplish this task, courts will ...


Law And Development The Experience Of The Palestinian Authority Since The Oslo Agreements, Asem Khalil, Jamil Elias Salem 2021 NYU School of Law & Birzeit University

Law And Development The Experience Of The Palestinian Authority Since The Oslo Agreements, Asem Khalil, Jamil Elias Salem

Journal Sharia and Law

This paper sheds light on the relationship between law and development; more specifically, it deals with statutory laws and economic development. The case study will deal with Palestine after the Oslo agreements. Statutory laws are used, in contemporary states or proto-states, as is the case with the Palestinian Authority, to effectuate change; however, change occurs in all institutions and legal systems. The question that arises here is: why effect change through statuary laws?

This paper shows that one of the goals of statutory laws is to accelerate the process of socio-economic change through a planned process of legal reform and ...


Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School of Law 2021 Roger Williams University

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Opioid Crisis Or Climate Change: Which Is More Likely To Succeed Under The Tobacco Litigation Model?, Elizabeth W. De Leon 2021 Texas A&M University School of Law

The Opioid Crisis Or Climate Change: Which Is More Likely To Succeed Under The Tobacco Litigation Model?, Elizabeth W. De Leon

Texas A&M Law Review

Societal problems can occasionally have legal solutions, and several tools exist to implement change, including litigation and regulation. However, what elements make a societal problem more suitable for litigation or regulation? This Article examines four different societal issues (tobacco use, obesity, opioid addiction, and climate change) to determine whether litigation or regulation is the more appropriate route for success. The tobacco litigation serves as a successful example, while the fast food litigation serves as an unsuccessful example. Six signs of success are derived from the tobacco litigation: a large settlement agreement, evidence of corporate wrongdoing, change in public opinion, the ...


The Unity Of Jurisdiction: Its Reality And Impact On The Mauritania Judicial System, 2021 United Arab Emirates University

The Unity Of Jurisdiction: Its Reality And Impact On The Mauritania Judicial System

Journal Sharia and Law

The existence of two applicable judicial orders within one judicial system shows the uniqueness of the Mauritanian judiciary system when dealing with conflicts between private parties and administration. The choice of such a system is justified for various reasons some of which are economical and social. The implementation of this system during independence was not accompanied by developmental and reform measures, and when the reforms were implemented, they did not have the expected impact. In fact, its shortcomings are reflected in judicial and administrative practices.

Résumé de texte en français

L’existence d’un ordre judiciaire unique et de deux ...


2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School of Law 2021 Roger Williams University

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Santa Fe Reporter Interviews Maryam Ahranjani: Change Of Venue, District Court Judge To Consider Defense’S Argument That A Fair Trial In The Slaying Of Basketball Star Is Impossible In Santa Fe, Maryam Ahranjani, Katherine Lewin 2021 University of New Mexico - School of Law

Santa Fe Reporter Interviews Maryam Ahranjani: Change Of Venue, District Court Judge To Consider Defense’S Argument That A Fair Trial In The Slaying Of Basketball Star Is Impossible In Santa Fe, Maryam Ahranjani, Katherine Lewin

Faculty Scholarship

Maryam Ahranjani, a criminal law professor at the University of New Mexico, concedes that the "accessibility" of information is much different now than when the Founding Fathers ratified the Sixth Amendment (the right to a speedy and public trial by an impartial jury), but that the original idea of that section of the Constitution stemmed from the belief trials are best held in the community in which they occurred.

"Certainly judges are willing to change venues sometimes, consistent with that original idea that the local community is what defines the crime and so they're the ones who should determine ...


Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


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