Unruly Nature of Laws of Trusts & Estates
City: San Francisco
Abstr. due: 15.08.2016
Dates: 03.01.17 — 07.01.17
Area Of Sciences: Law;
Organizing comittee e-mail: firstname.lastname@example.org
Trusts & E states is a far -reaching and broad -based discipline of law that impact s private citizens’ decisions about sex, death, and taxes. This legal discipline is based on speculation about donors and their intentions that, by their very nature, create unintended consequences because the laws exist largely unseen until they come into play. Moreover, ascertaining these preferences prove difficult because individuals are entrenched with idiosyncratic preconceptions about death, family, property ri ghts, personal legacies, paternalism, altruism, investment strategies, taxes, and many other effective interests . In addition, the field sits at the crossroads of other legal disciplines such as family law, property law, elder law, and tax law. For stude nts, T&E makes an appearance in law schools and the bar exam, but is not like a constitutional law class that is unabashedly theoretical in its presentation and in meeting students’ non- expectations of a skills - centric classroom experience. In practice, s ome of the most thriving areas require expertise in T&E . In ordinary people’s everyday lives, the legal discipline is like an operating system that quietly runs in the background, but in reality organizes and informs the end user’s experience, often without the end user’s full awareness. In the academy, it is caught between the practical and theoretical —a microcosm of th e questions at the heart of debates about the value and normative objectives of a legal education. Yet, d uring a time when T&E is becoming more relevant than ever, the discipline may be under –theorized and marginalized in the academy . Therefore, this pan el will interrogate T&E’s unruly nature, entertaining inquiries about the intersectionality of gender, race, sexual orientation, and class; the pervasiveness of succession law in aligned fields ; its history of adaptation to changing social norms ; and the d evelopment and evolution of law reform in this area. The panel will explore new visions for the field and frameworks that disrupt and reimagine the field , while looking forward to practical and theoretical responses to such things as the pending elder car e issues, concentration of wealth , taxation , large wealth transfers, social fixity, and the ongoing privatization of family caregiving and support.