Author: John Chipman GrayPublisher:
ISBN:
Category : Perpetuities
Languages : en
Pages : 548
Book Description
The Rule Against Perpetuities
Author: John Chipman GrayPublisher:
ISBN:
Category : Perpetuities
Languages : en
Pages : 548
Book Description
Perpetuities Law in Action
Author: Jesse DukeminierJr.Publisher: University Press of Kentucky
ISBN: 0813194512
Category : Law
Languages : en
Pages : 235
Book Description
Few rules of law can so quickly strike terror into the hearts of lawyers as the Rule against Perpetuities. This rule, two centuries in development, is designed to prevent tying up property for too long a time. It can be stated in one sentence, but the great nineteenth-century master of the Rule, John Chipman Gray, required more than 400 scrupulously detailed pages to explain it. For deceptive subtleties and unexpected traps it has no equal. This book views the Rule in the microcosm of Kentucky cases. It shows that perpetuities law in action differs from perpetuities law in the books. It is more chaotic than any writer has ever suggested. While the words of doctrine remain the same, the meaning shifts from case to case. Seemingly the law is working slowly and tortuously to a new and sounder policy base. The book also is designed to provide the practicing lawyer with a simplified statement of the Rule and comprehensive analysis of Kentucky cases. Lastly, the book deals with an analysis of reform, particularly the 1960 Kentucky legislature reform act, based upon a draft by the author.
John Chipman Gray
Author: Gerald Paul MoranPublisher:
ISBN: 9781594603983
Category : Law teachers
Languages : en
Pages : 0
Book Description
John Chipman Gray plays an unusual role in the study of the law of property. The impact of his scholarly effort continues today from and through the prism of his defining scholarship on the historical origin of the so-called enigmatic Rule against Perpetuities (RAP). His book on the RAP, first published in 1886, became the most authoritative guide on this decidedly complex inheritance of the English common law. His formulaic condensation of the RAP became a foreboding juggernaut for law students to comprehend for more than a century. His scholarship and enduring hegemony on the interpretation and aggressive enforcement of this sacrosanct RAP of property law eventually led to the demands for elimination of some of the excesses of his ensconced articulation of the RAP during the latter part of the Twentieth Century. Most of that action was foreordained by the highly critical and equally humorous scholarship of Professor W. Barton Leach. It was only a matter of time before the academy agreed to provide some revision to lessen the harshness of Gray''s RAP by action of the American Institute of Law and then later by the National Conference of Commissioners. All of these factors led the author into the study of the life and career of John Chipman Gray. He was without doubt one of the Giants of the Harvard Law School during the period when the metaphysical structure of the traditional modern American law school were designed and implemented. The personal experiences and the cultural influences on Professor Gray greatly shaped his perception of the role and function of law in society. Professor Gray was not just a law professor and scholar extraordinaire, but also a founding member of one of the most prestigious law firms of the country--Ropes & Gray--as well as a quintessential Brahmin. He was also directly involved in the Civil War and a half brother of Justice Horace Gray, Jr. These factors reveal an uncommon man passionately engaged in matters of the public forum, who oddly did not seek notoriety, and was at his core a very private person. Lastly, the book provides a special chapter designed to reduce some of the mysticism generally associated with the study of the RAP for students of today. "The name ''John Chipman Gray'' has evoked terror in generations of attorneys... Gray''s famous Rule now lays gravely ill, the victim of an admirable desire for efficiency and a less-than-admirable desire of wealthy clients to reach for immortality, of lawyers and trust companies to make money by abetting them, and by state legislatures happy to race to the bottom. Gerald Moran tells the story of the Rule with verve, but goes far beyond that. His book is a fascinating guide to a towering figure of a formative period in American law. It also has astute observations about the manners, mores, and intellectual climate that shaped our times. I recommend it to lawyers and general readers alike." -- Steven J. Eagle, Professor of Law, George Mason University School of Law "As Professor Moran describes (and as generations of law students came to learn), Gray is the Rule Against Perpetuities. Moran''s biographical essay elegantly traces the personal, family, cultural, social, and professional influences that worked to shape Gray''s approach to the Rule. He thoroughly describes the obvious tension (indeed, contradiction) between Gray the inchoate Realist lawyer and Gray the successful academic purveyor of arid conceptualism. His exploration usefully demonstrates the central importance of the relationship between legal rules and the character and personalities of those who devise and explain the rules. Moran lucidly shows the degree to which the ideology that shapes legal rules is in turn shaped by the personalities and experience of the rule-makers. The result is a thoughtful and thought-provoking exploration of the life, character, and times of an important scholar whose doctrinal influence still endures. Moran''s insightful and sympathetic discussion of Gray''s life and of the influence of that life on legal doctrine is an important and valuable contribution to our own understanding of how legal doctrine develops." -- Charles G. Hallinan, Professor of Law, University of Dayton School of Law "This exciting text breathes new life into the scholarly discussion of the rule against perpetuities. Professor Moran''s contextual approach sheds important light on John Chipman Gray''s explanation of the rule, and contemporizes the debate on the rule''s future efficacy." -- Blake D. Morant, Dean, Wake Forest University School of Law "Moran''s biographical essay succeeds in capturing the relationship between John Chipman Gray''s life experiences and his most notable contributions to property law -- the Rule Against Perpetuities. ... [I]ndividuals seeking either a comprehensive discussion of the RAP or an understanding of John Chipman Gray will benefit from this work." -- The Law and Politics Book Review
Dead Hands
Author: Lawrence M. FriedmanPublisher: Stanford University Press
ISBN: 0804771081
Category : Law
Languages : en
Pages : 342
Book Description
The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about. Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. Dead Hands uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.
Immortality and the Law
Author: Ray D. MadoffPublisher: Yale University Press
ISBN: 0300163274
Category : Law
Languages : en
Pages : 208
Book Description
This book takes a riveting look at how the law responds to that distinctly American dream of immortality. While American law provides virtually no protections for the interests we hold most dear—our bodies and our reputations—when it comes to property interests, the American dead have greater control than anywhere else in the world. Moreover, these rights are growing daily. From grave robbery to Elvis impersonators, Madoff shows how the law of the dead has a direct impact on how we live. Madoff examines how the rising power of the American dead enables the deceased to exert control over their wealth forever through grandiose schemes like "dynasty trusts" and perpetual private charitable foundations and to control their creative works and identities well into the unforeseeable future. Madoff explores how the law of the dead can, in essence, extend the reach of life by granting virtual immortality to individuals. All of this comes, Madoff contends, at real costs imposed on the living.
Trusts and Modern Wealth Management
Author: Richard C. NolanPublisher: Cambridge University Press
ISBN: 1107170494
Category : Business & Economics
Languages : en
Pages : 609
Book Description
New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Powell on Real Property
Author: Richard Roy PowellPublisher: LexisNexis/Matthew Bender
ISBN: 9781422427491
Category : Real property
Languages : en
Pages :
Book Description
Examples & Explanations for Property
Author: Barlow BurkePublisher: Aspen Publishing
ISBN: 1543809723
Category : Law
Languages : en
Pages : 706
Book Description
Examples & Explanations: Property, Sixth Edition, is a study aid that offers clear textual introductions to legal terms and concepts in property law, followed by examples and explanations that test and apply the reader’s understanding of the material covered. Both authors have years of experience presenting material in a clear and compelling way. With its rich pedagogy that features boldfaced legal terms and visual aids, Examples & Explanations: Property, Sixth Edition, fills a niche that is distinct from other books. Using a six-part topical organization, accomplished authors Barlow Burke and Joseph Snoe ensure that the rules and doctrines making up the first-year course on the law of property are well covered. New to the Sixth Edition: Revised and rearranged coverage and examples to focus on major points and concepts and to clarify more obscure issues Simplified examples and questions to highlight the main issue A more structured development of Chain of Title problems inherent in recording systems An added discussion of Construction Industry of Sonoma County v. City of Petaluma in the exclusionary zoning section Incorporation of the Department of Justice’s regulations and examples interpreting the Religious Land Use and Institutional Persons Act Expanded guidance on the Wireless Communication Facilities Act Reorganization of the chapter on Takings to emphasize how exceptions build on the Penn Central Transportation Co. v. New York City ad hoc factors Discussion on Muir v. Wisconsin in the Takings analysis (states’ ability to conceptually merge parcels to defeat a Takings claim) Follow-ups on the effect (or lack thereof) of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection Brief discussion of Marvin M. Brandt Revocable Trust v. United States in easement chapter (whether a railroad abandoning a strip of land held an easement or a fee simple determinable) Clarification and expansion of the discussion of landlord-tenant issues
The End of Ownership
Author: Aaron PerzanowskiPublisher: MIT Press
ISBN: 0262535246
Category : Law
Languages : en
Pages : 262
Book Description
An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.
Author: Texas