Suchergebnisse

A Rhodesia Journal of Economics paper presented by a Rhodesia Finance Minister on the need for rural development in Rhodesia (now Zimbabwe). Originally given as an address to the annual dinner conference of the Institute of Directors, Bulawayo, October 11, 1968. ; My subject is "The Tribal Trust Lands: Their Need for Development". Many people may wonder why the need for developing the Tribal Trust Lands is receiving such emphasis today; and they may well conclude that this much talked of development is a new concept. It is not. However, this development is now being approached with perhaps a little more co-ordination, vigour and purpose than in the past. Although the need for developing the Tribal Trust Lands I feel sure is obvious to all, it may be advantageous to set out the three main objectives that Government has in mind in promoting this development. These are, firstly, to provide land for settlement to cope with the increasing demand for land by tribesmen and to provide a livelihood for a growing African population which cannot be absorbed in industry and elsewhere; secondly, to provide employment on Tribal Trust Land for those who are without land or who have to supplement their agricultural earnings in order to subsist in times of drought or crop failure, and finally to assist, by means of settlement, in the control and eradication of tsetse fly thereby opening up production and at the same time protecting areas which are being farmed properly.

The proposals offered in this Note are meant to suggest that are turn to some form of the flexible, well understood charitable remainder trust of pre-1969 days would prove most satisfactory to the needs of donors, charities, and attorneys. With modifications similar to those recommended above, the familiar concept of traditional income and remainder interests could be reinstated, with its weaknesses eliminated. If reversion to an improved form of the old law is deemed unacceptable,it nevertheless appears that a revision of the tripartite structure of the 1969 Act is mandatory. The complexity and lack of flexibility inherent in the new requirements, together with the several instances in which the desired correlation between deduction and actual remainder value has not been attained, illustrate the necessity for technical improvements in the statute. The effectiveness of any legislation that contains the potential for restricting charitable contributions and thereby making the support of charitable organizations a governmental, rather than a private,function must be reappraised constantly. For these reasons, it is hoped that relief from the mechanical strictures governing charitable remainder trusts under the Tax Reform Act of 1969 soon will be forthcoming.

This Comment first examines the historical origins of section 6.32.250 of the Washington Revised Code, the Washington statute which greatly restricts the involuntary alienation of a beneficial trust interest. It then documents the problems that this statute has created for Washington courts. Finally, it concludes that section 6.32.250 has created needless confusion and recommends that the Washington legislature either repeal or revise the statute.

If the foreign trust is not a grantor trust under the Grantor Trust Provisions (sections 671-679), then the new Act creates several new disparities in the tax treatment between it and a corresponding domestic accumulation trust. Domestic accumulation trusts are no longer subjected to a capital gains throw back, while capital gains of foreign trusts are included in DNI, subject to throw back, and then taxed as ordinary income to the beneficiary because of the abolition of the character rules upon accumulation distribution. Foreign trusts are subjected to throw back of accumulation distributions even though the accumulation was during the beneficiary's minority or prior to his birth; domestic trusts are excepted from such throw back. Finally, foreign accumulation trusts are affirmatively penalized by the six percent interest charge on accumulation. Thus, in its fervor to end the tax avoidance possibilities of foreign accumulation trusts, Congress may have overreacted, producing an unjustifiable inequity against those persons who, for non-tax reasons, need a foreign trust in their estate plan. The result, then, of the TRA '76 seems to be an improvement in the administration of the income taxation of domestic trusts and, to a lesser extent, foreign trusts. Further, the clear accumulation advantage of the foreign trust has been removed, and the tables have now turned so as to possibly produce an inequitable favoring of domestic trusts. If such an inequity actually results from the new Act, the congressional solution has just become a new problem.

The articles in this Symposium illustrate three different aspects of change. The essay by Professor Fellows provides an analysis and criticism of one very important change, the trend toward the use of a legislative rather than judicial forum to create new law. In the second article, Professor Rein discusses adoption and proposes a mechanism by which the laws of succession can be modernized better to reflect the social phenomenon of adoption,whether of children or adults, legal or equitable. Professor Miller and Mr. Rainey in their article examine the premises that have prompted the increasing use of a revocable trust rather than a will as the principal dispositive instrument in an estate plan to determine if the federal tax consequences are as benign as many estate planners believe.These articles begin to give shape to the winds of change in wills, trusts, and estate planning law. Whether cautioning about the consequences of change or arguing for more change, these articles provide a useful departure point for thinking about the future of this area of law.

The Virginia General Assembly continued its increased legislative activity in the area of wills, trusts, and estates during the past year by passing three major acts: Exempt Property and Allowances; Acts Barring Property Rights; and the Virginia Small Estate Act. In addition to these major bills, seven additional acts enacted by the General Assembly and four cases decided by the Supreme Court of Virginia involved issues important to both the general practitioner and the specialist in wills and trusts. This article reviews these legislative and judicial developments, with emphasis on the three most important legislative enactments.

The basic objectives of Washington real property law and of the Deed of Trust Act can be achieved only through a systematic approach to court actions contesting the nonjudicial foreclosure of deeds of trust. This Comment proposes judicial interpretations and legislative amendments designed to maintain the efficiency of the nonjudicial foreclosure process while enhancing both the fairness of the process and the stability of the land title system.

Catherine May describes the need for stringent ethics codes for the House in light of Adam Clayton Powell's egregious offenses.

This comment examines the impact of United States Trust on traditional contract clause doctrines and policies. After an initial discussion of the factual and legal background, a historical survey will show the decision employs a new approach to contract clause analysis. Next, this comment will analyze the Court's new approach, especially the Court's treatment of impairments when a state is a contractual party, its willingness to make policy judgments formerly left to legislative discretion, and the decision's probable effect on any future municipal debt crises. Finally, in accord with Justice Brennan's dissent in United States Trust, this comment will conclude that the Court's former approach to contract clause issues was superior because the Court recognized the need for broad state powers to regulate governmental obligations.

In the western Pacific Ocean north of the equator, the far-flung islands of Micronesia extend across an area as large as that of the United States. Most of this area is administered by the United States as a trusteeship granted by the United Nations after World War II. Having been governed in turn by three other world powers— Spain, Germany, and Japan— the 91,000 Micronesian inhabitants are now at last in the process of working out their own political future. This book, a thorough, scholarly study of the development of the legislative process in the Trust Territory, focuses on the Congress of Micronesia, the legislature destined to carry the burden of the political development in the Territory. It examines institution-building over a period of two decades, describing how American forms and processes have been modified to fit the indigenous cultures of Micronesia, and how these cultures have accommodated to them. It also treats the impact of institutional change upon the role of indigenous leadership, highlighting the emergence of Micronesian leaders most capable of participating in the new political system. Here are detailed the day by day negotiations to set up a district legislature between the spokesmen for aboriginal Yap (of stone money fame) and the chiefs of the island empire which once paid it tribute. Here is described what happens when the U.S. Supreme Court's "one man, one vote" formula is applied to people yet learning how to vote. The United States today has no defined policy for the eventual status of her Pacific island possessions. The future of Guam and American Samoa remains unclear. But the legislators of the Trust Territory have acted for the people they represent. Their adopted legislative institution will be central in determining whether or not the Trust Territory will become fully self-governing and independent.

"B-154394." ; Publication date stamped on cover. ; Cover title. ; Mode of access: Internet.

Considers S. 1423, H.R. 77. ; Reuse of record except for individual research requires license from Congressional Information Service, Inc. ; "Jan. 1974." ; CIS Microfiche Accession Numbers: CIS 74 S542-3 ; CIS Index 1974. ; Considers S. 1423, H.R. 77. ; Microfiche. ; Mode of access: Internet.

Recently, plaintiffs have relied upon the federal-Indian trust relationship more often to provide a legal basis for holding the federal government liable in money damages for breach of its trust duties. In United States v. Mitchell (Mitchell II) the Supreme Court affirmed a Court of Claims decision holding the United States accountable in money damages for breach of fiduciary duties in its management of forest resources on allotted lands of the Quinault Reservation. Although it had rejected a similar claim by the same plaintiffs based on the General Allotment Act, the Court found that timber management statutes and regulations created governmental duties that implicitly required compensation for breach. This Note will examine the elements of a money damages claim against the government for breach of trust in light of Mitchell II. It will first explore the grounds on which Indian plaintiffs may rely to establish fiduciary duties owed them by the government. It will then evaluate the Court's analogy to the common law of trusts to find that the government is liable in money damages for a breach of these duties.

Reuse of record except for individual research requires license from Congressional Information Service, Inc. ; "Serial 96-97." ; CIS Microfiche Accession Numbers: CIS 80 H781-67 ; Includes bibliographical references. ; Microfiche. ; Mode of access: Internet.

Considers (91) S. 1369, (91) S. 1370. ; Considers S. 1369 and S. 1370, to amend the Labor-Management Relations Act of 1947 to allow construction industry employers to contribute to a trust fund for a joint industry promotional program of products. ; Record is based on bibliographic data in CIS US Congressional Committee Hearings Index. Reuse except for individual research requires license from Congressional Information Service, Inc. ; Indexed in CIS US Congressional Committee Hearings Index Part VIII ; Considers (91) S. 1369, (91) S. 1370. ; Considers S. 1369 and S. 1370, to amend the Labor-Management Relations Act of 1947 to allow construction industry employers to contribute to a trust fund for a joint industry promotional program of products. ; Mode of access: Internet.