The right of owners of servient estates to relocate easements unilaterally

Article Abstract:

The majority view disallowing unilateral relocation of an easement by the owner of the servient estate is preferable to the minority view that has been adopted by the drafters of the Restatement (Third) of Property (Servitudes). The servient owner can only move the easement under the minority view if the value of the dominant estate is not substantially diminished. The majority view should be preferred because it promotes bargaining between the parties at lower transaction costs and promotes awareness of shared interests among property owners.

Economic aspects, Easements, Real estate, Real property, states

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Physician-assisted suicide and the right to die with assistance

Article Abstract:

The right to die should be extended to include physician-assisted suicide. The right to die with assistance is similar to the right to refuse treatment as an expression of the patient's right to self-determination. Courts should balance patient interests with those of the state, including interests in preservation of life, protection of third-party interests and protection of medical ethics, in determining which cases of physician-assisted suicide are permissible.

Physicians, Medical professions, Suicide, Right to die

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Federal estate tax and the right of publicity: taxing estates for celebrity value

Article Abstract:

Personalities who face estate tax burdens for their right of publicity should be allowed to restrict or eliminate the value of the right of publicity. Otherwise tax considerations may mandate exploitation of the right of publicity in spite of the personality's wishes. The case of Estate of Andrews v. United States has established that the right of publicity is an asset subject to federal estate taxes, but the appropriate method of valuation is unclear.

Cases, Publicity (Law), Right of publicity, Estate tax, Estate taxes, Case Note

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