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Wills, Trusts, and Estates (Casebook), by Jesse Dukeminier
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Regarded as one of the best casebooks available for any course, this comprehensive text combines interesting cases, well-tailored notes, and a clear organization into an excellent teaching tool.
The new Seventh Edition retains the late Jesse Dukeminier’s unique blend of wit, erudition, insight, and playfulness and covers all the key topics in a logical, clear organization. Included are interesting cases that are not only fun to read, but fun for professors to teach as well. Cases are enhanced and connected to broader legal principles by well-written notes, questions, and problems and cartoons, illustrations, and photographs provide humorous interruptions and visual commentary at appropriate places within the text. New authors James Lindgren and Robert Sitkoff updated the book to reflect legal change while remaining careful to retain the same interesting mix of cases, engaging notes and flexible organization that makes this a highly successful casebook. Additions and improvements to the previous edition include due attention to new developments in law reform by the ALI and NCCUSL such as: Restatement Third, Trusts (2003, Uniform Trust Code (2000) including proposed 2004 amendments, Restatement (Third) of Property: Wills and Other Donative Transfers (2001, 2003)and Uniform Disclaimer of Property Interests Act (2002. Attention is given to ongoing developments in the law such as inheritance rights of posthumously conceived children, standing of donors in suits against the trustees of charitable trusts, the rise of domestic offshore self-settled spendthrift trusts, the erosion of the rule against perpetuities and the rise of the perpetual, generation-skipping trust. There is enhanced coverage of increasingly important topics such as fiduciary administration and trust investment law (including modern portfolio theory, diversification, the principal and income problem, and measuring damages; and inheritance rights of same-sex partners, inheritance rights of children, with comparison to the other common law countries (which are far more generous to children). Also included is a more logical presentation of nonprobate transfers and their role in estate planning, fully updated tax chapter with attention to new developments such as the Economic Growth and Tax Relief Reconciliation Act of 2001. Notes, questions, and problems have been revised throughout where appropriate in light of the foregoing and other developments.
- Sales Rank: #102419 in Books
- Brand: Brand: Aspen Publishers, Inc.
- Published on: 2005-04-29
- Original language: English
- Number of items: 1
- Dimensions: 1.56" h x 7.25" w x 10.25" l,
- Binding: Hardcover
- 1024 pages
- Used Book in Good Condition
About the Author
Jesse Dukeminier of Los Angeles died April 20, 2003. He was professor emeritus at UCLA School of Law, where he taught property law for 40 years, and wrote "Property" and "Wills, Trusts, and Estates." He was the first UCLA Law faculty member to receive a University Distinguished Teaching Award, was twice elected professor of the year and recently received a Lifetime Achievement Award in Teaching. He also practiced law with a Wall Street firm, taught at the University of Chicago and was a visiting professor at HLS from 1989 to 1990. During WWII, he served in the U.S. Army.
Stanley M. Johanson, who joined the Texas faculty in 1963, was in the inaugural group of professors who were elected, in 1995, to the University of Texas Academy of Distinguished Teachers, whose purpose is to give public recognition to outstanding classroom teachers at the University of Texas at Austin. Professor Johanson teaches courses on Wills & Estates and Estate Planning. He is the co-author of Wills, Trusts and Estates (Aspen, 6th ed., 2000), which is used in over 120 American law schools, and is the author of Johanson's Texas Probate Code Annotated (West, 2003) and "Wills," in the Gilbert Law Series (Bar/Bri Group, 2003). In 1997, Professor Johanson received the Treat Award for Excellence, the highest honor bestowed by the National College of Probate Judges. Professor Johanson is a member of the American Law Institute, an Academic Fellow of the American College of Trusts & Estates Council, and an Academic Fellow of the American College of Tax Council. The former editor-in-chief of the Washington Law Review and a Teaching Fellow at the Harvard Law School in 1961-63, Professor Johanson is Of Counsel to Vinson & Elkins, a Houston law firm.
New co-author James Lindgren has been a Professor of Law at Northwestern University since 1996, where he teaches Estates and Trusts, Criminal Law, Professional Responsibility, and Social Science Research. Lindgren has also taught at the Universities of Chicago, Virginia, Texas, and Connecticut and Chicago-Kent College of Law. He has published in many leading law journals, including the Harvard, Stanford, Chicago, Columbia, Pennsylvania, Georgetown, UCLA, and California Law Reviews. In recent years Lindgren has published historical pieces on probate in the Yale Law Journal and William and Mary Law Review. Lindgren, who began his legal career practicing Estate Planning, has also published on formalities and the taxation of private foundations. He is a former chair of the AALS Sections on Scholarship and on Social Science and the Law.
New co-author Robert H. Sitkoff is an Associate Professor of Law at Northwestern University, where he teaches Estates and Trusts, Business Associations, Contracts, and Law and Economics. Sitkoff has received a Dean's Teaching Award at Northwestern and was elected Outstanding Teacher of a First-Year Course by the student body. He has also taught Trusts and Estates at the University of Michigan, and in the next few years he will be a visiting professor teaching Trusts and Estates at Yale, Harvard, and NYU. Sitkoff's scholarship, which has been published in leading law journals such as the Yale Law Journal and the University of Chicago and Cornell Law Reviews, focuses primarily on the law of trusts and estates and on business organizations. In addition to his teaching and writing, Sitkoff is the Reporter for the Uniform Statutory Trust Act. Before joining the Northwestern faculty in 2000, Sitkoff was a law clerk to Chief Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit.
Most helpful customer reviews
6 of 6 people found the following review helpful.
Thoughtfully written and thought provoking
By Lori Bennett
Unlike other dry law school casebooks, Dukeminier captures the humanity in this study of Trusts & Estates. The editor footnotes and some of the case studies read anecdotally--giving the concepts a historical and personal dimension. The notes after the cases study the social implications of the courts' decisions. Especially interesting are Dukeminier's disucssions of the implications on the legal order caused by same-sex marriage and transgender issues. This book is thoughtfully crafted, a must read for law students or lawyers interested in this area of the law!
4 of 4 people found the following review helpful.
Easy reading
By Bridgett Barton
This is a very well wrtten text for a very complicated subject. The chapters and sections are ordered logically. First it gives you a definition, then a basic description of a rule, system or method, then it explains exceptions to the rules, THEN you read a case. I wish all of my books were written this way! It was so easy to quickly access the information and know exactly what you are suppose to be getting out of the readings. I would even recommend it as a supplement to another, less accessable textbook.
3 of 3 people found the following review helpful.
Do Not Settle for a Substitute--Worth the Money
By Fred McGhee
This book is of course informative. It is comprehensive. But what sets it apart is the fact that it is very educative and well written. The authors ask you to think deeply about the philosophy behind the "right" to pass down property to one's heirs, and then proceed to complicate conventional wisdom by pointing out that this is by no means a "right" in many places on planet earth. They also complicate the picture further by furnishing examples from French and Spanish common law as well as outstanding examples from Indian and slave law. How should the federal government properly discharge its trust obligations to Indian tribes? How can property own property? Very vexing questions indeed.
Do yourself a favor and pick this one up. I'm not a lawyer, just a DIY autodidact, and I appreciate this book's intellectual substance immensely, not just its command of the facts. This seventh edition is current and anticipates the 2010 and 2011 anticipated "changes" to the tax code, along with some excellent insight.
Don't just get it because this casebook provides good "training" on the subject of Wills, Trusts, and Estates. Get it because the enthusiasm the authors bring to the subject shines through on almost every page and because this is a very important subject that every citizen in a "democracy" like ours needs to know.
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