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Scholarly Commons at Hofstra Law

    Content Posted in 2022

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    2016 Joseph Trachtman Memorial Lecture March 19, 2016: Do We Need a Canary or Did the Canary Stop Singing and We Missed It?, Dennis I. Belcher

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    A Bitter Pill to Swallow: The Need for a Clearly-Defined Course of Professional Practice When Prescribing Opioids for the Legitimate Medical Purpose of Treating Pain, Brendan LoPuzzo

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    Abolition of Immigrant Family Detention: Tracing an Evolving Standard of Decency from Separation through Imprisonment, Daniel Hatoum

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    A Brief Review of Professor F. Philip Manns, Jr., Powers of Attorney under the Uniform Power of Attorney Act Including Reference to Virginia Law, Howard M. Zaritsky

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    A Celebration of Dennis Belcher, Bruce Stone

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    Achieve the Promise -- and Limit the Risk -- of Multi-Participant Trusts, John P.C. Duncan and Anita M. Sarafa

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    A Comment on Modernizing New York Trust Law, C. Raymond Radigan and Jennifer F. Hillman

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    A Decade Later: Re-Examining the Presumption of Back-to-Back Cover in English Insurance Law, M. Bob Kao

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    Admissions against Pinterest: The First Amendment Implications of Reviewing College Applicants' Social Media Speech, Frank D. LoMonte and Courtney Shannon

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    A House Divided: The Unique Ethical Dynamic of Civilian and Military Co-Counsel Relations in Court-Martial Defense, Robert E. Murdough

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    AI Revolution in Emerging Economies: Analysis from China and India, Jie Yang, Jieqiong Ma, and Seven Hills Panyala

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    Alkaline Hydrolysis, Victoria J. Haneman

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    Alternative Dispute Resolution and the Uniform Trust Code -- Colorado's Approach, Darla L. Daniel

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    Am I My Brother's Keeper: Willful Misconduct and the Directed Trustee under the Uniform Directed Trust Act, Jane Ditelberg

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    An Alternate Approach to Situs Determination for Partnership Interests, Jack Spencer

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    Anatomy of an Anomaly: How the QDOT Credit Provisions Defy Logic and the Principles of the Marital and Charitable Deductions, Edward A. McCoyd and Jon Perrelle

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    A Nominal Credit: Why Donor Recognition Should Not Limit the Deductibility of Section 170 Charitable Contributions, Benjamin J. Imdieke

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    Anti-Enlightenment in International Business and Trade Laws: A U.S. - E.U. Comparison, Tamas Dezso Ziegler

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    Any Man Can Be a Father, but Should a Dead Man Be a Dad: An Approach to the Formal Legalization of Posthumous Sperm Retrieval and Posthumous Reproduction in the United States, Jean Denise Krebs

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    Anything They Say: Will Be Used Against Them, Amanda Bruchhauser

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    A Powerful Tool: Modification or Termination of a Noncharitable Irrevocable Trust by Consent under Section 411(a) of the Uniform Trust Code, Maureen L. O'Leary

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    Appropriate Housing for Older Clients, Lawrence A. Frolik

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    A Real-Property Model of Privacy, G. Alex Sinha

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    A Remarkable Man; An Extraordinary Year, Karen M. Moore

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    Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth R. Carter

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    A Republic, If You Can Keep It, Eric M. Freedman

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    A Response to Democracy and Trusts, Jake Calvert

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    Are Trade Wars Easy to Win or Even Worth Having: A Debate on the Trump Administration's Trade Policy, Raj Bhala and Michael Stumo

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    A Safe Harbor in the Medicaid Adventure: Lady Bird and Transfer on Death Deeds, Gerry W. Beyer

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    A Sale to a BIDIT Should Work as Well as a Sale to an IDIT, Michael D. Mulligan

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    A Short, Practical Private Placement Life Insurance Primer: Or Why Estate Planners Need to Understand Things Like Facultative Reinsurance, Richard Kagan and Jon Gallo

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    At the Elbow and under Pressure: Legal, Military, and Intelligence Professionals, Dakota S. Rudesill

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    A View of the ABA Death Penalty Defense Representation Guidelines from the Prosecution's Table, Matthew Redle

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    Balancing National Security Interests against the Value of Chinese Capital, Brendan Catalano

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    Baseball's Minor Leaguers Call Foul: How the Save America's Pastime Act Strikes out within State Lines, Daniel Ryan Axelrod

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    Between Formalism and Discretion: Measuring Trends in Supreme Court Rhetoric, Michal Alberstein, Limor Gabay-Egozi, and Bryna Bogoch

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    Between the Facts and Norms of Police Violence: Using Discourse Models to Improve Deliberations around Law Enforcement, Franciska Coleman

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    Beyond Donor Intent: Leveraging Cy Pres to Remedy Unintended Burdens Caused By Charitable Gifts, Katie Magallanes

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    Beyond UTC Section 808 and the Uniform Directed Trust Act, Wayne E. Reames

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    Bitter Beer Face: Are Beer Conglomerates Violating New York Consumer Protection Laws?, Christopher R. Deubert

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    Black Deaths Should Matter, Too! Estate Planning as a Tool for Antiracists, Terrence M. Franklin

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    Blind Money: How Money Laundering Could Help Stem Campaign Finance Corruption, Matthew Murray

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    Blockchain Jenga: The Challenges of Blockchain Discovery and Admissibility under the Federal Rules, Emily Knight

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    Blockchain's Impact on Real Estate and the Future, Griffin P. Heil

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    Book Review: Robespierre Meets The Foreign Tax Credit: Reflections on Piketty's "Capital in the Twenty-First Century" and the Contemporary Tax Policy Debate, Michael A. Livingston

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    Brief Comment on Trustee Prudence and Passive Investing, C. Raymond Radigan and Jennifer F. Hillman

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    Cadavers in Commerce: Regulating under a Federal Body of Laws, Alexandra C. Piscitello

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    California Income Taxation of Trusts and Estates, Richard S. Kinyon, Kim Marois, and Sonja K. Johnson

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    Can Millennials Deliver on Equal Pay? Why the Time Is Finally Right for Pay Transparency, Susan R. Fiorentino and Sandra M. Tomkowicz

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    Can State Law Remedies Revive Statutes Stricken by ERISA's Preemption Provision?, Justin A. Kesselman

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    Case Study 1: Movement Groups with Flat, Innovative Governance Structures, Meena Jagannath and Sameer Ashar

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    Case Study 2: Advising Governance Structures, Bruce A. Green and Marci Seville

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    Case Study 3: Movement Lawyers and Community Organizers in Litigation: Issues of Finances and Collaboration, Paul R. Tremblay and Baher Azmy

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    Case Study 4: Lawyer for a Coalition of Organizations with an Informal Leader, Scott L. Cummings and Michael Haber

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    Case Study 5: Coalitions and Campaigns a Workers' Rights Policy Campaign, Susan D. Carle and Sarah Leberstein

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    Case Study 6: Working with Traditional Lawyers, Katherine R. Kruse and Mary Yanik

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    Caught in a Bad Romance: Human Trafficking's Intimate Relationship with Legitimate Businesses, Jessica Szymeczek

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    Change is Constant in Estate Planning: Reflections of an ACTEC Law Journal Editor, Bridget J. Crawford

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    Changing Demographics, Elder Law, and Trusts and Estates, Naomi Cahn

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    Charitable Gifts by S Corporations and Their Shareholders: Two Worlds of Law Collide, Christopher R. Hoyt

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    Charitable Gifts Made By S Corporations: Opportunities and Challenges, Christopher R. Hoyt

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    Choosing Death, Shaping Death: Assumptions About Disabilities, Race, and Death, Janet L. Dolgin

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    Closing the Law School Gap: A Collaborative Effort to Address Educational Inequities Through Free, Asynchronous Tools, Steven Foster, Melissa Hale, Nicole Lefton, John Mayer, Laura Mott, and Allie Robbins

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    Coming Ashore - Planning for Year 2017 Offshore Deferred Compensation Arrangements: Using CLATs, PPLI and Preferred Partnerships and Consideration of the Charitable Partial Interest Rules, N. Todd Angkatavanich, Jonathan G. Blattmachr, and James R. Brockway

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    Commentary, Ronald H. Jensen

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    Commentary on Dependent Disclaimers by Katheleen R. Guzman, Bich-Nga H. Nguyen

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    Commentary on Discretionary Trusts: An Update by Richard C. Ausness, Alexander A. Bove Jr.

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    Comments on Argentina's New Leniency Program, Felix E. Mezzanotte

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    Commissioner v. Estate of Bosch: 50 Years of Relevance, Jonathan G. Blattmachr and Madeline J. Rivlin

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    Commissioner v. Estate of Hubert: How the I.R.S. Stole Hubert's Blessing, Kristen E. Caverly

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    Commissioner v. Estate of Noel: The Double Life of Life Insurance, John McGown Jr. and Jason Melville

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    Congress Should Amend 18 U.S.C. Sec. 3143, Mark I. Cohen

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    Contract Interpretation Enforcement Costs: An Empirical Study of Textualism versus Contextualism Conducted via the West Key Number System, Joshua M. Silverstein

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    Copyright Collective Management as Compulsory Licensing in Taiwan, Ping-Hsun Chen

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    Court-Martial Sentences: Time for More Transparency, Christopher E. Martin and Timothy P. Hayes Jr.

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    COVID-19 and Its Impact on America's Retirement System, David English

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    Creed or Code: The Calling of the Counselor in Advising Families, Ronald D. Aucutt

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    Cross-Border Attestation and Interjurisdictional Wills, Richard F. Storrow

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    Dead Hand Investing: The Enforceability of Trust Investment Directives, Jeffrey A. Cooper

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    Dead Men (and Women) Should Tell Tales: Narrative, Intent, and the Construction of Wills, Karen J. Sneddon

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    Decanting SNTs: Preserving SSI Eligibility by Avoiding Early Termination Policy, Amy J. Fanzlaw

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    Decision and Persuasion: Re-Conceiving the Role of the Planner Where Undue Influence is Suspected, James C. Milton and Katheleen R. Guzman

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    Deducting Family Office Investment Expenses After Lender, Robert Daily

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    Defending Dependent Disclaimers, Katheleen R. Guzman

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    Democracy and Trusts, Carla Spivack

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    Denial of Jury Trials for Employees with Disabilities: The High Bar of Proving Discrimination Intent, Stacy Hickox and Maya Stevelinck

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    Dennis Belcher, Skip Fox

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    Dennis Belcher, Anne Marie Whittemore

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    Dennis Belcher: A Good, Gifted, and Decent Man, Daniel H. Markstein III

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    Dennis Belcher's Little Red Book: The Wit and Wisdom of Dennis Belcher, Steve R. Akers

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    Dennis Irl Belcher: An Appreciation, James H. Walsh

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    Dependent Disclaimers, Katheleen R. Guzman

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    Dependent Disclaimers - Who Wields the Power?, Christina Ciaramella D'Elia Esq.

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    Deputizing the Frontline: Enforcing Workplace Rights in a Post-Pandemic Economy, Elizabeth J. Kennedy

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    Dickman v. Commissioner: Loans as Property Transfers, Carlyn S. McCaffrey and John C. McCaffrey

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    Discretionary Trusts: An Update, Richard C. Ausness

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    Don't Always Believe What You See: Shallowfake and Deepfake Media Has Altered the Perception of Reality, Samuel D. Hodge Jr.

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    Don't Hate the Player, Hate the Game: Video Game Loot Boxes, Gambling, and a Call for Administrative Regulation, Jason Egielski

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    Drafting Under the UPOAA: Safeguarding Against Elder Financial Exploitation Without Compromising Autonomy, Jessica A. Liebau

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    Elder Law: Introduction, Alyssa A. DiRusso

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    Elegy, William P. LaPiana

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    Eliminate State Tax on Trust Income: A Comprehensive Update on Planning With Incomplete Gift Non-Grantor Trusts, Kevin R. Ghassomian

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    Ending Innocence Denying, Lara Bazelon

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    Enforcement of the Foreign Corrupt Practices Act against Foreign Issuers: Helping or Hindering the Global Anti-Bribery and Anti-Corruption Movement?, Deirdre Weiss

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    Estate Planning and Trust Management for a Brave New World: It's All in the Family…What's a Family?, R. Hugh Magill

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    Estate Planning for Cannabis Business Owners: An Introduction, Bridget J. Crawford and Jonathan G. Blattmachr

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    Estate Planning for Retirement Benefits after the SECURE Act, Richard L. Kaplan

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    Estate Planning Issues With Intra-Family Loans and Notes, Stephen R. Akers and Philip J. Hayes

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    Estate Tax Deductions for Interest Paid on Loans Taken In Order to Pay Estate Taxes, Daniel Baltuch

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    Ethics and Government Lawyering in Current Times, Richard W. Painter

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    Et tu (a)(2)? Blattmachr & Gans Dismantle Tax Court's Powell Analysis, N. Todd Angkatavanich, James I. Dougherty, and Eric Fischer

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    Et Tu Counselor? Fiduciary's Attorneys' Ethical Duty to the Vulnerable, Richard J. Goralewicz

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    Expert Witness Reports in Federal Civil Litigation: The Role of the Attorney in the Expert Witness Report's Preparation, Arthur F. Greenbaum

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    Explaining the "Inexplicable": A Response to Powers of Attorney under the Uniform Power of Attorney Act Including Reference to Virginia Law by Philip Manns, Jr., Andrew H. Hook and Jessica A. Hayes

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    Factors Affecting Foreign Direct Investment from China to U.S., Yaqin Hei and Alexander Pelaez

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    Family Limited Partnerships and Section 2036: Not Such a Good Fit, Mitchell M. Gans and Jonathan G. Blattmachr

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    Family Values: An Evaluation of Internal Revenue Code Sections 2703 and 2704(b), David Berke

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    Fears of Tyranny: The Fine Line between Presidential Authority over Military Discipline and Unlawful Command Influence through the Lens of Military Legal History in the Era of Bergdahl, Joshua Kastenberg

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    Fidelity-Philadelphia Trust Co. v. Smith: Form Over Substance?, Deborah V. Dunn and Domingo P. Such III

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    Financial and Industrial Investors: It Is Time for an Informal Voice, Monica Cossu

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    Food for Thought: Increasing Access to and Coverage of Eating Disorder Treatment in New York State by Amending the Definition of "Substance Use Disorder", Meagan R. Nolan

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    Foreign Law in Federal Courts: Challenges for the Twenty-First Century, William J. Nardini

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    Foreword -- Festschrift in Memory of Dennis I. Belcher, Bridget J. Crawford

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    Foreword -- The Supreme Court's Estate Planning Jurisprudence, Bridget J. Crawford

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    Foreword to the 2016 Joseph Trachtman Memorial Lecture, Michael H. Barker and William I. Sanderson

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    Foreword: Twenty Years of the Uniform Trust Code, Jeffrey A. Cooper

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    Fostering and Assessing Law Student Teamwork and Team Leadership Skills, Neil Hamilton

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    From Strength to Strength: A Comment on Morley and Sitkoff's Making Directed Trusts Work, James P. Spica

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    From the Clean Power Plan to the Affordable Clean Energy Rule: How Regulated Entities Adapt to Regulatory Change and Uncertainty, Ryan B. Stoa

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    Gifts in Contemplation of Death: Why Can't Section 2035 Simply Die?, Stephanie J. Willbanks

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    Give Grandma Her Ganja: Exploring the Need for an Exception to the Controlled Substances Act to Allow for Medical Marijuana Administration in Nursing Homes and Other Skilled Nursing Facilities, Katelyn Vaiana

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    Going the Distance: How Increased Client Contact Can Benefit Clients and Their Attorneys, Ashleigh Gough

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    Going Unconventional in Foreign-Exchange Interventions, Marcelo M. Prates

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    Hari-Kari on First Street, Eric M. Freedman

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    Health Insurance: The Problem, Not the Solution, Ryan Dwan

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    Helvering v. Clifford: The Supreme Court Spoils the Broth, Mark L. Ascher

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    Helvering v. Horst: Gifts of Income from Property, Jerome M. Hesch and David J. Herzig

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    Helvering v. Safe Deposit & Trust Co.: Underestimating the Power of a Power of Appointment, Samuel A. Donaldson

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    "Hey Siri, What Does the Government Know About Me?": Increasing the Volume on Smart Speaker Awareness, Jacob A. Manzoor

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    Hofstra Law Scholarly Commons Hits 3 Million Downloads!, Jacob Nunnally

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    Honoring Probable Intent in Intestacy: An Empirical Assessment of the Default Rules and the Modern Family, Danaya C. Wright and Beth Sterner

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    How to Draft Trusts to Own Retirement Benefits, Keith A. Herman

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    I Dig It, But Congress Shouldn't Let Me: Closing the IDGT Loophole, Daniel L. Ricks

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    If You Don't Care, Who Will?, Chad J. Pomeroy

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    "I Know It When I See It": The NLRB's Glaring Inconsistencies When Classifying Workers, Hunter Igoe

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    Incentivizing Wills Through Tax, Margaret Ryznar

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    In Defense of Friedman: A Reply to Professor Guzman, Jeffrey A. Cooper

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    Indonesia's Universal Healthcare System: How the Failure of Its Program Facilitates a Market for Clinical Trials, Dominique Manzolillo

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    In Greece: A Human Rights Warzone Demands Expansion of the International Criminal Court, Kyriaki Christodoulou

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    In Memoriam Dennis Belcher: Lessons I Learned at the Feet of the Master, Dana G. Fitzsimons Jr.

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    In Memory of Dennis Belcher, C. Ware Palmer

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    Innovative CLAT Structures: Providing Economic Efficiencies to a Wealth Transfer Workhorse, Paul S. Lee, Turney P. Berry, and Martin Hall

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    Instead of Treated They Get Fees: A Hard Knock Life for Indigent Criminal Defendants and the Need for Unbiased Determinations of Indigent Status, Matthew Trudeau

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    International Business and Investment in China, It Is Wrong to Read the Face of the Chinese-Foreign Joint Venture Law That the Board of Directors Is the Highest Authority, Fengping Gao

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    Intestacy, Wills, and Intent: A Short Comment on Wright & Sterner, David Horton

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    Into the Crucible: Considering the Springboard Doctrine in CFAA Litigation, Nam Youn Kim

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    Introduction: System Perspectives on the Guidelines, Eric M. Freedman

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    Investing in and for the Future: ESG Investing for Trust Assets Under the Prudent Investor Rule, Jane Gorham Ditelberg

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    In Vitro Fertilization, Fertility Frustrations, and the Lack of Regulation, Delores V. Chichi

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    IRA Administration for High Net Worth Clients and Their Beneficiaries -- Unique Challenges and Best Practices for Financial Institutions, Svetlana V. Bekman

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    Irwin v. Gavit: Income is (Sometimes) in the Eye of the Beholder, William P. LaPiana

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    Is Demilitarizing Military Justice an Ethical Imperative for Congress, the Courts, and the Commander-in-Chief?, Dan Maurer

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    Is It So Easy a Monkey Can Do It: Joint Works and the Unintended Collaborator, Sabrina J. Salama

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    It's Now Persuasion, Not Coercion: Why Current Law on Labor Protest Violates Twenty-First Century First Amendment Law, Michael J. Hayes

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    It's Time to Believe: Resolving the Circuit Split over the Good-Faith Exception to the Exclusionary Rule, Blake R. Hills

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    Janus as a Client: Ethical Obligations When Your Client Plays Two Roles in One Fiduciary Estate, Karen E. Boxx and Philip N. Jones

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    Judicial Disclosure and the Judicial Mystique, Michel Paradis

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    Judith S. Kaye: A Chief Judge for Families and Children, Andrew Shepard

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    Just Say No: Reasons States Have Not Adopted the UTC, Robert Barton

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    Keeping Racial Bias Out of Jury Selection, A. Gail Prudenti

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    Keeping up with a Kardashian: Shedding Legal Educations' Vestigial Trade School Anxiety and Replacing the Dated Casebook Method with Modern Case-Based Learning, Jason G. Dykstra

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    Kessler Syndrome: A United States' Statutory Solution for Satellite Debris Removal and the Mitigation of Orbital Collisions, Richard L. Hermer-Fried

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    Killing Your Chances of Inheriting: The Problem with the Application of the Slayer Statute to Cases of Assisted Suicide, Ryan Konsdorf and Scott Alden Prulhiere

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    Knowledge Is Power: The Federal Government Must Require Companies to Tell Menstruators the Ingredients in Period Products, Haley E. Clancy

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    Larger Than Life, Carol Harrington

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    Last Wall Standing: Builders Are Finding a Way around the Housing Merchant Implied Warranty for New Home Construction in New York, Nicole M. Donadio

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    Leach v. Hyatt: Recasting Indefiniteness, Thomas E. Simmons

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    Legal Education's Curricular Tipping Point toward Inclusive Socratic Teaching, Jamie R. Abrams

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    Lessons from Iconic Leaders: Thurgood Marshall and Nelson Mandela, Deborah L. Rhode

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    Lessons from the Present: Three Crises and Their Potential Impact on the Legal Profession, Raymond H. Brescia

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    Let There Be Light: Who Gets to Play God with Our Daylight?, Zachary Gould

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    Little Red Riding Hood or the Wolf: How Far Can an Agent Reach into Grandmother's Pocketbook?, Erica E. Lord

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    Logic Loses In Taxpayer's Effort to Recover Attorneys' Fees, Linda Galler

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    Maintaining Client Privacy in an Increasingly Public World, Mel M. Justak and Anne-Marie Rhodes

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    Major Reforms of the Property Restatement and the Uniform Probate Code: Reformation, Harmless Error, and Nonprobate Transfers, John H. Langbein

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    Making Directed Trusts Work: The Uniform Directed Trust Act, John D. Morley and Robert H. Sitkoff

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    Managing Family Wealth Through a Private Trust Company, Alan V. Ytterberg and James P. Weller

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    Marital Versus Nonmarital Entitlements, Raymond C. O'Brien

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    Marriage: The Surest Way to Entitlements, L. Victoria Meier

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    Married Is as Married Does(?), William P. LaPiana

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    Means to an End: Electively Forcing Vesting to Suit Tax Rules Against Perpetuities, James P. Spica

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    Medicaid Estate Recovery: Friend or Foe?, Lisa M. Neeley

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    Medicaid Planning for Long-Term Care: California Style, John A. Miller and Vanessa S. Stroud

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    Medical and Legal Implications of Impaired Financial Capacity in Aging and Dementia, Edmund W. Granski Jr. and Milap A. Nowrangi

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    Melville's Billy Budd and Plato's Republic: Sea Captains and Philosopher-Kings, Robert Atkinson

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    Memories of a Partner, Colleague, Servant-Leader, and Friend, Ronald D. Aucutt

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    Memories of Dennis Belcher, Lou Mezzullo and Judi Mezzullo

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    Merrill v. Fahs: Release of Marital Rights Is Insufficient Consideration for Transfer Tax Purposes, Kevin E. Packman

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    Modernizing Trusts and Estates: Introduction, Alyssa A. DiRusso

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    Montejo v. Louisiana and the Impact of Premature Miranda Warnings, Geoffrey S. Corn

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    Montgomery and "Substantive" Rights Enforceable Retroactively in State Post-Conviction Proceedings: A Brief Reply to Professor Vazquez, Eric M. Freedman

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    More Diversity Requires More Inclusive Leaders Leading by Example in Law Organizations, Donald J. Polden and Leah Jackson Teague

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    Movement Lawyering Reading Guide, Purvi Shah

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    My Response to Beyer and Bove, Richard C. Ausness

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    Nash Bargaining Solution and Its Generalizations in Intellectual Property Litigation: VirnetX and an Analysis of the Court's Decision, Rajeev R. Bhattacharya

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    New Plan Could be the Cure for State’s Antiquated Court System, A. Gail Prudenti

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    New York Catches up by Criminalizing ‘Revenge Porn', A. Gail Prudenti

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    NLRB Jurisdiction over Charter Schools, David B. Schwartz

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    No Longer Private: On Human Rights and the Public Facet of Social Network Sites, Noa Mor

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    Not All Those Who Wander Are Lost: The Pathway towards American Data Privacy Law, Aaron Shubet

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    Note from the Editors, Hunter Blain and Amy ElSayed

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    NSA Surveillance Since 9/11 and the Human Right to Privacy, G. Alex Sinha

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    Oklahoma Tax Commission v. United States: Death Taxes on Restricted Indian Personalty, Thomas E. Simmons

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    On the Waterfront: Dissecting the Scope of ERISA Section 510, Max Birmingham

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    Ordering Injustice: Congress, Command Corruption of Courts-Martial, and the Constitution, Rachel E. VanLandingham

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    Originalism as Fable (Reviewing Eric Segall, Originalism as Faith), Jeremy Telman

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    Originalism: Privileges v. Fundamental Values, C. M. A. Mc Cauliff

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    Our Wealth Transfer Tax System -- A View From the 100th Year, Carlyn S. McCaffrey and John C. McCaffrey

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    Outside the Box on Estate Tax Reform: Reviewing Ideas to Simplify Planning, Dennis I. Belcher

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    Over My Dead Body: Preventing and Resolving Disputes Regarding the Disposition of the Dead, Shawn Irwin Walker

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    Personal Reflections About Working with Dennis, The Best Trusts and Estates Lawyer in Virginia, Howard M. Zaritsky

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    Planned Parenthood: Adult Adoption and the Right of Adoptees to Inherit, Richard C. Ausness

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    Plastics, the Death of Sea Turtles and American Businessmen: The Value in American Businesses in Adhering to an International Standard of Sustainability, Navpreet Natt

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    Points about Cedar Point: What Labor Access Survives, and What Should Survive (or Be Restored), Michael J. Hayes

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    Powell and Section 2036: Our Reply, Mitchell M. Gans and Jonathan G. Blattmachr

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    Powers of Attorney under the Uniform Power of Attorney Act Including Reference to Virginia Law, F. Philip Manns Jr.

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    Predispute Arbitration Agreements Between Trustees and Financial Services Institutions: Are Beneficiaries Bound?, Mary F. Radford

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    Presumed Equal: Shares of Cotenants, John V. Orth

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    Prevention Not Punishment: Child Victims of Sex Trafficking Must Be Treated Not Detained, Juliana Spano

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    Probable Cause and the Provable Case: Bridging the Ethical Gap That Exists in the Military Justice System, Mitchell M. Suliman

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    Protecting Your Clients' Assets from Their Future Ex-Sons and Daughters-in-Law: The Impact of Evolving Trust Laws on Alimony Awards, Christopher J. Roman

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    Protection of Inherited IRAs, James L. Boring, Richard R. Gans, Meghan E. Gearhart, Nancy Schmidt Roush, and Susan B. Slater-Jansen

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    Prudence of Passivity vs. Prudence of Process: Can a Default Approach be Prudent?, Elisa Shevlin Rizzo and Erica E. Lord

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    Purpose Trust Cy Pres, Thomas E. Simmons

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    Reactions to Discretionary Trusts: An update by Richard C. Ausness, Gerry W. Beyer

    PDF

    Realistic Assumptions in Economic Models, Jeff Todd

    PDF

    Rebuilding the Ethical Compass of Law, Purvi Shah

    PDF

    Re-Considering Undue Influence in the Digital Era, Jodie Distler

    PDF

    Reducing Estate and Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation and Arbitration, Jonathan G. Blattmachr

    PDF

    Reflections on Dennis I. Belcher: A True Leader, Pam H. Schneider

    PDF

    Regulation over Refusal: How Bitcoin Backed ETFs Can Usher the SEC into the Modern Era, Shaun T. Weber

    PDF

    Remaining Heterogeneity in Trust Investment Law after Twenty-Five Years of Reform, Trent S. Kiziah

    PDF

    Remembering Dennis, Tom Word

    PDF

    Remembering Dennis Belcher, W. Bjarne Johnson

    PDF

    Remembering Dennis Belcher: A Trusted Advisor and Friend, Tina Portuondo

    PDF

    Representing the Fiduciary: To Whom Does the Attorney Owe Duties?, Kennedy Lee

    PDF

    Resisting the Contractarian Insurgency: The Uniform Trust Code, Fiduciary Duty, and Good Faith in Contract, Frederick R. Franke Jr.

    PDF

    Responding to the ISDS Legitimacy Crisis by Way of Mediation: Implications from CEPA's Dispute Resolution Mechanism, Shu Shang

    PDF

    Response: A Modern Assessment of Intestacy Law, James G. Pressly Jr. and J. Grier Pressly III

    PDF

    Response to Professor Horton, Mr. James Pressly and Mr. J. Grier Pressly, Danaya C. Wright and Beth Sterner

    PDF

    Rethinking the Estate Planning Curriculum, Jeffrey A. Cooper

    PDF

    Revisiting Masterpiece Cakeshop - Free Speech and the First Amendment: Can Political Correctness Be Compelled, Terri R. Day

    PDF

    Robert F. Kennedy and the Attorney General's Referral Authority: A Blueprint for the Biden Administration, Patrick Glen

    PDF

    Robinette v. Helvering: Valuation of Gifts to Split-Interest Trusts, Stephanie E. Heilborn and Cindy Zhou

    PDF

    Safeguarding a Will: Will Deposit Statutes, Alberto B. Lopez

    PDF

    Saving For Education: Creating Educational Dynasty Trusts Using 529 Plans, Susan T. Bart

    Link

    SCOTUS Decision Affirms Basic Principle of Fairness, A. Gail Prudenti

    PDF

    Search Warrants in the Digital Age, Yuval Simchi-Levi

    PDF

    Securitisation Special Purpose Vehicles in Ireland: Regulatory Nature and Central Bank of Ireland Supervision, Matteo Zambelli

    PDF

    Selected Historical Bibliography on African American Women's Activism (Focusing on 1880 to 1920), Susan D. Carle

    PDF

    Serving the Greater Good: Ethical Considerations in Representation of the Older Population, Jeffrey L. Carson and Brook H. Lester

    PDF

    Settlor-Authorized Fiduciary Indifference to Trust Purposes and the Interests of Beneficiaries, James P. Spica

    PDF

    Severe or Pervasive Should Not Mean Impossible and Unattainable: Why the "Severe or Pervasive" Standard for a Claim of Sexual Harassment and Discrimination Should Be Replaced with a Less Stringent and More Current Standard, Kristy D'Angelo-Corker

    PDF

    Sex Post Facto: Advising Clients Regarding Posthumous Conception, Benjamin C. Carpenter

    PDF

    Shooting for Equality: The U.S. Women's National Team and Their Struggle for Equal Pay, Megan Musachio

    PDF

    Silent Trusts Are Trending: Will They Hold Trustees to Account?, Kent D. Schenkel

    PDF

    Smith v. Shaughnessy: Slippery Remainder Interests and the Intersection of Gift and Estate Taxes, Ann-Marie Rhodes and Erica E. Lord

    PDF

    Social Control of Wealth in Antebellum New York, William P. LaPiana

    PDF

    Sorry, They Were on Mute: The SEC’s “Token Proposal 2.0” As Blueprint for Regulatory Response to Cryptocurrency, J. Scott Colesanti

    Link

    Standing up for Civil Discourse, Irina D. Manta

    Link

    State’s Byzantine Court System Urgently Needs Reform, A. Gail Prudenti

    PDF

    State Taxation of Trusts and Their Beneficiaries When There Are Multiple State Contacts, John McGown Jr.

    PDF

    Stepping Up to the Challenge of Leadership on Race, Anthony C. Thompson

    PDF

    Strengthening the Passivity Default, Ian Ayres and Edward Fox

    PDF

    Substituted Judgment - How Do You Prove What an Incapacitated Person Would Want?, Eric Virgil

    PDF

    Super-Dissenters, Nicholas L. Georgakopoulos

    PDF

    Symposium Introduction, Ellen Yaroshefsky

    PDF

    Symposium Introduction, Ellen Yaroshefsky

    PDF

    Taft v. Bowers: The Foundation for Non-Recognition Provisions in the Income Tax, James R. Repetti

    PDF

    Tax Opinion Policies and Procedures, Linda Galler

    PDF

    Teaching a Synchronous Online Business Organizations Course to J.D. Students: A Case Study, Ronald J. Colombo

    PDF

    The ABA Guidelines: The Arizona Experience, Larry Hammond and Robin M. Maher

    PDF

    The Big Box versus the Mom & Pop Shop: The Beauty of the (Data Privacy) Bills Are in the Eye of the Beholder, Alexander R. Migliorini

    PDF

    The Big Short: How the Big Step of the Small Business Reorganization Act Fell Short, Nicole C. Cipriano

    PDF

    The Case Against the Trust Protector, Alexander A. Bove Jr.

    PDF

    The Case for Abolishing Absolute Prosecutorial Immunity on Equal Protection Grounds, Samantha M. Caspar and Artem M. Joukov

    PDF

    The Case for Leadership Coaching in Law Schools: A New Way to Support Professional Identity Formation, Susan R. Jones

    PDF

    The Commodities Exchange Act and the Presumption against Extraterritoriality: An Examination of Transnational, Platform-Based Electronic Trading under Second Circuit Precedent, David E. Kovel and Andrew McNeela

    PDF

    The Cynical Successes of the Guantánamo Bay Military Commissions, G. Alex Sinha

    PDF

    The Dark Side of Codification, Thomas P. Gallanis

    PDF

    The Dueling Transferors Problem in Generation-Skipping Transfer Taxation, Austin Bramwell and Sean R. Weissbart

    PDF

    The Effects of the Trump Agenda in a Global Economy: a Perspective from Mexico, Abraham Alejandro Martinez Lopez

    PDF

    The Elimination of Section 2035 in Relation to Powell and Cahill, Ronald P. Wargo

    PDF

    The Failures and the Future of Private Foundation Governance, Zoey F. Orol

    PDF

    The Federal Tax Treatment of Disclaimers of Future Interests: A Call for Reform, Trent S. Kiziah

    PDF

    The Final Act: Deportation by ICE Air, Deborah M. Weissman, Angelina Godoy, and Havan M. Clark

    PDF

    The Four Horsemen and Estate Taxation, Jasper L. Cummings Jr.

    PDF

    The Fundamental Right to Technology, Haochen Sun

    PDF

    The Gatekeeper Initiative and the Risk-Based Approach to Client Due Diligence: The Imperative for Voluntary Good Practices Guidance for U.S. Lawyers, Kevin L. Shepherd

    PDF

    The Generation-Skipping Transfer Tax and Sociological Shifts in Generational Length: Proposing a Generation-Inflation Index for Taxation, Alyssa A. DiRusso

    PDF

    The Growth and Business of Elder Law, Brian Andrew Tully

    PDF

    The Human Lawyer in the Age of Artificial Intelligence: Doomed for Extinction or in Need of a Survival Manual, Dessislav Dobrev

    PDF

    The Identity Criterion: Resuscitating a Cardozian, Relational Approach to Duty of Care in Negligence, Tim Kaye

    PDF

    The Influencer Next Door is Helping Major Corporations Evade International Laws: Why Micro Influencers Pose a Unique Regulatory Problem for Consumer Protection Laws, Danielle Izzo

    PDF

    The Intermediary CLAT Alternative to the Residuary Estate Family Foundation Gift, Richard S. Franklin and Jennifer A. Birchfield Goode

    PDF

    The Intersection of Racial Inequities and Estate Planning, Reetu Pepoff

    PDF

    The Iran Nuclear Deal: The Ethics of Negotiations with a State that Routinely Violates Its Legal Obligations, David S. Jonas

    PDF

    The Life and Death of John J. Stevens, Esq., As a Member of the Legal Profession, Max Gutierrez Jr.

    PDF

    The Life and Death of the Ipswich Grammar School Trust: Is Enduring Dead Hand Control Possible?, Ronald Chester

    PDF

    The Need for a New Type of Purpose Trust, the Stewardship Trust, Susan N. Gary

    PDF

    The New York Revised Statutes' Trust Code and the Path of the Common Law, Alfred L. Brophy

    PDF

    The New York State Taylor Law: Does One Size Fit All?, Rebecca L. Marks

    PDF

    The Nonfiduciary "Trust", Jeffrey Schoenblum

    PDF

    The Online Sports World: the Loss of Billions, Is It Time to Take a Risk, Bhanuka Mahabamunuge

    PDF

    The Paradox of Legal Training and Leadership: A Conversation between Akilah Folami and Susan Sturm, Akilah Folami and Susan Sturm

    PDF

    The Paradox of Regulating Lobbying through Legislation, Shirley Naveh

    PDF

    The Perpetual Business Purpose Trust: The Business Planning Vehicle for the Future, Starting Now, Alexander A. Bove Jr. and Melissa Langa

    PDF

    The Persistent Preference for Inception Assets, Trent S. Kiziah, J. Clay Singleton, and Stewart A. Marshall III

    PDF

    The Physician Orders for Life-Sustaining Treatment (POLST) Coming Soon to a Health Care Community Near You, Robert B. Wolf, Marilyn J. Maag, and Keith Bradoc Gallant

    PDF

    The Politics of Bar Admission: Lessons from the Pandemic, Leslie C. Levin

    PDF

    The Pre-Sullivan Common Law Web of Protection against Political Defamation Suits, James Maxwell Koffler

    PDF

    The Problem of Replacement Property in the Law of Ademption, Nicole M. Paschoal

    PDF

    The Prudence of Passivity: An Argument for Default Passive Management in Trust Investing, Bryon W. Harmon Esq. and Laura A. Fisher Esq.

    PDF

    The Prudent Investor Rule Past, Present and Future: A View from Illinois, Jane G. Ditelberg

    PDF

    The Role of the Zealous Advocate: Implementing LGBTQIA+-Conscious Ethics in Juvenile Criminal Defense to Combat the School-To-Prison Pipeline, Mia Tyminski

    PDF

    The Tax and Practical Aspects of the Installment Sale to a Spousal Grantor Trust, William R. Culp Jr., Paul M. Hattenhauer, and Briani Bennett Mellen

    PDF

    The Terms of the Trust: Extrinsic Evidence of Settlor Intent, Fred Franke and Anna Katherine Moody

    PDF

    The Textalyzer: The Constitutional Cost of Law Enforcement Technology, Christian Curran

    PDF

    The Ultimate Gift Horse: Modernizing the UPC on Advancements to Avoid Unintended Redistributions, Jackie Elder and Frederick E. Vars

    PDF

    The Uniform Probate Code's New Intestacy and Class Gift Provisions, Mary Louise Fellows and Thomas P. Gallanis

    PDF

    The UPOAA & VaUPOAA: My Response, F. Philip Manns Jr.

    PDF

    The U.S. Supreme Court and the Law of Trusts and Estates: A Law Reformer's Perspective, Thomas P. Gallanis

    PDF

    The Voluntary Work Program: A Discussion on Minimum Wage for Civil Immigration Detainees, Rita Cinquemani

    PDF

    The World Trade Organization Should Lyft the Globe out of Its Uber Problem, J. B. Bailey

    PDF

    Thou Shalt Vaccinate Thy Children: New York's Attempt to Curb Abuse of Religious Exemptions, Ryan Boylan

    PDF

    Through the Guardianship Looking Glass: A Personal Perspective on Conflicting Commitments, Susan Greene

    PDF

    Throwing the Book at Irresponsible Coaches: The Need for Consistent Pitch Limit Laws in Amateur Sports, Sam C. Ehrlich and John T. Holden

    PDF

    To Explore Outer Space: The Intellectual Property Frontier for Patents, Alexandra M. Davidson

    PDF

    Too Many Chips on the Table: A Call for the Bifurcation of Money and Custody in Divorce, Alexa R. Schwartz

    PDF

    Trade Interests and Extraterritorial Value Considerations in New-Generation Free Trade Agreements: The Psychology of Redirection, Csongor Istvan Nagy

    PDF

    Transactional Clinical Support for Mutual Aid Groups: Toward A Theory of Transactional Movement Lawyering, Michael Haber

    PDF

    Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were, Ashleigh C. Rousseau

    PDF

    Tribute to Dennis Belcher, Ed Koren

    PDF

    Trump's Angry White Women: Motherhood, Nationalism, and Abortion, Yvonne Lindgren

    PDF

    Trustee Liability for Breach of Trust -- Loss or Profit, or Loss and Profit, Kenneth F. Joyce

    PDF

    Trust Flexibility and the Role of Courts in Limiting Property Forms, Carla Spivack

    PDF

    Trusts in Guardianship: Using "Family Freeze" Agreements to Resolve Disputes, Gerard G. Brew

    PDF

    Truth, Transparency, and The Right of Privacy, Duncan E. Osborne

    PDF

    Turning Orphans for a Profit: The Orphan Drug Act Is Due for an Overhaul, Kelly L. McKinney

    PDF

    "Undemocratic" Trusts and the Numerus Clausus Principle, E. Gary Spitko

    PDF

    Undue Influence: The Gap Between Current Law and Scientific Approaches to Decision-Making and Persuasion, Dominic J. Campisi, Evan D. Winet, and Jake Calvert

    PDF

    United States v. Byrum: Too Good To Be True?, Ronni G. Davidowitz and Jonathan C. Byer

    PDF

    United States v. Estate of Grace: Seeking a More Objective Test for the Application of the Reciprocal Trust Doctrine, Dennis I. Belcher and Kristen Frances Hager

    PDF

    United States v. Windsor: The Marital Deduction That Changed Marriage, Lee-ford Tritt

    PDF

    Up to Par: Guaranteeing the Right of Quality Control in the Golf Ball Refurbishment Industry, James Karins

    PDF

    Utah’s Constitution: Distinctively Undistinctive, Daniel J.H. Greenwood, Christine M. Durham, and Kathy Wyer

    PDF

    UTC's Duty to Inform and Report at 20 -- How Mandatory is Transparency?, Mel M. Justak and Anne-Marie Rhodes

    PDF

    Utilizing Telehealth to Practice Medicine across State Lines: The Enforceability of Physician Non-Compete Agreements and Non-Solicitation Clauses, Alexia Willis

    PDF

    Vice Presidential Inability: Why It Matters and What to Do When It Occurs, Roy E. Brownell II

    PDF

    Virtual Currency Estate Planning, Bit By Bit, Abigail J. Farmer and Cory Elizabeth Tyszka

    PDF

    Wage War: Arbitration and Class Action Waivers at the Expense of Wage and Hour Claims, Brittany Cangelosi

    PDF

    Wall Street's Enormous Net: How Scaling Back Statutory Disqualifications Would Better Harmonize Statutes and Practices with the Times, Kelly Breslauer

    PDF

    Weathering the Second Storm: How Bureaucracy and Fraud Curtailed Homeowners' Efforts to Rebuild after Superstorm Sandy, Veronica Pareja

    PDF

    We're All Originalists Now… or Are We?: Bostock's Misperceived Quest to Distinguish Title VII's Meaning from the Public's Expectations, Steven Semeraro

    PDF

    What If Granny Wants to Gamble? Balancing Autonomy and Vulnerability in the Golden Years, Mary F. Radford

    PDF

    What Made Dennis Special?, Jeffrey N. Pennell

    PDF

    What's in the Third and Final Volume of the New Restatement of Property That Estate Planners Should Know About, Lawrence W. Waggoner

    PDF

    When Can an IRA or Qualified Plan Invest in a Closely Held Business?, Noel C. Ice

    PDF

    When the Stepped-Up Basis of Inherited Property Is No More, Richard L. Kaplan

    PDF

    Who Is a Qualified Beneficiary?, John P. Edgar

    Link

    Who's Afraid of Josh Hawley?, Irina D. Manta

    PDF

    Who's Checking? A Proposal to Protect Employee Health Screening Data, Andrew Schuman

    PDF

    Why Fiction?, Alafair Burke

    Link

    Why More Taxpayers Should Pursue Attorney’s Fees through Qualified Offers, Maria Dooner and Linda Galler

    PDF

    With Great Technology Comes Great Responsibility: Why Smartphone Users' Biometric Data Needs to Be Protected, J. P. Raynal

    PDF

    With Marriage On the Decline and Cohabitation on the Rise, What About Marital Rights for Unmarried Partners?, Lawrence W. Waggoner

    PDF

    Writing for the Long and Short Run, Susan Greene

    PDF

    XOXO, Jane Doe: Reevaluating the Sealed Plaintiff Test in Wake of the #MeToo Movement, Leanne C. Bernhard

    PDF

    Yoder's Legacy, Mark Strasser

    PDF

    You're Fake News: Preserving Both Free Speech and Defamation Lawsuits, Christopher M. Abiuso

    PDF

    Your Personal Health Information May Have Been Compromised: Using Encryption to Prevent Data Breaches on End-User Devices, Nina Patel

 
 
 

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