Fiduciary Litigation in Louisiana: Mandataries, Succession Representatives, and Trustees by Elizabeth Ruth Carter (Aug. 15, 2019)

Elizabeth Carter has made her paper, Fiduciary Litigation in Louisiana: Mandataries, Succession Representatives, and Trustees, available for download. This article was published as a part of the Louisiana Law Review. The abstract of this article, available on SSRN, reads as follows: This article provides an overview of common types of fiduciary litigation in the estate … Continue reading Fiduciary Litigation in Louisiana: Mandataries, Succession Representatives, and Trustees by Elizabeth Ruth Carter (Aug. 15, 2019)

Unearthing the Origins of Quasi-Property Status by Alix Rogers (Oct. 30, 2019)

Alix Rogers has made her paper, Unearthing the Origins of Quasi-Property Status, available for download. This article was published as a part of the Hastings Law Journal. The abstract of this article, available on SSRN, reads as follows: Under contemporary American law human corpses and some bodily parts are classified as quasi-property. Quasi-property is an … Continue reading Unearthing the Origins of Quasi-Property Status by Alix Rogers (Oct. 30, 2019)

The Location of Holographic Wills by Kevin Bennardo and Mark Glover (Sept. 23, 2019)

Kevin Bennardo and Mark Glover have made their paper, The Location of Holographic Wills, available for download. This article was published as a part of the North Carolina Law Review. The abstract of this article, available on SSRN, reads as follows: North Carolina should abolish its location requirement for making a holographic will. Under the … Continue reading The Location of Holographic Wills by Kevin Bennardo and Mark Glover (Sept. 23, 2019)

Fraud on a Power, Improper Purpose and Fiduciary Accountability by Robert Flannigan (Jan. 15, 2020)

Robert Flannigan has made his paper, Fraud on a Power, Improper Purpose and Fiduciary Accountability, available for download. This article was published as a part of the Canadian Business Law Journal. The abstract of this article, available on SSRN, reads as follows: There is a functional difference between fiduciary accountability and the fraud on a … Continue reading Fraud on a Power, Improper Purpose and Fiduciary Accountability by Robert Flannigan (Jan. 15, 2020)

Intensity and Authenticity: The Duty to Give Real and Genuine Consideration in the Context of Superannuation Trusts by Samantha Hepburn (Sept. 28, 2019)

Samantha Hepburn has made her paper, Intensity and Authenticity: The Duty to Give Real and Genuine Consideration in the Context of Superannuation Trusts, available for download. This article was published as a part of a Deakin Law School Research Paper. The abstract of this article, available on SSRN, reads as follows: This article critically examines … Continue reading Intensity and Authenticity: The Duty to Give Real and Genuine Consideration in the Context of Superannuation Trusts by Samantha Hepburn (Sept. 28, 2019)

Trust and Advice by Andrew S. Gold (Oct. 2, 2019)

Andrew Gold has made his paper, Trust and Advice, available for download. This article was published as a part of Forthcoming, in Fiduciaries and Trust: Ethics, Politics, Economics and Law. The abstract of this article, available on SSRN, reads as follows: Trust matters to fiduciary law in a variety of ways. This chapter focuses on … Continue reading Trust and Advice by Andrew S. Gold (Oct. 2, 2019)

Civil and Common Law by Lionel Smith (Sept. 24, 2019)

Lionel Smith has made his paper, Civil and Common Law, available for download. This article was published as a part of the Oxford Handbook of the New Private Law. The abstract of this article, available on SSRN, reads as follows: This text is a chapter in the forthcoming Oxford Handbook of the New Private Law. … Continue reading Civil and Common Law by Lionel Smith (Sept. 24, 2019)

Foreword: Twenty Years of the Uniform Trust Code by Jeffrey A. Cooper (Oct. 11, 2019)

Jeffrey Cooper has made his paper, Foreword: Twenty Years of the Uniform Trust Code, available for download. This article was published as a part of the ACTEC Law Journal. The abstract of this article, available on SSRN, reads as follows: As we approach the 20th anniversary of the codification of the Uniform Trust Code (the … Continue reading Foreword: Twenty Years of the Uniform Trust Code by Jeffrey A. Cooper (Oct. 11, 2019)

Do-It-Yourself Wills by David Horton (Nov. 6, 2019)

David Horton has made his paper, Do-It-Yourself Wills, available for download. This article was published as a part of the UC Davis Law Review. The abstract of this article, available on SSRN, reads as follows: Although most testators hire lawyers, others draft their own wills. Some try to comply with the Wills Act, which requires … Continue reading Do-It-Yourself Wills by David Horton (Nov. 6, 2019)

Discretion and Equitable Compensation by Simone Degeling (Nov. 21, 2019)

Simone Degeling has made her paper, Discretion and Equitable Compensation, available for download. This article was published as a part of Simone Degeling and Jason NE Varuhas Equitable Compensation and Disgorgement of Profit. The abstract of this article, available on SSRN, reads as follows: This chapter considers the ambit of equitable compensation. As an equitable … Continue reading Discretion and Equitable Compensation by Simone Degeling (Nov. 21, 2019)

Non-Charitable Purpose Trusts: The Missing Right to Forego Enforcement by Kelvin F.K. Low (Jan. 3, 2020)

Kelvin Low has made his paper, Non-Charitable Purpose Trusts: The Missing Right to Forego Enforcement, available for download. This article was published as a part of Cambridge University Press. The abstract of this article, available on SSRN, reads as follows: Orthodox trust law invalidates non-charitable purpose trusts on the basis of the beneficiary principle. However, … Continue reading Non-Charitable Purpose Trusts: The Missing Right to Forego Enforcement by Kelvin F.K. Low (Jan. 3, 2020)

How Trust-Like Is Russia’s Fiduciary Management? Answers from Louisiana by Markus G. Puder (Dec. 6, 2019)

Markus Puder has made his paper, How Trust-Like Is Russia's Fiduciary Management? Answers from Louisiana, available for download. This article was published as a research paper at Loyola University New Orleans College of Law. The abstract of this article, available on SSRN, reads as follows: This article introduces Russia's legal concept of “fiduciary management” - … Continue reading How Trust-Like Is Russia’s Fiduciary Management? Answers from Louisiana by Markus G. Puder (Dec. 6, 2019)

Resolving the Status of the Bare Trust by Robert Flannigan (Jan. 5, 2020)

Robert Flannigan has made his paper, Resolving the Status of the Bare Trust, available for download. This article was published as a part of a working paper series. The abstract of this article, available on SSRN, reads as follows: A number of diverse arrangements commonly are described as “bare trusts.” Trustees are said to be … Continue reading Resolving the Status of the Bare Trust by Robert Flannigan (Jan. 5, 2020)

Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique And Reform by Adam S. Hofri-Winogradow and Gadi Weiss (Nov. 27, 2019)

Adam S. Hofri-Winogradow and Gadi Weiss have made their paper, Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique And Reform, available for download. This article was published as a part of the Modern Law Review. The abstract of this article, available on SSRN, reads as follows: This article shows that parties to trusts currently … Continue reading Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique And Reform by Adam S. Hofri-Winogradow and Gadi Weiss (Nov. 27, 2019)

Examining the Impact of Divestment from Fossil Fuels on University Endowments by CJ Ryan and Christopher Marsicano (Dec. 9, 2019)

CJ Ryan and Christopher Marsicano have made their paper, Examining the Impact of Divestment from Fossil Fuels on University Endowments, available for download. This article was published as a legal studies paper at Roger Williams University School of Law. The abstract of this article, available on SSRN, reads as follows: Between 2011 and 2018, 35 … Continue reading Examining the Impact of Divestment from Fossil Fuels on University Endowments by CJ Ryan and Christopher Marsicano (Dec. 9, 2019)

Comment Letter of Professors John D. Morley and Robert H. Sitkoff on the Office of the Comptroller of the Currency’s Advance Notice of Proposed Rulemaking on the Definition of ‘Fiduciary Capacity’ Regarding ‘Directed Trusts’ by John Morley and Robert H. Sitkoff (Nov. 8, 2019)

John Morley and Robert Sitkoff have made their paper, Comment Letter of Professors John D. Morley and Robert H. Sitkoff on the Office of the Comptroller of the Currency's Advance Notice of Proposed Rulemaking on the Definition of 'Fiduciary Capacity' Regarding 'Directed Trusts', available for download. This article was published as a comment letter from … Continue reading Comment Letter of Professors John D. Morley and Robert H. Sitkoff on the Office of the Comptroller of the Currency’s Advance Notice of Proposed Rulemaking on the Definition of ‘Fiduciary Capacity’ Regarding ‘Directed Trusts’ by John Morley and Robert H. Sitkoff (Nov. 8, 2019)

What Probate Courts Cite: Lessons from the New York County Surrogate’s Court 2017-2018 by Bridget J. Crawford (Nov. 4, 2019)

Bridget J. Crawford has made her paper, What Probate Courts Cite: Lessons from the New York County Surrogate's Court 2017-2018, available for download. This article was published as a part of the UC Davis Law Review. The abstract of this article, available on SSRN, reads as follows: By knowing what a judge cites, one may … Continue reading What Probate Courts Cite: Lessons from the New York County Surrogate’s Court 2017-2018 by Bridget J. Crawford (Nov. 4, 2019)

Constructive Trusts and Fraudulent Transfers: When Worlds Collide by David Gray Carlson (Nov. 11, 2019)

David Gray Carlson has made his paper, Constructive Trusts and Fraudulent Transfers: When Worlds Collide, available for download. This article was published as a part of the Marquette Law Review. The abstract of this article, available on SSRN, reads as follows: When Ponzi schemes collapse and enter into bankruptcy liquidation, bankruptcy trustees assume that conveyances … Continue reading Constructive Trusts and Fraudulent Transfers: When Worlds Collide by David Gray Carlson (Nov. 11, 2019)

The Myth of Testamentary Freedom by Melanie B. Leslie (Nov. 4, 2019)

Melanie Leslie has made her paper, The Myth of Testamentary Freedom, available for download. This article was published as a part of the Arizona Law Review. The abstract of this article, available on SSRN, reads as follows: This article examines how courts enforce moral norms by manipulating doctrines· designed to root out wills that lack … Continue reading The Myth of Testamentary Freedom by Melanie B. Leslie (Nov. 4, 2019)

Higher Education Savings and Planning: Tax and Nontax Considerations by Philip Manns and Timothy M. Todd (Nov. 6, 2019)

Philip Manns and Timothy Todd have made their paper, Higher Education Savings and Planning: Tax and Nontax Considerations, available for download. This article was published as a part of the Texas A&M Law Review. The abstract of this article, available on SSRN, reads as follows: Funding higher education is among the critical financial decisions made … Continue reading Higher Education Savings and Planning: Tax and Nontax Considerations by Philip Manns and Timothy M. Todd (Nov. 6, 2019)