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Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Quit Rent Rolls In Philadelphia County (Penn Family Estates), Due 1688/9, American Philosophical Society, Molly E. Nebiolo, Cynthia Heider 2020 University of Pennsylvania

Quit Rent Rolls In Philadelphia County (Penn Family Estates), Due 1688/9, American Philosophical Society, Molly E. Nebiolo, Cynthia Heider

The Magazine of Early American Datasets (MEAD)

81818app手机版下载This dataset was created from a volume listing quit rents due in Philadelphia County, 1 March 1688/9, held within the Penn Family Estates Collection at the American Philosophical Society Library. Quit rents (also quitrents or quit-rents) were fees collected by proprietors of the British colonies, in this case William Penn, to reinforce power and ownership over the land rented by farmers. They also represented a way for the English Crown to keep hold over the colonies. The dataset lists names of individuals and their status (first purchaser, renter, etc.), quantity of land in acres, dates of survey and dates ...


Community-Driven Climate Solutions: How Public-Private Partnerships With Land Trusts Can Advance Climate Action, Jessica Grannis 2020 William & Mary Law School

Community-Driven Climate Solutions: How Public-Private Partnerships With Land Trusts Can Advance Climate Action, Jessica Grannis

William & Mary Environmental Law and Policy Review

81818app手机版下载In 2018 and 2019, several landmark developments demonstrated the failings of past efforts to address climate change and the need for new and more ambitious solutions. In October 2018, the Intergovernmental Panel on Climate Change (“IPCC”) released a dire report indicating that the window is rapidly closing for countries to dramatically reduce emissions in order to avoid the worst consequences of climate change and predicting dramatic consequences to the environment and public health if countries fail to take action; young activists started taking to the streets to demand more ambitious action to address climate change; and, at the 25th Conference ...


Kaestner Fails: The Way Forward, Mitchell M. Gans 2020 William & Mary Law School 81818app手机版下载

Kaestner Fails: The Way Forward, Mitchell M. Gans

William & Mary Business Law Review

This past term, the Supreme Court applied the Due Process Clause to prevent the states from closing down a tax strategy that employs out-of-state trusts. Many had hoped that the case would serve as a vehicle for the Court to overrule taxpayer-friendly precedents that make the strategy possible. But it failed. The question that emerges is whether the decision leaves the states with a path to address the strategy and thereby prevent it from being used to exacerbate issues of inequality. After examining the decision, this Article considers the options available to the states and then suggests a way forward.


Blockchain Wills, Bridget J. Crawford 2020 Elisabeth Haub School of Law at Pace University

Blockchain Wills, Bridget J. Crawford

Pace Law Faculty Publications

Blockchain technology has the potential to radically alter the way that people have executed wills for centuries. This Article makes two principal claims--one descriptive and the other normative. Descriptively, this Article suggests that traditional wills formalities have been relaxed to the point that they no longer serve the cautionary, protective, evidentiary, and channeling functions that scholars have used to justify strict compliance with wills formalities. Widespread use of digital technology in everyday communications has led to several notable cases in which individuals have attempted to execute wills electronically. These wills have had a mixed reception. Four states currently recognize electronic ...


Parens Patriae And The Disinherited Child, Michael J. Higdon 2020 University of Tennessee - Knoxville

Parens Patriae And The Disinherited Child, Michael J. Higdon

Washington Law Review

81818app手机版下载Most countries have safeguards in place to protect children from disinheritance. The United States is not one of them. Since its founding, America has clung tightly to the ideal of testamentary freedom, refusing to erect any barriers to a testator’s ability to disinherit his or her children—regardless of the child’s age or financial needs. Over the years, however, disinheritance has become more common given the evolving American family, specifically the increased incidences of divorce, remarriage, and cohabitation. Critics of the American approach have offered up reforms based largely on the two models currently employed by other countries ...


What Probate Courts Cite: Lessons From The New York County Surrogate’S Court 2017-2018, Bridget J. Crawford 2020 Elisabeth Haub School of Law at Pace University 81818app手机版下载

What Probate Courts Cite: Lessons From The New York County Surrogate’S Court 2017-2018, Bridget J. Crawford

Pace Law Faculty Publications

81818app手机版下载By knowing what a judge cites, one may better understand what the judge believes is important, how the judge understands her work will be used, and how the judge conceives of the judicial role. Empirical scholars have devoted serious attention to the citation practices and patterns of the Supreme Court of the United States, the United States Courts of Appeals, and multiple state supreme courts. Remarkably little is known about what probate courts cite. This Article makes three principal claims — one empirical, one interpretative, and one normative. This Article demonstrates through data, derived from a study of all decrees and ...


Advanced Health Care Directives In Nebraska: Health Care Power Of Attorney And Living Wills, J. David Aiken 2020 University of Nebraska-Lincoln 81818app手机版下载

Advanced Health Care Directives In Nebraska: Health Care Power Of Attorney And Living Wills, J. David Aiken

Extension Farm and Ranch Management

81818app手机版下载First paragraph:

During this period of coronavirus pandemic, some Nebraskans may be concerned about how medical decisions will be made for them if they are unable to communicate their wishes to their health care providers themselves. In these circumstances, health care providers will normally consult with the patient’s family members who may be available (spouse, then adult children–consensus, then parents, etc.) If no family members are present, the health care providers will use their best medical judgment in making health care decisions for the patient.

Disclaimer

This information is intended for educational purposes only; it must not be ...


Accounting For Ag: Step Up While Passing Down, Austin Duerfeldt 2020 University of Nebraska-Lincoln 81818app手机版下载

Accounting For Ag: Step Up While Passing Down, Austin Duerfeldt

Extension Farm and Ranch Management

Summary

81818app手机版下载Through this article, I hope you’ve gained a better understanding of the basics of a step up in basis. A step up in basis can be viewed as an opportune time to sell long held farm ground that appreciated in value, with little to no capital gain issues. It plays a vital role in estate planning. In the individual case of each farmer/rancher, how the step up in basis might work for your operation varies on many specific circumstances. Developing an estate planning team that includes professionals such as an attorney and accountant, as well as, investment ...


In Terrorem Clauses: Broad, Narrow, Or Both?, Evan J. Shaheen 2020 Notre Dame Law School

In Terrorem Clauses: Broad, Narrow, Or Both?, Evan J. Shaheen

Notre Dame Law Review

While the idea of the “carrot and stick” seems simple in theory, in terrorem clauses are governed by state law, with their application varying in large part by jurisdiction. Nevertheless, this Note seeks to identify some of the broad principles on which many in terrorem clauses rely, while also delineating several of the different state law approaches thereto. It does this by describing some of the potential problems with in terrorem clauses and posing potential solutions in the context of a variety of state law jurisprudence.

81818app手机版下载This Note will first address what will be defined as the “puppet problem.” By ...


Fraying The Knot: Marital Property, Probate, And Practical Problems With Tribal Marriage Bans, Suzianne D. Painter-Thorne 2020 Brooklyn Law School 81818app手机版下载

Fraying The Knot: Marital Property, Probate, And Practical Problems With Tribal Marriage Bans, Suzianne D. Painter-Thorne

Brooklyn Law Review

While marriage equality is thought to be the law of the land, that is not necessarily true for members of nearly a dozen Indian tribes that continue to prohibit same-sex marriage. Whether a tribe permits same-sex marriage rests on the tribes’ inherent authority to govern their own internal affairs. Acting pursuant to that inherent authority, many tribes were leaders on the issue of marriage equality, legalizing same-sex marriage when most states prohibited such marriages. Other tribes, however, like the Navajo Nation, limit marriages to “one man and one woman.” As a consequence, a married Indian couple may have their marriage ...


Utilizing Estate Plans To Achieve Economic Justice, Geber Penate 2020 Golden Gate University School of Law

Utilizing Estate Plans To Achieve Economic Justice, Geber Penate

Poverty Law Conference & Symposium

81818app手机版下载Bayview has been the home to many black families for decades. However, the inability of title-holders to create distribution plans for their estate before their death has contributed to their ultimate displacement. When a title-holder of property dies, their property is required to go through a court system known as probate. The probate court system has various functions ranging from identifying assets, calculating any owed taxes and fees, and distributing property. The only way to avoid probate is through the execution of a probate-avoidance distribution document, which is mentioned in further detail below. The probate court system, to say the ...


Assumptions (Mistakes) That Parents Make With Estate Plans, Allan Vyhnalek 2020 University of Nebraska-Lincoln

Assumptions (Mistakes) That Parents Make With Estate Plans, Allan Vyhnalek

Extension Farm and Ranch Management

Excerpt:

The main take-home message should be that the parents: 1) have a plan and continue to revise that plan from time to time and 2) be sure to think through the unintended consequences of your plan. Hopefully, some of the common assumptions mentioned here can be put into place so that the family does stay together for decades to come.

81818app手机版下载This is not an exhaustive list of assumptions that can go awry. It is being presented as a place for family thought and discussion to start. For more information go to: . There are other ...


The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary 2020 University of Oregon 81818app手机版下载

The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary

University of Cincinnati Law Review

No abstract provided.


The New Fiduciaries, Natalya Shnitser 2020 Boston College Law School

The New Fiduciaries, Natalya Shnitser

University of Cincinnati Law Review

The regulation of employer-sponsored retirement plans in the United States relies on fiduciary standards drawn from donative trust law to regulate the conduct of those with authority or discretion over plan assets. The mismatch between the trust-based fiduciary framework and the rights and interests of employers and employees has contributed to the high cost of pension fund investing and the significant gaps in pension coverage in the private sector. In recent years, state and local governments have stepped in to reduce the retirement coverage gap by creating state-facilitated retirement savings programs for private-sector workers who lack access to employment-based coverage ...


The New Fiduciaries, Natalya Shnitser 2020 Boston College Law School

The New Fiduciaries, Natalya Shnitser

Boston College Law School Faculty Papers

The regulation of employer-sponsored retirement plans in the United States relies on fiduciary standards drawn from donative trust law to regulate the conduct of those with authority or discretion over plan assets. The mismatch between the trust-based fiduciary framework and the rights and interests of employers and employees has contributed to the high cost of pension fund investing and the significant gaps in pension coverage in the private sector. In recent years, state and local governments have stepped in to reduce the retirement coverage gap by creating state-facilitated retirement savings programs for private-sector workers who lack access to employment-based coverage ...


Technology Adrift: In Search Of A Role For Electronic Wills, Adam J. Hirsch 2020 University of San Diego

Technology Adrift: In Search Of A Role For Electronic Wills, Adam J. Hirsch

Boston College Law Review

This Article addresses the law and public policy of electronic wills. The Article analyzes state statutes that either apply explicitly, or might apply implicitly, to wills of this type and concludes that judicial approval of electronic wills is already within the realm of possibility even in the many states that do not expressly allow them. The Article also examines the case law to date on this issue, both in the United States and in foreign jurisdictions, including several cases that have not previously been noted by American commentators. The Article then addresses the merits and demerits of electronic wills and ...


Deconstructing Foundational Principles Of Trusts And Estates Law, Sergio Pareja 2020 University of New Mexico - School of Law 81818app手机版下载

Deconstructing Foundational Principles Of Trusts And Estates Law, Sergio Pareja

Faculty Scholarship

REVIEW: Naomi R. Cahn, , 2019 Wis. L. Rev.81818app手机版下载 165 (2019).

All areas of the law have certain foundational principles or beliefs that are widely shared. These underlying assumptions often go unchallenged. In the trusts and estates field, these principles include: (1) giving a certain amount of ongoing control to the transferor, or in the case of a decedent, to the “,” (2) respect for formality, (3) the importance of the traditional, legally-recognized family, and (4) the “wealth” narrative that focuses on the transmission of conventional forms of wealth.

In her thought-provoking article, Professor ...


The New Ice Age: Addressing The Deficiencies In Arkansas's Posthumously Conceived Children Statute, Patrick Grecu 2020 University of Arkansas, Fayetteville

The New Ice Age: Addressing The Deficiencies In Arkansas's Posthumously Conceived Children Statute, Patrick Grecu

Arkansas Law Review

The ability to conceive a child using the preserved genetic material, or gametes, of a deceased person presents a number of legal issues for inheritance, estate planning, Social Security, and parental rights. New medical advancements in assisted reproductive technology (ART) enable individuals to conceive children after their death, complicating the conventional methods of determining heirship of the decedent under state intestacy laws. The purpose of intestacy law is to determine the succession of a decedent that dies without a will, or intestate, with the goal of carrying out the donative intent of the decedent. Intestacy law has failed to keep ...


Family Limited Partnerships: Are They Still A Viable Weapon In The Estate Planner’S Arsenal?, Matthew Van Leer-Greenberg Esq., LLM 2020 Associate at the Law Firm of Van Leer and Greenberg Esqs.

Family Limited Partnerships: Are They Still A Viable Weapon In The Estate Planner’S Arsenal?, Matthew Van Leer-Greenberg Esq., Llm

Roger Williams University Law Review

No abstract provided.