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The law's good faith principle has traditionally regulated legal relationships, such as the contractual relationship. Equity's more intense fiduciary principle has generally regulated equitable...
Charitable remainder trusts are back! This according to attorney and PGDC contributing author David Wheeler Newman of Mitchell, Silverberg & Knupp, LLP. Read on to see why CRTs are enjoying...
Professor Brian Tamanaha's new book, Failing Law Schools, does a good job of explaining why borrowing to obtain a lower tier law school education has become a bad deal for all too many, but...
Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will...
The Interest on Lawyers Trust Account Scheme (IOLTA): Could the medical profession get away with fleecing patients this way?It is coming on a decade since the U.S. Supreme Court ruled that the IOLTA scheme constitutes a collective taking by the state of the property of clients. Still the scheme continues. Nothing has...
Next year, 2013, marks the 20th anniversary of the judicial/political resolution of the final controversy over the administration and disposition of a certain Massachusetts-sited trust established...
Could the Myriad Codifications of Aspects of the Law of Trusts Culminating with the Uniform Trust Code (2000) Be Doing More Harm than Good?Though the trust is a judge-made creature of equity, the last eighty years have seen numerous rounds of uniform legislation codifying various aspects of the law of trusts, beginning with the Uniform...
Since the 1960s, the trust has been under attack on two fronts in the American law school. First, the traditional Trusts course has been down-graded to elective status, a misguided curricular “...
Charles E. Rounds Jr, Fiduciary Consultant | Article | 2 commentsLaw Schools No Longer Adequately Equip Their Students To Think Like Lawyers: The Unintended Consequences of Decontextualizing ContractsThe process of paralegalizing the American legal academy is now complete. It was inevitable. A course in Contracts does not a complete lawyer make. The curricular marginalization of two of the other...
In an article published on line in 2010, Charles E. Rounds, Jr. suggested that the expansion of legal writing programs in the law schools at the expense of instruction in core legal doctrine is why...
It is the conventional wisdom among today’s academics that law students are better off participating in clinical programs administered in-house by the law schools than taking traditional...
Charles E. Rounds, Jr., delves deeply into law school education to explain how "great swaths of core legal doctrine have been scythed from the required law curriculum, a process of misguided...