Wills, Trusts & Estates Prof Blog

ACTEC Announces Mary Moers Wenig 2013 Student Writing Competition

The American College of Trust and Estate Counsel has officially announced the Mary Moers Wenig 2013 Student Writing Competition.

Here are some of the key features of this competition:

• Large cash prizes (first place = $5,000; second place = $3,000; third place = $1,000; honorable mention cash awards may also be made).
• A broad range of topics in the trusts and estates and related taxation areas.
• Attractive page requirements -- the body of the paper must be 20 double-spaced pages and may not exceed 30 double-spaced pages.
• Use of original (but unpublished) papers, including papers prepared for law school credit.
• June 14, 2013 deadline which will allow for work over several months including spring break.
• No limit on the number of Honorable Mention Prizes allowing entrants to have a greater chance of receiving recognition and monetary awards.
• Papers may be coauthored.

The official rules may be found here.

Encourage Students to Enter RPTE Writing Contest

Professors: 

Encourage your students to enter the ABA Real Property, Trust and Estate Law Student Writing Contest.

The 2013 prizes are as follows: 

1st Place
- $2,500
- Possible consideration for essay to be printed in Probate & Propertymagazine
- Free roundtrip airfare and hotel accomodations to the 2013 Fall Leadership Meeting in October to New Orleans, LA
- One year free RPTE membership

2nd Place
- $1,500
- One year free RPTE membership

3rd Place
- $1,000
- One year free RPTE membership

All essays are due June 14. Please click here to find the contest rules and entry forms. 

Article on the National Trails System Act and Takings Jurisprudence

S. Mike Gentine (J.D. The George Washington University School of Law, 2012) recently published his article entitled Riding the Trails to Bad Law: The Inevitably Unjust Results of the National Trails System Act And Current Takings Jurisprudence, 47 Real Prop. Tr. & Est. L.J. 173 (2012).  The introduction to the article is below:

Since 1968, Congress has searched for an effective legal means to turn disused or outright abandoned rail lines into publicly accessible walking, hiking, or biking trails. Congress's first attempt was the National Trails System Act (NTSA). When this effort proved ineffective at building the hoped-for national spider web of walkability, Congress tried again, this time attempting to nudge rail companies into offering their rights-of-way for public sale by allowing the Interstate Commerce Commission (ICC) to delay the companies' legal abandonment of the property if they did not make the offers. This, too, was unsuccessful because companies could not possibly comply with the request; the lines were mostly on property the rail companies acquired through easements or other property rights short of fee simple, and when the railroads abandoned the lines, state property laws could require the instant return of the property to its original owners.

The next and current program, the amended NTSA, appeared in 1983. Under this scheme, when a railroad petitions for legal recognition of its abandonment of a line, anyone interested in converting that line to a public trail can apply for a Notice of Interim Trail Use or Abandonment (NITU) or a Certificate of Interim Trail Use or Abandonment (CITU). These processes operate identically and differ only in the formal classification of the underlying abandonment proceeding (for simplicity, this article will use NITU throughout to encompass both forms). An application for an NITU could result in a direct transfer to the trail operator, which may shut out the future interest holder.

At least in the Federal Circuit, the settled law for years has been that a successful negotiation under an NITU--one that transfers the easement to a trail operator rather than allowing it to revert to the future interest holder--is a taking within the meaning of the Fifth Amendment. However, cementing the idea that an NITU creates a taking left at least three related questions. First, when does the claim for a taking accrue? Second, how long does a future interest holder have to assert that claim? Third, for what portion of that intervening time is the government liable for compensation?

In a series of cases spanning six years, the Federal Circuit has answered each of these questions, but the answers have produced a troublesome reality in which both NITU negotiations and the resulting takings litigation can take several years and the total taxpayer cost of acquiring a right to walk the trails can be absurd. This article briefly discusses the Preseault cases, which led to the conclusion that an NITU does take property. Part II examines the congressional history of the NTSA. Part III discusses the development of rail line abandonment law and NTSA jurisprudence, including a thorough look at Ladd v. United States. Part IV analyzes the legal and practical flaws in that jurisprudence, most notably the functional impossibility of applying Ladd literally. Finally, Part V offers three potential solutions to this troublesome legal climate and discusses the limitations of solutions other scholars have offered.

This article proposes development (either judicial or legislative) of a compensation scheme that both better protects landowners and better accomplishes the goal of the rails-to-trails concept. This scheme will require a rethinking of Federal Circuit cases like Caldwell v. United States and Barclay v. United States and a review of Ladd. The result, hopefully, will be a legal regime in which the government fully and fairly compensates landowners pursuant to the Fifth Amendment; the litigation process is faster and simpler; and rails will be able to turn to trails more quickly.

ACTEC Announces Mary Moers Wenig 2012 Student Writing Competition

The American College of Trust and Estate Counsel has officially announced the Mary Moers Wenig 2012 Student Writing Competition.

Here are some of the key features of this competition:

• Large cash prizes (first place = $5,000; second place = $3,000; third place = $1,000; honorable mention cash awards may also be made).
• A broad range of topics in the trusts and estates and related taxation areas.
• Attractive page requirements -- the body of the paper must be 20 double-spaced pages and may not exceed 30 double-spaced pages.
• Use of original (but unpublished) papers, including papers prepared for law school credit.
• June 1, 2012 deadline which will allow for work over several months including spring break.
• No limit on the number of Honorable Mention Prizes allowing entrants to have a greater chance of receiving recognition and monetary awards.
• Papers may be coauthored.

The official rules may be found here.

Winners of the 2011 RPTE Law Student Writing Contest

The American Bar Association recently released the winners of the 2011 RPTE Law Student Writing Contest. The winners are as follows:

First Place—S. Mike Gentine (George Washington University School of Law): Riding the Trails to Bad Law: The Inevitably Unjust Results of the National Trails System Act and Current Takings Jurisprudence

Second Place—Scott Boddery (Florida State University College of Law): Electronic Wills: Drawing a Line in the Sand Against Their Validity

Third Place—Brett Robinson (Pepperdine): Finding Just Compensation in Substitute Facilities

For more information on the RPTE Law Student Writing Contest, please click here.

Real Property, Trust and Estate Law Student Writing Contest

The American Bar Association is accepting entries for the Real Property, Trust and Estate Law Student Writing Contest. The contest information is below:

Attention Professors!

Inform Your Students about the ABA Real Property, Trust and Estate Law Student Writing Contest...

The Section of Real Property, Trust and Estate Law is now accepting entries for the 2011 Law Student Writing Contest. The contest is designed to encourage and reward law student writing on real property, trust and estate law subjects of general and current interest. All law and LL.M students currently attending an ABA-accredited law school are eligible to apply.

Direct Your Students to the Law Student Writing Contest Webpage Here.

All Essays Are Due June 24th.

1st Place

$2,500 Cash

•   Free round-trip airfare and hotel accomodations to the RPTE Fall Leadership Meeting in Phoenix, AZ on November 3-6, 2011
• One year free RPTE membership
• Consideration for publication in The Real Property, Trust and Estate Law Journal

2nd Place

$1,500 Cash

3rd Place

$1,500 Cash

You don't have to be a member of the Section to enter!

 

University of Connecticut School of Law Student Legal Writing Competition

The University of Connecticut School of Law established a Student Legal Writing Competition to encourage and reward original student writing on legal issues affecting persons struggling with homelessness, mental illness, addiction, or substance abuse. The goal of the contest, which offers cash prizes, is to raise awareness of these issues and to seek suggestions for improving the delivery of services to these groups.

Rules for the writing competition will be announced in September, but students who wish to start their research early may do so.  Rules for the last competition can be found here. 

Elder Law Writing Competition for Students

The National Academy of Elder Law Attorneys (NAELA) is sponsoring the Sixth Annual NAELA Elder Law Writing Competition:

• The first place winner will receive a $1,500 first place prize and will be interviewed for a future issue of NAELA News.
• The second place winner will receive $1,000 cash.
• The third place winner will receive $500 cash.
• In addition, the top eight articles will be published in NAELA Student Journal, an annual publication, and the top eight authors also will receive a complimentary one-year student membership to NAELA.

Article submissions should address any topic regarding legal issues that affect seniors or people with disabilities. The competition is designed to focus students on the issues of elder law and elder law as a legal specialty. 

Articles will be judged on originality, accuracy, research, conciseness, analysis, and clarity of style.

There is plenty of time for students to seriously consider this competition.  Entries must be submitted electronically between February 28, 2011 and May 30, 2011.

NAELA is a non-profit association that assists lawyers, bar organizations, and others who work with seniors, people with disabilities, and their families. Established in 1987, the Academy provides a resource of information, education, networking, and assistance to those who deal with the many specialized issues involved with providing legal services to the elderly and people with disabilities.

For more information, see the following link.

ACTEC Announces Mary Moers Wenig 2011 Student Writing Competition

The American College of Trust and Estate Counsel has officially announced the Mary Moers Wenig 2011 Student Writing Competition.

Here are some of the key features of this competition:

• Large cash prizes (first place = $5,000; second place = $3,000; third place = $1,000; honorable mention cash awards may also be made).
• Winners published by ACTEC.
• A broad range of topics in the trusts and estates and related taxation areas.
• Attractive page requirements -- the body of the paper must be 20 double-spaced pages and may not exceed 30 double-spaced pages.
• Use of original (but unpublished) papers, including papers prepared for law school credit.
• June 1, 2011 deadline which will allow for work over two semesters and spring break.
• No limit on the number of Honorable Mention Prizes allowing entrants to have a greater chance of receiving recognition and monetary awards.
• Papers may be coauthored.

The official rules may be found here.

Call for Papers Deadline Extended

I previously blogged about a call for papers associated with the Aging as a Feminist Concern workshop being sponsored by the Feminist Legal Theory Project at Emory University School of Law.  The deadline for papers has been extended, and the new submissions procedure is below:

Please email a paper proposal of several paragraphs length by November 5, 2010 to: mfineman@law.emory.edu, ncahn@law.gwu.edu, nakohn@law.syr.edu, and cdomozi@emory.edu. Decisions will be made by November 19, 2010.

Elder Law Writing Competition for Students

The National Academy of Elder Law Attorneys (NAELA) is sponsoring the Fifth Annual NAELA Elder Law Writing Competition:

• The first place winner will receive a $1,500 first place prize and will be interviewed for a future issue of NAELA News.
• The second place winner will receive $1,000 cash.
• The third place winner will receive $500 cash.
• In addition, the top eight articles will be published in NAELA Student Journal, an annual publication, and the top eight authors also will receive a complimentary one-year student membership to NAELA.

Article submissions should address any topic regarding legal issues that affect seniors or people with disabilities. The competition is designed to focus students on the issues of elder law and elder law as a legal specialty. 

Articles will be judged on originality, accuracy, research, conciseness, analysis, and clarity of style.

There is plenty of time for students to seriously consider this competition.  Entries must be submitted electronically between March 1, 2010 and May 31, 2010.

NAELA is a non-profit association that assists lawyers, bar organizations, and others who work with seniors, people with disabilities, and their families. Established in 1987, the Academy provides a resource of information, education, networking, and assistance to those who deal with the many specialized issues involved with providing legal services to the elderly and people with disabilities.

For more information, see the following link.

ACTEC Announces Mary Moers Wenig 2010 Student Writing Competition

The American College of Trust and Estate Counsel has officially announced the Mary Moers Wenig 2010 Student Writing Competition.

Here are some of the key features of this competition:

• Large cash prizes (first place = $5,000; second place = $3,000; third place = $1,000; honorable mention cash awards may also be made).
• Winners published by ACTEC.
• A broad range of topics in the trusts and estates and related taxation areas.
• Attractive page requirements -- the body of the paper must be 20 double-spaced pages and may not exceed 30 double-spaced pages.
• Use of original (but unpublished) papers, including papers prepared for law school credit.
• June 1, 2010 deadline which will allow for work over two semesters and spring break.
• No limit on the number of Honorable Mention Prizes allowing entrants to have a greater chance of receiving recognition and monetary awards.
• Papers may be coauthored.

The official rules may be found here.

And the Winners Are...

The results are in for the Real Property, Trust and Estate Law Section's student writing contest. Congratulations to all of this year's winners!

First-place - Shea B. Airey from the University of South Carolina - "Conservation Easements in Private Practice: A Detailed Overview of the Device and Why It Should Be Embraced by the American Lawyer"

Second-place - Jonathan Ohring from Emory Law School - "Mommy, Where's Daddy (And the Money He Left Me)? A Model for Legislatures and Courts in Determining the Neglected Inheritance Rights of Posthumously Conceived Children"

Third-place - Elliott Joh from the University of Chicago Law School - "Denominations and Denominators: Applying Lucas v. South Carolina Coastal Council to Resolve RLUIPA 'Substantial Burden on Religious Land Use' Cases"

ABA Real Property, Trust and Estate Law Journal Law Student Writing Competition

The following announcement is from the ABA's Section of Real Property, Trust and Estate Law:

The Real Property, Trust and Estate Law Section's 2009 Student Writing Contest is open to all law and LL.M students currently attending an ABA-accredited law school. It is designed to encourage and reward law student writing on real property, trust and estate law subjects of general and current interest. Complete rules as well as the entry form are available online. For more information, please contact Amanda Pauli at paulia@staff.abanet.org. The deadline for submitting essays is June 19, 2009.

The 2009 first place winner will receive $2,500 and a one year membership in the RPTE Section. The winner will also receive free round trip airfare and weekend accommodations to attend the RPTE Fall Leadership Meeting, November 19th – 22nd at the St. Regis Hotel in Dana Point, California (valued at approximately $1,000). In addition, the first place winner's essay will be considered for publication in a future issue of the Real Property, Trust and Estate Law Journal and will be announced in Probate & Property, the Section magazine. Both the second and third place winners will be announced in Probate & Property. The second place winner will receive $1,500, and the third place winner will receive $1,000.

The goal of the RPTE student writing contest is to encourage and reward law student writing on real property and trust and estate law subjects of general and current interest. As part of this effort, the Section sponsors the RPTE writing contest, which invites law school students to submit original essays on current topics in the fields. The essay contest is designed to attract students to these law specialties and to encourage scholarship in these areas.

ACTEC's Mary Moers Wenig 2009 Student Writing Competition -- It is NOT too late to enter!

The American College of Trust and Estate Counsel has officially announced the Mary Moers Wenig 2009 Student Writing Competition.

Here are some of the key features of this competition:

• Large cash prizes (first place = $5,000; second place = $3,000; third place = $1,000).
• Winners published by ACTEC.
• A broad range of topics in the trusts and estates and related taxation areas.
• Attractive page requirements -- the body of the paper must be 20 double-spaced pages and may not exceed 30 double-spaced pages.
• Use of original (but unpublished) papers, including papers prepared for law school credit.
• June 1, 2009 deadline which will allow for work over two semesters and spring break.
• No limit on the number of Honorable Mention Prizes allowing entrants to have a greater chance of receiving recognition and monetary awards.
• Papers may be coauthored.

The official rules may be found here.

National Academy of Elder Law Attorneys announces the Fourth Annual Elder Law Writing Competition

Here is some information taken from the Competition's announcement:

The National Academy of Elder Law Attorneys is pleased to present the Fourth Annual NAELA Elder Law Writing Competition offering a $1,500 cash prize for the best article submitted. The winner will be honored at a national NAELA conference in Fall 2009 and, in addition to the $1,500 cash award, will receive up to $1,000 for travel and meeting-related expenses. The second place winner receives $1,000 cash, and the third place winner receives $500 cash.

The top eight articles will be published in the NAELA Student Journal, an annual publication, and may also be considered for publication in the NAELA Journal. The top eight authors will receive a complimentary one-year student membership to NAELA.

This competition is open to all students in good standing who attend a U.S. law school. To view previous editions of the NAELA Student Journal, visit your local law library. * * *

The article should address any topic regarding legal issues affecting seniors or people with disabilities. * * *

All entries must be submitted electronically between March 1, 2009 and June 1, 2009 to mewhinka@wfu.edu.

More information is available by following this link.

ACTEC Announces Mary Moers Wenig 2009 Student Writing Competition

The American College of Trust and Estate Counsel has officially announced the Mary Moers Wenig 2009 Student Writing Competition.

Here are some of the key features of this competition:

• Large cash prizes (first place = $5,000; second place = $3,000; third place = $1,000).
• Winners published by ACTEC.
• A broad range of topics in the trusts and estates and related taxation areas.
• Attractive page requirements -- the body of the paper must be 20 double-spaced pages and may not exceed 30 double-spaced pages.
• Use of original (but unpublished) papers, including papers prepared for law school credit.
• June 1, 2009 deadline which will allow for work over two semesters and spring break.
• No limit on the number of Honorable Mention Prizes allowing entrants to have a greater chance of receiving recognition and monetary awards.
• Papers may be coauthored.

The official rules may be found here.

Reminder: Deadline for ABA Student Writing Competition Approaching

The June 20, 2008 deadline for the ABA Real Property, Probate and Trust Journal Law Student Writing Competition discussed previously on this blog is rapidly approaching.

The following is from the official ABA announcement:

The University of Miami School of Law Graduate Programs in Estate Planning and Real Property Development is sponsoring the 2008 Real Property, Trust and Estate Law (RPTE) law student writing contest. The first-place winner will receive $1,500 cash and a one-year membership in the RPTE Section (valued at $50). The winner will also receive free round-trip airfare and weekend accommodations to attend the RPTE Fall Leadership Meeting, November 5th - 9th in Montreal, Quebec Canada (valued at approximately $1,000). In addition, the winner’s essay will be considered for publication in a future issue of the Real Property, Probate and Trust Journal and announced in Probate & Property, the Section magazine.

The second-place winner will receive $700 cash and will be announced in Probate & Property. The third-place winner will receive $500 cash and an honorable mention in Probate & Property.

2008 Contest Rules and Entry Form

ABA 2008 Student Writing Contest

The following is from the official ABA announcement:

The University of Miami School of Law Graduate Programs in Estate Planning and Real Property Development is sponsoring the 2008 Real Property, Trust and Estate Law (RPTE) law student writing contest. The first-place winner will receive $1,500 cash and a one-year membership in the RPTE Section (valued at $50). The winner will also receive free round-trip airfare and weekend accommodations to attend the RPTE Fall Leadership Meeting, November 5th - 9th in Montreal, Quebec Canada (valued at approximately $1,000). In addition, the winner’s essay will be considered for publication in a future issue of the Real Property, Probate and Trust Journal and announced in Probate & Property, the Section magazine.

The second-place winner will receive $700 cash and will be announced in Probate & Property. The third-place winner will receive $500 cash and an honorable mention in Probate & Property.

2008 Contest Rules and Entry Form - Deadline June 20th, 2008.

Kaiser Writing Contest

The following is from kaiserEDU.org:

KaiserEDU.org invites undergraduate and graduate-level students in all disciplines to submit an original essay for the website's annual competition. Students are asked to submit entries by March 17, 2008 in response to the following topic:

The date is November 24th, 2008. You have just started a job as an analyst working on the President-elect's health care transition team. The director of the transition team has asked you to draft a memo to flesh out the health priorities for the new Administration on a major health policy issue. Select an issue area and a candidate (from the list below) and identify the major policies or strategies that the Administration could develop to advance this issue. Make sure to include evidence and analysis to support your recommendations. Your priorities and strategies should be consistent with the proposals forwarded by the candidates in the campaign. You should also address the challenges in implementing your recommendations, such as budgetary and political considerations, delivery system issues, and how different stakeholders and constituencies would perceive the proposals. Your memo should not exceed 800 words. * * *

The following prizes will be awarded to the top undergraduate and graduate student entries:

• First Prize: $1,000
• Second Prize:  $500

Complete information is available here.