Now showing items 1-20 of 21

    • 120 hours until the consistent treatment of simultaneous death under the California probate code 

      Victoria J. Haneman & Jennifer M. Booth, 120 Hours Until the Consistent Treatment of Simultaneous Death Under the California Probate Code, 34 Nova L. Rev. 449 (2010).
      The issue of simultaneous death arises when there is insufficient evidence that two individuals died other than simultaneously. In the case of closely proximate deaths, devolution of the estate depends upon the order of ...
    • Bridging the justice gap with a (purposeful) restructuring of small claims court 

      Victoria J. Haneman, Bridging the Justice Gap with a (Purposeful) Restructuring of Small Claims Court, 39 W. New Eng. L. Rev. 457 (2017).
      Legal services are so expensive that low- and middle-income individuals with access to technology and some education will frequently try to navigate the court system on their own. Accepting (as some of us have) that neither ...
    • Changing the estate planning malpractice landscape: Applying the constructive trust to cure testamentary mistake 

      Victoria J. Haneman, Changing the Estate Planning Malpractice Landscape: Applying the Constructive Trust to Cure Testamentary Mistake, 80 UMKC L. Rev. 91 (2011).
      A statistical compilation of malpractice claims released by the American Bar Association in 2008 demonstrates that estate planning cases constitute almost 10% of all actions filed. An estate planning client is uniquely ...
    • Collision of student loan debt and joint marital taxation 

      Victoria J. Haneman, The Collision of Student Loan Debt and Joint Marital Taxation, 35 Va. Tax. Rev. 223 (2016).
      Students presently graduating from college represent perhaps the most indebted generation of young adults in the history of the United States, which may be attributed to the fact that interest-bearing debt plays a primary ...
    • Contemplating homeownership tax subsidies and structural racism 

      Victoria J. Haneman, Contemplating Homeownership Tax Subsidies and Structural Racism, 54 Wake Forest L. Rev. 363 (2019).
      An insidious form of racism is facilitated by those who are heedless of structural inequities — or in this instance, the fact that legal structures have been developed to protect the experiences of those who are white, ...
    • Death and mushroom suits with Professor Victoria Hanema‪n‬ 

      Money and the Mind, Death and Mushroom Suits with Professor Victoria Hanema‪n‬ (Jan. 18, 2021) (podcast of interview with Victoria Haneman), https://podcasts.apple.com/us/podcast/ep34-death-mushroom-suits-professor-victoria-haneman/id1490906855?i=1000505703778.
      Professor Victoria Haneman joins Andy and Aaron to discuss funerals and the death care industry.
    • The disruptive potential of blockchain in the law of wills 

      Victoria J. Haneman, The Disruptive Potential of Blockchain in the Law of Wills, JOTWELL, Dec. 3, 2020, at https://trustest.jotwell.com/the-disruptive-potential-of-blockchain-in-the-law-of-wills/.
    • Ethical exploitation of the unrepresented consumer 

      Victoria J. Haneman, The Ethical Exploitation of the Unrepresented Consumer, 73 Mo. L. Rev. 707 (2008).
      This Article examines civil actions brought by attorney-represented debt buyers against unrepresented consumers, to collect debts against which the statute of limitations has already run. If the consumer were represented, ...
    • Everybody dies. Or, a consideration of simultaneous death statutes and the struggles of the self-represented 

      Victoria J. Haneman, Everybody Dies. Or, A Consideration of Simultaneous Death Statutes and the Struggles of the Self-Represented, 32 Notre Dame J. L. Ethics & Pub. Pol'y 221 (2018).
      The access to justice problem has been the cause célèbre of the social justice movement in the United States for many years, with calls for the legal community to support legal services programs and contribute pro bono ...
    • Funeral poverty 

      Victoria J. Haneman, Funeral Poverty, 55 U. RICH. L. REV. 387 (2021).
      Death is an expensive proposition. The economics of life do not end with death, and putting the deceased to rest carries (often-unexpected) funerary expenses for cremations, funerals, burials, and/or memorials. In 2019, ...
    • Government wants to pay for every COVID funeral. Experts worry the process Is flawed 

      PBS News Hour, The Government Wants to Pay for Every COVID Funeral. Experts Worry the Process Is Flawed (May 5, 2021) (Victoria Haneman was one of the individuals providing commentary), https://www.pbs.org/newshour/show/why-experts-think-the-covid-19-death-benefit-is-deeply-flawed-and-bungled-by-red-tape.
      "In the past few weeks, a new and large form of COVID-19 relief has opened in the U.S., with the federal government offering to pay for all or most of every funeral of those lost to the disease. Lisa Desjardins reports on ...
    • The high cost of dying 

      1A, The High Cost of Dying (Apr. 8, 2021) (podcast of interview with Victoria Haneman), https://the1a.org/segments/funeral-costs-fema-covid/.
      An interview on public radio about the high cost of funerals and burials and the federal government's plan to assist the families of Americans who died of COVID-19
    • Inappropriate imposition of court-ordered mediation in will contests 

      Victoria J. Haneman, The Inappropriate Imposition of Court-Ordered Mediation in Will Contests, 59 Clev. St. L. Rev. 513 (2011).
      Following the successful implementation of court-ordered mediation programs in divorce and family law cases, similar programs are being adopted to mandate the use of mediation in other areas of litigation. Complex emotional ...
    • Incorporation of outcome-based learning approaches into the design of (incentive) trusts 

      Victoria Haneman, Incorporation of Outcome-Based Learning Approaches into the Design of (Incentive) Trusts, 61 S.D. L. Rev. 404 (2016).
      This Essay is based on a panel discussion at Asset Protection and Trust Innovations: South Dakota’s Role in Paving the Way for Innovations Nationwide, organized by University of South Dakota School of Law. The largest ...
    • Intergenerational equity, student loan debt, and taxing rich dead people 

      Victoria J. Haneman, Intergenerational Equity, Student Loan Debt, and Taxing Rich Dead People, 39 Va. Tax Rev. 197 (2019).
      Once upon a time, there was a generation of indentured servants called Millennials. They were beautiful and mysterious and clever and feckless, in the way that all young people can sometimes be. The Millennials had dreams ...
    • Making tax law 

      Daniel M. Berman & Victoria J. Haneman, Making Tax Law (2014).
      This book explores the process of making U.S. tax law and examines the ways in which considerations of tax policy, tax politics, and tax administration intersect and contribute to the development of law through the legislative ...
    • Marriage, millennials, and massive student loan debt 

      Victoria J. Haneman, Marriage, Millennials, and Massive Student Loan Debt, 2 Concordia L. Rev. 103 (2017).
      Dating apps, contraception, abortion, medical advances that allow the delay of childbearing, changes in female pay, and crippling student loan debt are all factors that may weigh upon the Millennial trend of cohabitation ...
    • Of grading rubrics and formative assessment 

      Victoria J. Haneman, Of Grading Rubrics and Formative Assessment, in LAWYERING SKILLS IN THE DOCTRINAL CLASSROOM: USING LEGAL WRITING PEDAGOGY TO ENHANCE TEACHING ACROSS THE LAW SCHOOL CURRICULUM 309 (Tammy Pettinato Oltz ed. 2021).
      No one reasonably expects that every class that you teach will be an award-worthy, primal act of creation. Indeed, there is the comfort of a home-cooked meal in traditional methods of law teaching because they remind us ...
    • (Re)framing student loan debt as a commons 

      Victoria J. Haneman, (Re)Framing Student Loan Debt as a Commons, 84 LAW & CONTEMP. PROBS. 153 (2021).
      Outstanding student loan indebtedness in the United States exceeds $1.67 trillion and it is projected to exceed $2 trillion by 2021 or 2022 (varying by source). The United States has decided that broad access to higher ...
    • Retrenchment, temporary-effect legislation, and the home mortgage interest deduction 

      Victoria J. Haneman, Retrenchment, Temporary-Effect Legislation, and the Home Mortgage Interest Deduction, 71 Okla. L. Rev. 347 (2019).
      There are several sacred cows in the Internal Revenue Code, but perhaps none quite as sacrosanct as the home mortgage interest deduction. U.S. Treasury Secretary Steve Mnuchin has characterized the mortgage interest deduction ...