The fourth edition of this casebook continues the use of fact-driven judicial decisions to illustrate the expanding list of transfer of wealth devices via non-probate trusts and payable-on-death options, valid Last Will and Testaments, and statutory intestate succession. But the fourth edition also includes material pertinent to the increasing usage of assisted reproduction, including surrogacy and the newly revised Uniform Parentage Act treatment of establishing paternity and maternity. The casebook also addresses the impact of nonmarital cohabitation on inheritance claims upon the death of a cohabiting partner. References to state and federal taxation include current exemptions and the overlap between federal and state tax law is discussed. Included too are references to the newly enacted Uniform Directed Trust Act, the Uniform Fiduciary Income and Principal Act, the Uniform Powers of Appointment Act and the Revised Uniform Fiduciary Access to Digital Assets Act. Self-settled asset protection trust legislation, trust protectors, dynasty trusts, and socially responsible investing are all offered for discussion. These vibrant areas of the law are discussed and illustrated with materials from cases and practitioners. Recognizing the fact of the aging of America, the casebook addresses the client s planning for incapacity, including long-term housing payment options, federal and state entitlement programs, and the impact of incapacity and undue influence on arbitration and the validity of instruments. There are multiple excerpts from practitioners throughout the casebook, providing insight into how the law manifests itself in practice, and problems are offered with a corresponding judicial opinion to provide feedback.

Decedents' Estates: Cases and Materials

O'Brien, Raymond

Flannery, Michael

Tax Law

Carolina Academic Press

This new casebook consists of traditional cases, statutes, and materials related to courses associated with wills, trusts, and estates. Particular attention has been directed towards international statutes and their contrast with American statutory and common law; web sites offering forms and additional resources; and the changing nature of federal and state tax considerations. The tax considerations appear throughout the casebook, but professors are offered the opportunity of either addressing taxation in the course or separating it so that it may be addressed in other courses. The authors' aim is to provide professors and students with a course of study that is orderly and engaging. To meet this goal, each chapter is preceded by a Tool Bar which indexes the subjects to be discussed. This approach, similar to that found on a computer, offers professors an opportunity for an easy summary or introduction and gives students a visual grasp of the totality of the chapter. Because decedents estates involve families, their creation, dissolution, and interaction, the casebook has a distinctive familial approach, offering a classic 'death in the family' as a starting point and ending with planning for incapacity and the decisions and assistance programs accompanying dependency. The estates of persons in community-property jurisdictions have valuable lessons to share with persons in common-law states and there are multiple examples of these interactions in cases and statutes throughout the book.

This book seeks to provide historical grounding, analysis, and multiple examples of prudent investing of trusts. Specific topics covered in the materials include a description of the evolution of portfolio management, changes in the concept of loyalty, the utility of exculpatory clauses, the uniqueness of charitable trusts, ERISA standards, social investing, and the statutes promoting compliance with fiduciary responsibility. Prudent Investment of Trusts offers a timely response to the Wall Street Crisis of 2008, the enactment of the Emergency Economic Stabilization Act of 2008, and the federal legislation and the additional federal remedial measures that followed. This book, up to the date of publication, seeks to incorporate all of these challenges and government responses. But as the media preoccupies itself with falling stock prices and the dilemma of foreclosures, there are legal disputes being initiated or contemplated against trustees by private and charitable beneficiaries who have seen assets decrease significantly. This book describes the parameters of legal causes of action when settlors and beneficiaries currently contemplate legal action to rectify the harm that they are experiencing. It also describes and illustrates whether the trustee who manages these affected trusts prudently.

The Prudent Investing of Trusts: Cases and Materials (Carolina Academic Press Law Casebook Series)

Decedents' Estates: Cases and Materials, Second Edition offers a current and refined look at the most recent developments in the law of wills, trusts, and estates while retaining the structure and clarity of the first edition. To present a focused overview of the most recent changes occurring within the field, the book uses Tool Bars that introduce each chapter, comprehensive statutory analysis relevant to each topic, and insightful Notes expanding upon each case. The authors discuss the current posturing of states adopting the Uniform Trust Code, the most recent amendments to the Uniform Probate Code, the effect of the federal estate tax laws, and the most modern views on constantly expanding issues such as spousal elective share, non-biological heirship, same-sex inheritance rights, and the proliferation of non-probate transfers. The authors also respond to the effect of the ongoing economic collapse by integrating a comprehensive overview of the rules of prudent investing and their significance to the modern trust and estate practitioner. The second edition offers a refreshing insight on what is new, but it also respects what continues to motivate so much change family. Through an introductory hypothetical, Chapter One of the text introduces a myriad of issues that every family will confront upon the death of a family member, and that every professor will address in a course on decedents' estates. Each chapter then incorporates and dissects these issues, from the formulae underlying the rules of intestacy in Chapter Two and the statutory requirements of wills in Chapter Three, to government restraints on the transfer of wealth in Chapter Five, the utilization of trusts in Chapter Seven, and the planning for incapacity in Chapter Eight. From start to finish, the text offers a modern perspective on an ever-changing area of law that every professor and student of the subject must recognize and consider. With a variety of cases, statutes, forms, and web-based resources, this text offers a clear and comprehensive resource for professors to engage these considerations, and for students to enter the field of wills, trusts and estates with clarity and confidence.

Decedents' Estates: Cases and Materials (Carolina Academic Press)

The sixth edition of the casebook retains most of the discussion cases in the previous edition and complements them with statutes indicating changes in American law. Among the changes incorporated are civil unions, now available in four states, and the extensive domestic partnership statute incorporated into California law. Additional incorporations include the safe haven laws, plus the recent partial birth abortion decision of Gonzales v. Carhart. The casebook seeks to balance federal and state interests and to offer a smattering of international statutes for comparison. The book is designed to be used in a two, three or four credit course. Specific topics include:Private ordering after Marvin v. MarvinParental rights after Troxel v. GranvilleSame Sex Marriage after Goodridge v. Department of Public HealthAssisted Reproduction after the Uniform Parentage ActChildren’s custody, support, relocation, protection from injury, and adopti

Wadlington and O'Brien's Cases and Materials on Domestic Relations, 6th (University Casebook Series) (English and English Edition)

Wadlington, Walter

Family Law

Foundation Press

This book introduces a new concept explaining psychological difficulties and recovery. It is for use in self-help, by providers, and teachers of mental healthcare offering important applications for a full spectrum of therapeutic understanding. There is a reciprocal information circuit between the brain, emotions, body, and immune system functions. Hypothesized is a mental immune system (MIS) guardian of the mind and emotions like the body’s immune system is the guardian against physical illness. Thus, mental illness is in the realm of the MIS, MIS disorders (MISD), including the concept of MISD autoimmune disorders and MIS treatment (MIST). Disorders are discussed as a continuum from MIS function to dysfunction. For example, initial anxiety is an MIS primal, involuntary, and alerting response that may become an excessively inflamed over-response as an MISD anxiety disorder. Treatment and recovery involve multi-level brain function integration. Mental Immune System Treatment (MIST) integrates cognitive, emotional, behavioral, sensory, and all varieties of human processing to maximize learning and mental rehabilitation.

Uncharted Territory: The Mental Immune System

Health, Fitness & Dieting

Mental Health

Publishamerica Inc

The seventh edition of Wadlington, O'Brien and Wilson's Cases and Materials on Domestic Relations progresses from the format of earlier editions by continuing to provide cases from state, federal and international courts that integrate the scope and dynamism of family law. There are references to uniform, state, federal and international code provisions throughout the book and there is a companion book offered addressing additional statutes and related commentary. This casebook is meant to be used in the classroom by teachers offering a class of two, three or four credits. The book has been reduced in size but the familiar topics of past editions have been retained and the cases and materials updated to include all of the changes that have occurred. Among the topics addressed are: 
<li>Same-Sex Marriage, Adoption, and Parentage </li>
<li>Nonmarital Agreements, Pre- and Postnuptial Agreements </li>
<li>Assisted Reproductive Technology, Posthumous Conception, and Individual Liberty </li>
<li>Marital Support, Property Rights, and Community/Common Law Jurisdictions </li>
<li>Parental Custody of Children, Visitation, Relocation, Enforcement, and Modification </li>
<li>Termination of Parental Rights, Reunification Services, and Adoption of Children and Adults</li>

Cases and Materials on Domestic Relations (University Casebook Series)

Wilson, Robin

This unique book is the first of its kind to address the specific issue of the sexual exploitation of children in a casebook format in a way that provides a measure of consensus and a basis for judicial and legislative responses. The book is suitable for traditional classroom teaching or a seminar setting. With a variety of current and teachable cases, statutes, and commentaries, the authors provide a clear and comprehensive overview of the issues pertaining to the sexual exploitation of children, including the common characteristics of exploiters and their victims; the legal parameters of the interactions between perpetrators and children; and the full nature of commercial exploitation, including child pornography, prostitution, and sex trafficking, and the significance of Internet technology to these issues. The authors provide a strategic perspective of the civil and criminal aspects of the sexual exploitation of children, including mandatory reporting laws; the admissibility of evidence, including expert and child testimony; the application of relevant statutes of limitations; sentencing variables and conditions; and civil commitment and victim restitution reforms. In discussing the Federal and state responses to child sexual exploitation, the authors also address the legal basis for institutional liability, including relevant common law and statutory defenses, insurance coverage, and damages. The authors discuss timely examples of institutional liability, including religious, social, and educational icons, to offer a clear and comprehensive perspective on the need for judicial, legislative, and social reform. This casebook is an ideal resource for a comprehensive but detailed exploration of the practical legal issues involving the sexual exploitation of children. The casebook includes a clear and concise Teacher's Manual, with summaries of all cases and commentaries and notable points of discussion for each case.

The Sexual Exploitation of Children

The third edition continues the use of fact-driven judicial decisions to illustrate transfer of wealth via non-probate transfers, Last Will and Testaments, and intestate succession. This casebook includes status developments, such as same-sex marriage and assisted reproductive technology. Unique to this edition is the discussion of self-settled asset protection trusts, trust protectors, and socially responsible investing. Recognizing the fact of the aging generations, the casebook is unique in its coverage of long-term housing payment options, federal and state entitlement programs designed for seniors, and options necessary for planning for incapacity.

See the best price to sell, buy, or rent books by O'Brien, Raymond. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by O'Brien, Raymond

See the best price to sell, buy, or rent books by O'Brien, Raymond. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Decedents' Estates: Cases and Materials

Decedents' Estates: Cases and Materials

Decedents' Estates: Cases and Materials

The Prudent Investing of Trusts: Cases and Materials (Carolina Academic Press Law Casebook Series)

Decedents' Estates: Cases and Materials (Carolina Academic Press)

Wadlington and O'Brien's Cases and Materials on Domestic Relations, 6th (University Casebook Series) (English and English Edition)

Uncharted Territory: The Mental Immune System

Cases and Materials on Domestic Relations (University Casebook Series)

The Sexual Exploitation of Children

Decedents' Estates: Cases and Materials