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Fla. L. Rev. News

Fla. L. Rev. Forum

Alexander A. Boni-Saenz
Baselines in Trust Term Extension
Response to Reid Kress Weisbord, Trust Term Extension

Professor Reid Kress Weisbord’s article insightfully identifies what may be the next battleground in the rancorous war over the Rule Against Perpetuities: trust term extension. Seeking to take advantage of the abolition of the Rule in many states, trustees of irrevocable trusts settled before such a change in law might petition the court to extend the term of the trusts they administer, perhaps indefinitely. Professor Weisbord is rightly skeptical of this move, and he recommends a simple but elegant solution: prohibiting the use of modification doctrines to add beneficiaries not identified in the original trust document. Read More. 

Fla. L. Rev. Forum

Mark Fenster
Regulating in the Post-Koontz World
Response to Sean Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government

Professor Nolon’s consequential focus in his article is the source of its strength, even though his predictive claims are difficult to assess because they are inherently speculative. The one thing we can know for sure is that neither the Court nor advocates on either side of the issue can predict with certainty what will happen—indeed, given the incredibly, wonderfully variable nature of local governments as sub-sub-national regulatory entities, we can only say with certainty that Koontz’s consequences will be complex, often unanticipated, and, literally, all over the map. Read More.

Environmental Law

Florida Constitutional Law