Land and real estate law / Real property law Books

Book SynopsisLooking at the experiences of women in early modern Portugal in the context of crime and forgiveness, this study demonstrates the extent to which judicial and quasi-judicial records can be used to examine the implications of crime in womenâs lives, whether as victims or culprits. The foundational basis for this study is two sets of manuscript sources that highlight two distinct yet connected experiences of women as participants in the criminal process. One consists of a collection of archival documents from the first half of the seventeenth century, a corpus called 'querelas,' in which formal accusations of criminal acts were registered. This is a rich source of information not only about the types of crimes reported, but also the process that plaintiffs had to follow to deal with their cases. The second primary source consists of a sampling of documents known as the âperdà o de parte.â The term refers to the victimâs pardon, unique to the Iberian Peninsula, which allowed individuals

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Book SynopsisEVIDENCE AND PROCEDURES FOR BOUNDARY LOCATION THE UPDATED CLASSIC GUIDE TO LAND BOUNDARY LAW AND EVIDENCE DISCOVERY The revised Seventh Edition of Evidence and Procedures for Boundary Location serves as the seminal guide to the principles and concepts of land boundary law and evidence for accurately determining boundaries. Written by a team of noted authorities on the subject, the book presents the proven methods for the rediscovery of real property boundaries. Grounded in historical documentation, field investigation, and recreation of the original surveying methodology, the book contains the appropriate and legally defensible tools needed for the re-establishment of land boundaries.Thoroughly revised and updated, the classic text contains fresh examples of case law, the most recent developments in forensic investigation in the discovery of obscured evidence, as well as a new chapter on emerging technology used in boundary suTable of ContentsPreface 1 Introduction 2 Definition, Scope, and Nature of Evidence 3 Words as Evidence 4 Evidence and Technology 5 Other Types or Species of Evidence 6 Calculations and Measurements as Evidence 7 Plats as Evidence 8 Evidence of Water Boundaries 9 Using Historical Knowledge as Evidence 10 Recording and Preserving Evidence 11 Procedures for Locating Boundaries Described by Words 12 Original Surveys and Related Platting Laws 13 Unwritten Transfers of Land Ownership 14 Guarantees of Title and Location 15 Using and Understanding Words in Boundary Descriptions 16 Professional Liability 17 Professional Stature 18 The Surveyor in Court 19 The Surveyor, the Law, and Evidence: A Professional Relationship Appendix A The Surveyor’s Report Appendix B Wooden Evidence Appendix C The [Quasi-]Judicial Function of Surveyors Appendix D Geodaesia Appendix E Land Acts that Created the Public Lands Index

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Book SynopsisThe place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in Trade Review'By throwing light on the ways in which emotions play a significant role in both learning and teaching law, this international collection from some of the leading experts in legal education draws our attention to a much-neglected aspect of the educational process. It deserves to be widely read, seeking to enrich our understanding both of law students and law teachers by revealing just how crucial the affective domain is in relation to the rational thinking that we generally assume lies at the heart of legal education.' Fiona Cownie, Keele University, UK 'This pioneering text devotes long overdue attention to the role of the affective domain in legal education and compels action: at stake is the psychological and ethical wellbeing of our students, their educators and the practicing profession. To accommodate affect is not to oppose cognitive and lawyering excellence, but to enhance it. This volume will be essential reading for those committed to the moral-ethical development of a functioning and humane legal profession.' Sally Kift, Queensland University of Technology, Australia '... intellectually stimulating, wide-ranging, extremely well-written and long overdue... so multi-faceted and multi-layered that a second volume is doubtless warranted...' Hibernian Law JournalTable of ContentsContents: Introduction, Paul Maharg and Caroline Maughan; Part I Affect, Legal Education and Neuroscience: Why study emotion?, Caroline Maughan; Learning and the brain - an overview, Richard Roche; Enhancing self-control: insights from neuroscience, Lorraine Boran and David Delany. Part II Affect and Legal Education: Can litigators let go? The role of practitioner-supervisors in clinical legal education programmes, Sara Chandler; Instead of a career: work, art and love in university law schools, Anthony Bradney; What do academics think and feel about quality?, Chris Maguire. Part III Affect and Learning: From Socrates to Damasio, from Langdell to Kandel: the role of emotion in modern legal education, Alan M. Lerner; Legal understanding and the affective imagination, Maksymilian Del Mar; What students care about and why we should care, Graham Ferris and Rebecca Huxley-Binns; The body in (e)motion: thinking through embodiment in legal education, Julian Webb; Developing professional character - trust, values and learning, Karen Barton and Fiona Westwood; Addressing emotions in preparing ethical lawyers, Nigel Duncan; Space, absence, silence: the intimate dimensions of legal learning, Paul Maharg; Index.

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Book SynopsisA Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation, termination and statutory renewal. The main types of residential tenancy are also considered including: assured and assured shorthold tenancies, secure and Rent Act tenancies and long leasehold enfranchisement. The book aims to familiarise the reader with the contractual documentation as well as the common law and statutory codes which form the basis of landlord and tenant transactions. It contTable of ContentsPart 1 – Leases, the basic principles 1 Introduction 2 The Lease/ license distinction 3 Formalities for creating a lease Part 2 – Obligations within the lease and termination 4 Introduction to obligations 5 Implied obligations 6 Express obligations 7 Repair 8 Rent 9 Alienation 10 Termination Part 3 – Business tenancies 11 Introduction 12 Who is a business tenant? 13 Contracting out, continuation and termination 14 Grounds of opposition 15 Application and grant of a new tenancy 16 Code for leasing business premises Part 4 – Residential tenancies 17 Introduction 18 Rent Act tenancies 19 Assured and assured shorthold tenancies 20 Secure tenancies 21 Protection from eviction 22 Long leaseholds and enfranchisement 23 Commonhold Part 5 – Agricultural tenancies 24 Agricultural Holdings 25 Farm Business Tenancies

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Book SynopsisJohn Duddington was Head of the Law School at Worcester College of Technology before retiring to focus on writing and research. He also teaches property law at the University of Worcester.Table of ContentsAcknowledgements vi Guided tour viii Table of cases and statutes x What you need to do for every question in Land Law xvii Chapter 1: Rights over land – the impact of the Human Rights Act: finder’s titles Chapter 2: Registered and unregistered title to land Chapter 3: Co-ownership of land Chapter 4: Trusts and the home Chapter 5: Licences and estoppel Chapter 6: Leases Chapter 7: Covenants affecting freehold land Chapter 8: Easements and profits Chapter 9: Mortgages Chapter 10: Adverse possession Chapter 11: A mixture of questions Bibliography Index

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Book SynopsisThe papers selected for this volume offer a panorama of problems and methods at the intersection of legal theory and the humanities. All taken from the last three decades, the papers discuss issues such as the role of the emotions and the imagination in legal reasoning, and the protection of the diversity of voices and perspective in the name of community. Unduly neglected sources and resources for legal theory are also explored: images, still and moving; performance, aural and gestural; and space, old and new, from the Inns of Court to the World Wide Web. The articles balance renewed calls to humanise legal theory with those that analyse and explore the relevance of specific domains of the humanities - such as literature, architecture, music, painting, drawing and film - for law. The volume contains a substantive introduction and a detailed bibliography.Table of ContentsContents: Introduction. Part I Imagination, Emotion and the Particular: Empathy, legal storytelling, and the rule of law: new words, old wounds?, Toni M. Massaro; Poets as judges: judicial rhetoric and the literary imagination, Martha C. Nussbaum; The echo of a sentimental jurisprudence, Ian Ward. Part II Voice, Perspective and Community: The judicial opinion and the poem: ways of reading, ways of life, James Boyd White; Law as rhetoric, rhetoric as law: the arts of cultural and communal life, James Boyd White; The judicial opinion as literary genre, Robert A. Ferguson; Narrative transactions - does the law need a narratology?, Peter Brooks; Ghosts of law and humanities (past, present, future), Marett Leiboff. Part III Image, Vision and Pattern: The aesthetics of American law, Pierre Schlag; Tele-tribunals: anatomy of a medium, Cornelia Vismann; Precrime never pays! ’Law and economics’ in Minority Report, William P. MacNeil; Visiocracy: on the futures of the fingerpost, Peter Goodrich. Part IV Space, Music and Performance: Law, music, and other performing arts, Sanford Levinson and J.M. Balkin; Theatre of deferral: the image of the law and the architecture of the Inns of Court, David Evans; Prelude: senses and symbols in aesthetic experience, Desmond Manderson; Legal performance good and bad, Julie Stone Peters; Screening law, Peter Goodrich. Index.

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Book SynopsisThoroughly interdisciplinary in approach, this volume examines how concepts such as the exercising of power, the distribution of justice, and transgression against the law were treated in both textual and pictorial terms in works produced and circulated in medieval French manuscripts and early printed books. Analysing texts ranging from romances, political allegories, chivalric biographies, and catalogues of famous men and women, through saints' lives, mystery plays and Books of Hours, to works of Roman, canon and customary law, these studies offer new insights into the diverse ways in which the language and imagery of politics and justice permeated French culture, particularly in the later Middle Ages. Organized around three closely related themes - the prince as a just ruler, the figure of the judge, and the role of the queen in relation to matters of justice - the issues addressed in these studies, such as what constitutes a just war, what treatment should be meted out to prisoneTrade Review"The ambitious, overarching themes of power and justice could well have resulted in a disparate collection of miscellaneous essays; the editors are to be commended for a coherent, original collection that makes an original and substantial contribution to an under-considered field of study and will be of great interest to scholars from many disciplines."Hilary Maddocks, The University of Melbourne, Journal of the Australian and New Zealand Association for Medieval and Early Modern StudiesTable of ContentsContents: Introduction, Rosalind Brown-Grant; Translating power for the Princes of the Blood: Laurent de Premierfait’s Des cas des nobles hommes et femmes, Anne D. Hedeman; How to wield power with justice: the 15th-century Roman de Florimont as a Burgundian ‘Mirror for Princes’, Rosalind Brown-Grant; The just captain in the Jouvencel by Jean de Bueil, Michelle Szkilnik; Reconfiguring queen truth in Paris, BnF, Ms. fr. 22542 (Songe du vieil pelerin), Kristin Bourassa; Allegorical design and political image-making in late medieval France, Cynthia J. Brown; The wolf, the shepherd, and the whale: critiquing the king through metaphor in the reign of Louis XI, Lydwine Scordia; Passing sentence: variations on the figure of the judge in French political, legal, and historical texts from the 13th to the 15th century, Barbara Denis-Morel; The judge and the martyr: images of power and justice in religious manuscripts from the 12th to the 15th century, Maïté Billoré and Esther Dehoux; Beastly power, holy justice in late medieval France: from Robert Gobin’s Loups ravissans to Books of Hours, Mary Beth Winn; The queen on trial: spectacle of innocence, performance of beauty, Yasmina Foehr-Janssens; Claude of France: justice, power, and the queen as advocate for her people, Kathleen Wilson-Chevalier; List of manuscripts and early printed editions cited; Bibliography; Index.

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Book SynopsisAdrian Stalker sets eviction law in context by providing an outline of the development of Scots law in relation to it, and analysing the complex statutory schemes regulating security of tenure. In particular, he examines the prerequisites for obtaining an order for possession under the Housing (Scotland) Acts 1988 and 2001 and an eviction order under the Private Housing (Tenancies) (Scotland) Act 2016.

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Book SynopsisIt is the purpose of this book to bring together materials that may help the lawyer and the planner talk together with a greater understanding of each other's problems and points of view. This casebook contains collections of facts or events, some hypothetical, but most of them historical, that raises serious conflicts of interest and require settlement by some device, either the dictate of some private individual or group, or the exercise of a more orderly "legal" procedure.

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Book SynopsisAfter the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres.Francisco I. Madero, demanding that the executive branch of government assume the judiciary’s control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico—those implemented by Emiliano Zapata and Venustiano Carranza—subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practiceTrade Review"Matters of Justice should be studied as a general course-correction in our understanding of how pueblos, land, and governance intersected during a formative period in Mexico's history."—Morgan Veraluz, New Mexico Historical Review"Because of the care with which she reconstructs the implementation of the early agrarian reform, Baitenmann's book will be required reading for those teaching or writing about the history of the Mexican Revolution for many years to come."—Timothy M. James, H-LatAm"Baitenmann excels at grounding her argument in exhaustive archival research within the context of the broader literature."—M. Becker, Choice“Richly researched and carefully argued, Matters of Justice sheds new light on the agrarian reforms born of the Mexican Revolution, showing how changing political circumstances and unforeseen practical difficulties turned widespread calls for village land restitution into a makeshift system of executive land grants that bypassed judicial sanction and gave birth to a new institution, the Mexican ejido. A must-read for every historian of modern Mexico.”—Emilio Kourí, author of A Pueblo Divided: Business, Property, and Community in Papantla, Mexico“A landmark history of the Mexican agrarian reform’s juridical underpinnings and the logistical considerations that shaped its execution. Matters of Justice punctures historiographical shibboleths and paints a new portrait of what lawmakers believed the land reform was and how it should be executed. It provides crisp insight into how communities learned to navigate the land reform’s sometimes labyrinthine legal structures.”—Christopher Boyer, author of Political Landscapes: Forests, Conservation, and Community in Mexico“A much-needed corrective to the first decade of agrarian reform in Revolutionary Mexico. . . . Because the foci shift seamlessly between the federal district and the countryside, the result is a multivocal and balanced assessment of agrarian reform that, despite its shortcomings, contradictions, and inconsistencies, set the course of Mexican rural policy for the next eighty years.”—John J. Dwyer, author of The Agrarian Dispute: The Expropriation of American-Owned Rural Land in Postrevolutionary MexicoTable of ContentsList of Illustrations Acknowledgments Introduction: Hidden Histories of Revolutionary Agrarian Reform 1. The Inherent Difficulties of Winning Pueblo Land and Water Suits in Nineteenth-Century Mexico 2. Pueblo Land and Water Claims during the Madero Administration, 1911–1913 3. The Zapatista Land Reform, 1911–1916 4. The Constitutionalist Land Reform in the Absence of the Judiciary, 1914–1917 5. The Return of the Judiciary in Uncertain Times, 1917–1924 6. The Morelos Laboratory, 1920–1924 Epilogue: Zapatista and Constitutionalist Agrarian Reforms Compared Glossary Notes Bibliography Index

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Book SynopsisAfter the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres.Francisco I. Madero, demanding that the executive branch of government assume the judiciary’s control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico—those implemented by Emiliano Zapata and Venustiano Carranza—subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practiceTrade Review"Matters of Justice should be studied as a general course-correction in our understanding of how pueblos, land, and governance intersected during a formative period in Mexico's history."—Morgan Veraluz, New Mexico Historical Review"Because of the care with which she reconstructs the implementation of the early agrarian reform, Baitenmann's book will be required reading for those teaching or writing about the history of the Mexican Revolution for many years to come."—Timothy M. James, H-LatAm"Baitenmann excels at grounding her argument in exhaustive archival research within the context of the broader literature."—M. Becker, Choice“Richly researched and carefully argued, Matters of Justice sheds new light on the agrarian reforms born of the Mexican Revolution, showing how changing political circumstances and unforeseen practical difficulties turned widespread calls for village land restitution into a makeshift system of executive land grants that bypassed judicial sanction and gave birth to a new institution, the Mexican ejido. A must-read for every historian of modern Mexico.”—Emilio Kourí, author of A Pueblo Divided: Business, Property, and Community in Papantla, Mexico“A landmark history of the Mexican agrarian reform’s juridical underpinnings and the logistical considerations that shaped its execution. Matters of Justice punctures historiographical shibboleths and paints a new portrait of what lawmakers believed the land reform was and how it should be executed. It provides crisp insight into how communities learned to navigate the land reform’s sometimes labyrinthine legal structures.”—Christopher Boyer, author of Political Landscapes: Forests, Conservation, and Community in Mexico“A much-needed corrective to the first decade of agrarian reform in Revolutionary Mexico. . . . Because the foci shift seamlessly between the federal district and the countryside, the result is a multivocal and balanced assessment of agrarian reform that, despite its shortcomings, contradictions, and inconsistencies, set the course of Mexican rural policy for the next eighty years.”—John J. Dwyer, author of The Agrarian Dispute: The Expropriation of American-Owned Rural Land in Postrevolutionary MexicoTable of ContentsList of Illustrations Acknowledgments Introduction: Hidden Histories of Revolutionary Agrarian Reform 1. The Inherent Difficulties of Winning Pueblo Land and Water Suits in Nineteenth-Century Mexico 2. Pueblo Land and Water Claims during the Madero Administration, 1911–1913 3. The Zapatista Land Reform, 1911–1916 4. The Constitutionalist Land Reform in the Absence of the Judiciary, 1914–1917 5. The Return of the Judiciary in Uncertain Times, 1917–1924 6. The Morelos Laboratory, 1920–1924 Epilogue: Zapatista and Constitutionalist Agrarian Reforms Compared Glossary Notes Bibliography Index

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Book SynopsisEmptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice.Trade Review"People are dispossessed not only with guns and bulldozers, but also with legal practices and strategies. Emptied Lands reveals how the painfully named and legally invoked Dead Negev Doctrine facilitates the continued dispossession of Bedouins in the Negev, the most intense and protracted land dispute within Israel. Drawing from decades of activism and scholarship, Kedar, Amara, and Yiftachel provide a powerful challenge to the doctrine, creating space for better forms of legality."—Nicholas Blomley, Simon Fraser University"Three of the best critical scholars of contemporary Palestine have successfully combined legal, geographical, and political analysis into a forensic study of how Israel has weaponized the law against the most vulnerable of all inhabitants of Palestine, the Bedouins. A remarkable multidisciplinary feat, this book provides an essential understanding of settler colonialism."—Eyal Weizman, Goldsmiths, University of London"This book is particularly valuable on a subject that is as complex as it is almost unresearched—namely, how the state formulates different elements that amalgamate politics with history and law in order to legitimize Bedouin land dispossession. Kedar, Amara, and Yiftachel...are able to identify and explain in their historical and legal context the key elements of the state's policy and the court decisions with regard to the Bedouin land issue."—Morad Elsana, Israel Studies Review"[Emptied Lands] confronts us with a direct, scholarly account of one of the main routes to dispossession on which the State of Israel has relied in emptying the Negev of its Palestinian Bedouin residents. This fascinating and well-written book—the result of extensive archival research, verification of sources, and a thorough reading of historical and geographical documents—systematically dismantles the Israeli establishment's claims using a variety of scientific, legal, geographic, planning, and Zionist sources. The uniqueness of the work lies in the presentation of an alternative, geographically based legal property rights study."—Safa Aburabia, Journal of Palestine Studies"The three authors have done a great service to those who wish to critically appraise the Israeli court position with regard to Bedouin in the Negev, their indigeneity and their claims to autonomy. Knowing the argument put forward to deny their indigeneity, or their rights to the lands of their forefathers, is powerful ammunition for future legal cases, as well as in continuing resistance to being ignored in 'unrecognised villages', or forcibly resettled."—Dawn Chatty, Nomadic PeoplesTable of ContentsIntroduction: Terra Nullius in Zion? 1. The Legal Geography of Indigenous Bedouin Dispossession 2. The Land Regime of the Late Ottoman Period 3. The Land Regime of the Mandate Period 4. Formulating the Dead Negev Doctrine During the Israeli Period 5. Historical Geography of the Negev: Bedouin Agriculture 6. Bedouin Territory and Settlement 7. The Bedouin as an Indigenous Community 8. International Law, Indigenous Land Rights, and Israel 9. State and Bedouin Policies and Plans Conclusion:

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Book SynopsisAddresses various components of local government development regulation, including the types and legal authority for regulations that are used, roles and responsibilities of those involved, the scope of city and county jurisdiction, and a wealth of detailed legal analysis. The new edition incorporates legal developments since 2006.

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Book SynopsisBeginning and building a real estate law practice offers many advantages: the underlying law changes relatively slowly while offering a satisfying opportunity to develop a base of steady clients and professional relationships. Written by a veteran real estate law attorney, How to Build a Real Estate Law Practice offers useful and essential guidance, whether you are in your first years of practice and are just starting to focus on real estate as a legal practice, or if you've already started in the area. Author Dean Alterman shares pointers that you can incorporate into your daily practice as well as for your long-term business plan. Real estate law offers a broad range of specialties, some that lead to the courtroom and others more suited to a desk in an office. Whatever area of real estate law that you practice in, you'll find practice-focused advice that's tailored specifically to the needs of a real estate lawyer. Topics include:* How to define your practice* Law practice financials: banking and budgeting* Law practice management: setting up an office, from location to equipment and staff* Finding clients and networking* Engagement letters* How (and when) to turn down work* Setting and collecting fees for your work* Communicating with clients and how to best use boilerplate language and forms * Doing business with clients, from referrals to conflicts between them* Growing your practice - and the opposite, how to transition a practice and plan for retirementTable of ContentsTable of Contents Chapter 1: Why a Real Estate Practice? Chapter 2: Define Your Practice Chapter 3: Budgeting and Banking Your Practice Chapter 4: Selecting a Location Chapter 5: Leasing and Furnishing Your Office Chapter 6: Supplying Your Office Chapter 7: Staffing Your Office Chapter 8: Finding Clients and Networking Chapter 9: Getting Hired: Meetings and Engagement Letters Chapter 10: How and When to Turn Down Work Chapter 11: Setting and Collecting Fees Chapter 12: Managing and Monitoring Your Finances Chapter 13: Managing Your Time and Workload Chapter 14: Communicating with Your Clients Chapter 15: Making Your Work Reusable: The Brighter Side of Boilerplate Chapter 16: Conflicts With and Between Clients Chapter 17: Doing Business with Your Clients Chapter 18: Growing Your Practice Chapter 19: Transitioning Your Practice; Preparing for Retirement Chapter 20: ConclusionAppendices Appendix 1: Sample Annotated Engagement Letter with Alternate ClausesAlternate Clauses for the Sample Engagement Letter Appendix 2:New Business Letter Appendix 3: Sample Disengagement Letter Appendix 4: Recommended Additional Reading Afterword

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Book SynopsisThe construction lawyer regularly faces a wide variety of legal issues, some of which they do not see often in their law practice. Construction lawyers have long used checklists as a quick reference tool for drafting contracts, litigation, and providing advise to clients. The ABA Forum on the Construction Industry has drawn on the expertise of its members to present a unique collection of essential checklists that address the wide-ranging aspects of a construction practice. Construction Checklists: A Guide to Frequently Encountered Construction Issues contains more than 70 checklists, including more than 25 new additions since the 2008 previous edition. Each checklist has been developed to solve a practical need. Checklist topics include: Design Insurance Surety law International transactions Contract administration Labor and employment law Government contracting Bankruptcy Litigation issues, including discovery, opening statements and closing arguments False claims

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Book SynopsisThis ABA bestseller has helped thousands of estate planners understand the complex rules and regulations governing qualified retirement plan distributions and IRAs. Now newly updated, An Estate Planner's Guide to Qualified Retirement Benefits provides expert and current guidance for structuring benefits from qualified retirement plans and IRAs, consistently relating key distribution issues to current estate planning practice. Topics covered include: The different types of qualified plans and the tax and non-tax rules relating to them The forms of distribution and the situations in which they need to be considered Penalty taxes Distribution requirements and how to calculate them Income taxation and handling rollovers Transfer taxes Spousal rights, QDROs, and community property considerations Estate and trust administration issues Practical planning strategies to avoid penalty and excise taxes on distributions while incurring the lowest income tax, and more Includes appendices on tax consequences and hypothetical retirement plan scenarios, sample forms, and revenue rulings, private letter rulings, IRS news releases and notices.

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Book SynopsisDo you ever wonder if there's something you're missing in negotiating a lease, why one party insists on not altering a particular paragraph, or if you need to offer an acceptable compromise that would meet the needs of all parties in a lease? The Lease Manual: A Practical Guide to Negotiating Office, Retail, and Industrial Leases answers these questions and many more. This practical guide helps you effectively handle all stages of a commercial real estate lease transaction, from negotiation to preparation and execution of office, retail, and industrial leases. Because understanding the needs and concerns of all interested parties is the only way to facilitate and complete lease negotiations, The Lease Manual examines and explores the concerns, needs, and desires of landlords, tenants, lenders, and brokers by analyzing typical lease paragraphs from each point of view. The first three parts of the book provide description and analysis of typical lease paragraphs for: Office leases Retail leases Industrial/warehouse leases A numerical "Risk Rating" is given to each paragraph of the typical lease, along with a brief summary and description of the lease paragraph and its scope. This is followed by an analysis of the lease paragraph and a critical review of the landlord's, tenant's, and lender's perspectives, along with possible compromises and alternatives from each party's point of view. The Lease Manual also discusses some of the most negotiated yet least understood lease terms, such as "Net Rent," "Gross Rent," "Base Year Rent," "Expense Stop Rent," "Percentage Rent," "Full Service Rent," "Real Estate Taxes," "Subordination," "Nondisturbance," and "Attornment." A collection of commonly used forms that are ancillary to a lease transaction are included in the book's final section, including a Letter of Intent, Notice of Lease, Lease Commencement Date Agreement, Subordination, Nondisturbance and Attornment Agreement, and Tenant Estoppel Letter. This updated second edition of The Lease Manual: A Practical Guide to Negotiating Office, Retail, and Industrial/Warehouse Leases, now with lead author April F. Condon, offers a fourth perspective - that of the Broker, as well as many other additions, including: More alternatives, compromises, and analyses New lease negotiation strategies Updates related to Covid-19 issues Energy-efficient “green” building best practices Right of First Refusal and Right of First Offer alternatives to lease additional space in an office building Lease Alternatives to meet Telecommunication needs, including equipment installations that may be located exterior to the leased premises And more!

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Book SynopsisThis valuable book provides an in-depth review and analysis on casualty and insurance issues in one comprehensive, easy-to-use resource.Table of ContentsTable of Contents: Risk Allocation and Responsibilities Modern Liability Theory Insurance Coverage Types Coinsurance Subrogation and Waivers of Subrogation Indemnification and Exculpatory Clauses The "No Fault" Approach Arbitration of Insurance Disputes Final Thoughts

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Book SynopsisWritten by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you: Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death. In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.Table of ContentsTABLE OF CONTENTSAcknowledgments ixAbout the Authors xiCHAPTER 1Introduction of Planning for Special Needs with Trusts 1I. Demographics 1A. The Costs of Long-Term Care 3B. Why Plan to Become Eligible for Public Benefits? 3II. History of Trust Planning 4A. Early Trust Practice (No Holds Barred) 4B. MQT 6C. OBRA ’93 8D. Medicaid Trusts 11III. Distinctions between Self-Settled and Third-Party Trusts 11A. When Can a Self-Settled Trust Actually Bea Third-Party Trust? 12IV. Examples of Various Public Benefits Programs 13V. SNT Requirements Summary 15VI. Vocabulary 15CHAPTER 2Ethical Issues and Fiduciary Representation 17I. Introduction 17II. Who Is the Client? 17A. First-Party Trusts: Is the Question, “Who Is the Client?”More Complicated? 19B. Third-Party SNTs: Is the Question, “Who Is the Client?”Easier to Answer? 21III. When an Attorney Represents the Trustee:The Ethical Issues 22IV. When the Attorney Is the Trustee (or Other Fiduciary) 27V. Does the Attorney for the Trustee Have Any Dutyor Liability to the Trust Beneficiary? 28VI. Ability to Share Information with Nonclient Beneficiary 32A. What about Privileged Information? Is That Protectedfrom Disclosure? 34VII. Always an Attorney Must Be Competent 36VIII. Conclusion 37CHAPTER 3Public Benefits 39I. Introduction 39II. Various Programs 39A. Supplemental Security Income 39B. SSDI 50III. Childhood Disability Benefits: Transitioning from SSI to SSDI 60A. Description of Programs 61B. Eligibility Requirements 62C. Proving Disability 62D. Medicare 64E. Medicaid 65F. Tips and Tricks 66IV. Federal Housing Programs under the U.S. Department of Housing and Urban Development 67A. Description of Programs 67B. Eligibility Rules 68C. Tips and Tricks 72CHAPTER 4First-Party Special Needs Trusts 77I. Introduction 77II. The Statutes and More 78III. The Program Operations Manual System 81IV. The State’s Medicaid Program 81V. The State’s Trust Code 81VI. Commentary 82VII. The Trust Is Irrevocable 84VIII. Sole Benefit 85IX. Source of Funds 86X. Distribution Standard 88XI. What Are “Special Needs”? 89XII. Some Specific Trust Provisions 89XIII. Submitting the SNT to the SSA for Approval 91XIV. Who Should Be the Trustee? 91XV. Case Law 92XVI. Creation 93XVII. Payback Requirements 95XVIII. Administrative Matters 96XIX. Spousal and Child Support 97CHAPTER 5Third-Party Special Needs Trusts 99I. Introduction 99II. What Is a Discretionary Trust? 100III. Distinctions of a Third-Party SNT from the First-Party SNT 104A. Why a Third-Party SNT? 104B. Who Is a Third Party? 109 vi Table of ContentsIV. Uniform Trust Code 110V. Inter Vivos or Testamentary? 114VI. Distribution Standard 116VII. Modification 124VIII. What the Courts Have to Say 126CHAPTER 6Modification, Reformation, Decanting, and Directed Trusts 131I. Introduction 131II. Modification 131A. Guidance from the Program Operations Manual System 134B. Modification: Applicability to Special Needs Trusts 134III. Reformation 142IV. Decanting 144A. Uniform Trust Decanting Act 145B. State Example: Florida’s Decanting Statute 147C. Decanting Cases 148V. Directed Trusts 152A. Case Law on Trust Directors 154CHAPTER 7Special Needs Trust Alternatives 157I. No SNT or Trust at All 157II. Achieving a Better Life Experience Accounts 158III. Qualified Disability Trusts 162A. Elements 164B. Taxation of Distributions 165C. Analysis 166IV. Sole Benefit Trusts 167A. Elements 168B. Analysis 169V. Settlement Protection/Preservation Trusts 171VI. Health Insurance under the Affordable Care Act 172 Table of Contents viiAPPENDICESAppendix A Self-Created Special Needs Trust 177Appendix B Third-Party Inter Vivos Trust 193Appendix C Checklist for First-Party Special Needs Trust Considerations for Interview and Drafting 209Appendix D Client Interview Questionnaire 213Appendix E Social Security Administration Notice Letter for Self-Settled Trust with Payback Language Based on SSA Step-Action from the Program Operations Manual System 221Appendix F Social Security Administration Letter for Third-Party Special Needs Trust, No Payback 229Appendix G Social Security Administration Step-Action from the Program Operations Manual System: SI 01120.203 Exceptions to Counting Trusts Established on or after January 1, 2000 233Appendix H Third-Party Special Needs Trust Information Schedule 237Appendix I Caregiver Letter 245Appendix J Trustee Letter 251Appendix K Choosing a Trustee Letter 265Appendix L Special Needs Alliance Trustees Handbook 273Appendix M Trust Distribution Standards (a Sampler) 291Appendix N ABLE Account, Special Needs, and Pooled Trust Comparison Chart 293Appendix O Transmittal 64 309Index 349

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Book SynopsisA practical guide for trustees on how to fulfill their fiduciary duties to the trust beneficiaries in determining how to invest the trust assets.Table of Contents Introduction Types of Investments Economic Theory of Investments Income Taxation of Investments Trustee Duties Generally The Duty to Diversify Duties of Loyalty and Impartiality Power to Delegate and Duty to Monitor Investment Directions in the Trust Instrument Determining Breach and Damages Extending the Reach of the Prudent Investor Act Effects of Principal and Income Acts on Investing Trust Drafting Suggestions Developing the Investment Plan Appendix

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Book SynopsisThis comprehensive guide provides an overview of the rules and principles of estates and future interests, including concurrent estates, marital estates (including the modern elective share), and powers of appointment. It includes new innovations from the Restatement 3d of Property, modernizing the law of future interests and dramatically changing the Rule Against Perpetuities. With respect to powers of appointment, the book incorporates the clarifications and modernizations of the law in the Restatement 3d of Property and the Uniform Powers of Appointment Act (2013, with subsequent amendments). The book also has exercises, with answers at the back. Valuable for students in first-year Property and upper-year courses in Trusts and Estates.

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