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Spendthrift Trusts and Public Policy: Economic and Cognitive Perspectives

In Part I, I shall explore restraints against voluntary alienation: that is, restrictions on a beneficiary’s right to terminate the arrangement-to take the money and run. In Part II, I shall proceed to restraints against involuntary alienation: that is, restrictions on creditors’ rights to reach the trust corpus in order to satisfy their claims. Finally, in Part III, I take up the refinement of spendthrift trust doctrine: assuming the expediency…
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Daniel J. Bussel
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The Fallacy of Full Compensation

Jeffrey Standen
Parts II and III discuss the practical problem with prohibitory remedies, that they are in fact inadequate to the tasks the critics have posited for them. Parts IV and V present the normative justification for a remedial system that relegates prohibitory remedies, and thus full compensation, to a secondary role.
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ERISA Preemption of “Any Willing Provider” Laws—An Essential Step Toward National Health Care Reform

Gary A. Francesconi