...See id. To preserve the tax consequences from the ongoing investment w...Suppose Alpha Co. owns Blackacre, an investment property which has a basis of $10,0....19 The speculative and unquantified nature of this tax advice provides an adequate basis to s...
...The nature of the asset is such that a change in the capitali... to a trustee three adjoining farms, Blackacre, Whiteacre, and Greenacre. The trust instrument pr... spouse such enforceable rights as will preserve to her the requisite degree of enjoyment, it is im...
In the ancient Near East, contracts were often solemnized by hacking up a goat. The ritual was an enacted penalty clause: "If I breach this contract, let it be done to me as we are doing to the goat." This Article argues that we are not so far removed from our goat-hacking forbearers. Legal scholars have argued that contractual liability is best explained by the morality of promise making, or by the need to create optimal incentives in contractual performance. In contrast, this Article argues for the simpler, rawer claim that contractual liability consists of consent to retaliation in the event of breach. In the ancient ritual with the goat, the consented-to retaliation consisted of self-help violence against life and limb. The private law in effect domesticates and civilizes retaliatio...
...The nature of the asset is such that a change in the capitali... to a trustee three adjoining farms, Blackacre, Whiteacre, and Greenacre. His will provided that ... spouse such enforceable rights as will preserve to her the requisite degree of enjoyment, it is im...
Nature, to be commanded, must be obeyed. . -- Francis Bac... to stem the rising tide of progress to preserve "the good old days." While there are indeed legiti... DNA in the same way that you can own Blackacre? (24) . One reason that developing genetic knowled...
.... To preserve the appropriate tax consequences, the taxpayer ret... following example: [A]ssume T owns Blackacre, which is worth $100 and has a basis of $20, a... § 1031(f)(2)'s exceptions by their very nature do not violate those purposes, § 1031(f)(2) must ...
In New York, no detailed study of judicial liens on real property judicial liens on personal property is over forty years old and in any case precedes the dubious reforms instituted by the New York legislature in the Civil Practice Law and Rules (CPLR). This article fills that gap. This Article is the first installment of an in-depth study of judicial liens in New York. This installment focuses on judicial liens on real property, as regulated by the CPLR. The law pertaining to judicial liens in New York real property has been revealed to be full of contradictions and idiotic caprice. But in the main, civilization in New York seems to have struggled along tolerably well. For all its problems, the real estate regime for judicial liens is in fact blissfully simple, compared to the personal...
...In exploring the nature of the judicial lien on New York real property, I ...: D owns a fee simple absolute estate in Blackacre. D grants A a mortgage (which A promptly records).... has failed to take steps necessary to preserve his own property interest, also cannot be expected...
The law of trusts consists overwhelmingly of default rules that the settlor who creates the trust may alter negate; however, there are some mandatory rules that the settlor is forbidden to vary. Langbein discusses the recent developments in American trust law that have clarified the mandatory rules--intent-defeating rules that restrict the settlor's autonomy and intent-serving rules whose purpose is to discern and implement the settlor's true intent--and explores the rationale for these rules.
... that holds land as a bird sanctuary or nature preserve. There are analogues to programmatic inve... of Blackacrc, I am allowed to give Blackacre to T, or to make T the beneficiary of a trust of B...
...- 8 -. . "X is the owner of Blackacre. A purchases Blackacre from X for $10,000, $4,000... The very nature of temporary support orders is "`to preserve the s...
... remainder interest was of a testamentary nature, made when she was 80 years old to a family-owned ... and often-sold parcel of land called Blackacre, which is worth $1 million in fee simple, for its ... take pains to invest, compound, and preserve inviolate all life income from half of a trust, kn...
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