Bradley E.S. Fogel, Terminating or Modifying Irrevocable Trusts by Consent of the Beneficiaries—A Proposal to Respect the Primacy of the Settlor’s Intent, 50 Real Prop., Tr. & Est. L.J. 337 (2016). Michael Yu Professor Bradley E.S. Fogel persuasively argues that “courts and legislatures should abandon trust termination by consent of the beneficiaries.” (P. 378.) He proposes that they should instead apply the doctrine of equitable deviation, in which irrevocable trusts (hereinafter “trusts”) are modified or terminated only in the case of “relevant circumstances not anticipated by the settlor” and when the court determines that “such modification furthers the settlor’s intent.” (P. 378.) Professor Fogel notes that several commentators “have encouraged facilitating trust termination by the beneficiaries to assure that the trust meets the beneficiaries’ needs and to allow for more efficient use of…
Who Should Terminate or Modify Irrevocable Trusts?
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Alaska settles with DOJ over alleged false claims in SNAP
On September 18, the Department of Justice announced a settlement with the state of Alaska over its use of federal nutrition assistance funds. According to DOJ’s press release: The Alaska Department of Health and Social Services (ADHSS) has agreed to pay the United States $2,489,999 to resolve allegations that it violated the False Claims Act in its administration of the Supplemental Nutrition Assistance Program (SNAP), the Department of Justice announced today. Until 2008, SNAP was known as the Food Stamp Program. Under SNAP, the U.S. Department of Agriculture (USDA) provides eligible low-income individuals and families with financial assistance to buy nutritious food. Since 2010, SNAP has served on average more than 45 million Americans per month, and provided more than $71 billion annually. * * * Although the federal government funds SNAP benefits, it relies on the states to determine whether applicants are eligible for benefits, to administer…
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The Only Consensus That Matters
Like Andrew McCarthy, it was quite a surprise to me to read the commentary by former United States Attorneys Joyce Vance and Carter Stewart at National Review. True to form, Attorney General Jeff Sessions has returned the Justice Department to the failed mindset of its past. In implementing his own tough-on-crime mantra, he has required prosecutors, in virtually all cases, to charge the most serious offenses and ask for the lengthiest prison sentences. Americans have seen this one-size-fits-all policy in action before. It doesn’t work. And, of course, it doesn’t work. It fills prisons, destroys families and pacifies the groundlings who know little about criminal law and understand only that they don’t want crime to touch their world. Andy disputes this with the low-hanging fruit that is most easily digestible to the simpletons. Doesn’t work? This directive, in effect with little variation until the Obama years, is one of several factors that contributed…
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Posts lost in the transition have been restored
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Talk Like A Pirate Day 2017: Remembering the “Piracy Brief”
In honor of Talk Like a Pirate Day, we remember the brief Engel & Martin filed in the Fifth Circuit Court of Appeals that contained a discussion of the Federal Laws against Piracy. The issue came up in a case involving the due process rights of students. Part of the challenge to the discipline imposed by the school was that the school had changed the code of conduct after the alleged incident, and was seeking to apply new rules to old conduct. We argued that violated due process The school claimed that the conduct was prohibited under both the old and new rules. We argued by metaphor that the law of piracy had changed in 1818. A 1790 law defined piracy as “murder or robbery . . .” upon the high seas. But, in 1819, in response to a decision of the Supreme, Congress changed the definition of the statute to simply prohibit, “the crime of piracy, as defined by the law of nations.” We said, “Under the…
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JUAN CARLOS TAFUR Y LA FILOSOFÍA
“La del estribo: si se quiere leer comentarios generalmente brillantes e interesantes en las redes sociales, recomiendo ir a Facebook y seguir a Enrique Prochazka y Soledad Escalante Beltrán, dos activos académicos que nos permiten abrir esclusas mentales y activar las sinapsis. No se van a arrepentir”. El autor de la nota contenida en el siguiente enlace, uno de cuyos párrafos -el último- he trascrito, http://elcomercio.pe/opinion/columnistas/gobierno-necesita-psicoanalista-politologo-juan-carlos-tafur-noticia-459110 Juan Carlos Tafur que sólo debería dejarse fotografiar el rostro para presentarse a las personas que acostumbran leerlo –no me incluyo en la cotidianidad- recomienda leer a las personas que cita en el párrafo ya señalado, sin perjuicio de su poca feliz comparación entre esclusas y la función cerebral de las neuronas, tuve curiosidad por los…
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Short Take: A Rate Too Great
There was a quote in Bret Stephens’ dreaded op-ed about campus kangaroo courts that struck me as extremely dubious (and more than a wee bit self-aggrandizing), and likely to whip up some backlash. Kimberly Lau, an attorney at Warshaw Burstein, has represented over 100 defendants in campus sexual-assault cases. She described to me sitting with a client in a campus tribunal where she was forbidden from speaking. The accuser appeared via Skype but did not face the accused. There are a handful of lawyers who have taken up the representation of the accused in Title IX campus sex hearings. They tend to be very self-promotional, some even shamelessly so. I don’t know Lau and don’t mean to impugn her at all. I asked Lau how many of her cases were ultimately resolved through exoneration or a financial settlement. She estimated about 90 percent. But that, she adds, is the good fortune only of those who can afford high-powered representation. Wait, what? Ninety percent?…
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CA7: When inmate dies in custody before PC determination, 4A governs the inquiry
When an inmate has been booked into a jail and no judicial probable cause determination has been made, the Fourth Amendment governs the denial of medical care issue. Estate of Perry v. Wenzel, 2017 U.S. App. LEXIS 18010 (7th Cir. … Continue reading →
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CA8: Shooting ptf’s dog was objectively reasonable; it was running on a busy freeway and refused to be captured and caused safety hazard
Plaintiff’s dog escaped and ran down I-29 and cars were swerving dodging the dog. The defendant officer attempted to capture the dog but the dog eluded capture. With the patrol car in the road keeping cars back, traffic quickly backed … Continue reading →
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CA9: Suspicionless mandatory supervision search, without more, is reasonable (on rehearing)
United States v. Cervantes, 859 F.3d 1175 (9th Cir. June 19, 2017) (posted here) had a new opinion issued on rehearing, United States v. Cervantes, 2017 U.S. App. LEXIS 18017 (9th Cir. Sept. 11, 2017), coming to the same result … Continue reading →
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Pushing back on criticisms of AG Sessions returning Justice Department to "failed mindset of its past"
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OH10: Stopping the first person officers see after hearing gunshots was without RS
Officers heard gunshots and stopped the first person they saw. That essentially was a stop on a hunch and without reasonable suspicion. State v. Hairston, 2017-Ohio-7612, 2017 Ohio App. LEXIS 3934 (10th Dist. Sept. 14, 2017). “Here, the team of … Continue reading →
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OH2: No record of suppression hearing brought up means no appellate review
The trial court’s denial of the motion to suppress couldn’t be considered on appeal because the record of the hearing was never filed for the appeal. State v. Tscheiner, 2017-Ohio-7641, 2017 Ohio App. LEXIS 3962 (2d Dist. Sept. 15, 2017). … Continue reading →
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Conservative Review: How the feds swipe your stuff — and how Congress could stop it
Conservative Review: How the feds swipe your stuff — and how Congress could stop it by Nate Madden: In case you hadn’t already heard about it, the government can take your stuff without a warrant, a criminal charge, or a … Continue reading →
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Misdemeanor Attorneys Come to the SOG
Last week we hosted nearly 30 mostly new attorneys for the Misdemeanor Defender program. The training takes place here every fall, and focuses on preparing attorneys for handling cases at the district court level. If you’d like to know more about our indigent defense education programs, jump to the end of this post to find out about available training materials and future trainings. What we do at the Misdemeanor Defender Program. SOG faculty did a lot of heavy lifting at this course. Thanks to Shea Denning, the participants were treated to a thorough overview of driving while impaired, from the elements of the crime, to the Chapter 20 motions procedure, to sentencing in DWI cases. Jamie Markham brought the probation and sentencing knowledge as usual, and John Rubin covered suppression and pleadings. A big thank you to all of the SOG faculty involved last week. Other course topics included driving records, pretrial release advocacy, client interviewing, negotiation,…
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Rosenthal & Wadas Attorneys Named to the 2017 Texas Super Lawyers List
We are pleased to announce that two attorneys from Rosenthal & Wadas have been named 2017 Texas Super Lawyers by their peers for outstanding work in Criminal law. This is an exclusive list, recognizing no more than five percent of…Read more ›
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10 Factors That Influence Your Blood Alcohol Concentration
A number of clients who end up challenging a DUI charge argue that they didn’t believe that they were over the legal driving limit at the time they got behind the wheel. Calculating your BAC based solely on your height, weight and alcohol consumption isn’t an exact science, and a number of other factors come into play. Below, we take a look at 10 different factors that influence your blood alcohol content so you can get a better understanding of how alcohol may affect you. What Affects Your BAC? Here are 10 factors that influence your BAC. 1. Consumption Rate – The more alcohol you drink in a shorter period of time, the higher your BAC is going to be. 2. Drink Strength – The more alcohol in the drink or the higher proof the alcohol is, the more alcohol you’ll have in your system. 3. Age – As you get older, the effects of alcohol tend to become more pronounced. 4. Weight – Heavier people tend to have more water in their body, which…
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Book and Release Process in San Diego
Vanessa Albert Book and Release Process in San Diego The prospect of going to jail can be daunting and frightening not only for those facing criminal charges, but their loved ones as well. In certain cases where you are arrested for a misdemeanor charge, the arresting officer has the discretion to book you into custody or release you on a promise to appear in court at a later date. If the officer decides to cite and release you, you may be required to undergo a “Book and Release” once the case is resolved. For example, in certain DUI cases, an officer may decide to release you to a spouse or family member in lieu of taking you to jail for booking. If you are ultimately convicted of the DUI offense, you will be required to submit to the booking process because you were never formally booked into jail following the offense. You may also be ordered to report for a “Book and Release” if you were notified of the pending charges against you via a…
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15 Facts About a DUI in Maryland: Things You Need to Know
15 Facts About a DUI Arrest in Maryland: Thinks You Need to Know! A DWI or DUI arrest can be one of the scariest things you go through in your life. The concern and worry that you face immediately after and as you approach the trial can cause great grief for anyone facing a drunk-driving charge. As a Maryland DUI and DWI defense attorney, Randolph Rice has dealt with thousands of drunk driving cases during his career. He’s put together this list to help ease the worries for individuals facing a drunk driving charge in Maryland. If you’re facing a DUI or DWI in Maryland, call his office today for help. #1 I can’t believe I got arrested for drunk driving You’re not alone. So far during the first two quarters of 2017 there have been 3,254 DUI arrest in Maryland. That’s on pace to reach the estimated 18,000 DUI and DWI cases charged for 2017. We know it may be a shock to be facing drunk driving charges, but don’t panic, there is a light at the…
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Picinali on Nance on Burdens of Proof
Federico Picinali (London School of Economics & Political Science (LSE)) has posted Has Nance Discharged His Burdens of Proof? A review of Dale A. Nance, The Burdens of Proof: Discriminatory Power, Weight of the Evidence, and Tenacity of Belief (Cambridge...
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