Using a legal framework, doctrinal analysis, critical legal analysis, and fundamental legal research and drawing upon legislation, case law, judicial, and scholarly commentary, this article defines the fiduciary duties of Canadian university governing boards given the unique features of the university as a legal entity. The legal analysis…

The "Individuals with Disabilities Education Act" (IDEA) 2004 and its implementing regulations of 2006 contain provisions for the transfer of rights of students with disabilities upon reaching the age of majority. (20 USC §1415(m); 34 CFR §300.520). Virginia regulations governing special education further detail these requirements at 8…

The transition from school to adulthood is a pivotal time in the lives of all students. For a student with Autism Spectrum Disorder (ASD), change of any kind can be challenging, and a transition as momentous as this can seem especially daunting. Thoughtful planning, sound information, and open communication will help parents support young adults…

A growing number of families are sandwiched between the long-term care needs of parents and grandparents, on the one hand, and the healthcare, income, housing, and other needs of children with disabilities on the other. As the parents of a child with disabilities age, they need to develop a plan to meet the caregiving needs of their child when…

Estate planners counseling families who have children with disabilities are increasingly confronted with planning dilemmas that mirror the social, financial, and societal issues presented by an aging population. It is not uncommon when discussing "special needs" planning with clients to discover that they are in their 70s or 80s and…

This article reports that as many as five colleges or charitable foundations whose endowments have suffered significant investment losses or were unable to access money in their accounts in recent months are considering legal action against their brokers or investment managers, alleging misrepresentation of risk or mismanagement. Jacob H.…

Intended for parents of disabled children, the handbook addresses issues of estate planning and other legal matters concerning the child's future. An initial section on guardianship covers such aspects as how to obtain guardianship, duties, and alternatives to guardianships. Wills and trusts are examined in separate chapters which include…

The background and development of the Securities and Exchange Commission's "ectoplastic" theory are discussed and as a case study provides a detailed analysis of its application to pooled income fund trusts maintained by charitable and educational institutions. Implications for the qualified pooled pension plan are also discussed. (Author/LBH)

A Memphis-based attorney was asked for advice on the ethics of planned giving. The bottom line is that the donor's interests come first. (MLW)

This article serves as an introduction to a symposium on the Employee Retirement Income Security Act of 1974 and its labor law considerations. Commentary is offered on reporting and disclosure, fiduciary responsibilities, vesting, funding, and miscellaneous provisions. (LBH)

Consideration of errors and omissions insurance under ERISA demands a brief review of pre-ERISA trustee liability insurance law in this symposium report for historical and practical perspective. Specific problems are discussed, and it is concluded that the purchase of insurance should not lull a fiduciary into a false sense of security.…

Seeks to clarify the concept of fiduciary responsibility in higher education. Explores who possesses fiduciary responsibility; whether it is the domain of policy makers or extends to faculty, faculty unions, and students leaders; whether it applies to only certain or to all administrators; and what the demarcation line is between duty,…

The handbook details legal options in providing for decisionmaking regarding mentally retarded persons. Defined are trusts and representative payee situations. Considered in detail are aspects of guardianship and conservatorship, including legal standards, effects on daily livinq, financial issues, and liability. A final section provides technical…

Recently, colleges and universities have come face to face with the fact that the nonprofit world is engulfed in turmoil and dealing with a decline in public trust. Both the government and the public have soured toward nonprofits, and higher education is not exempt from this crisis of confidence. This article suggests that colleges and…

Many people think of gifts to colleges and universities in pleasant terms, but sometimes things go wrong. When a donor's children sued Princeton University in 2002, development officers, college presidents, and trustees took note. Whoever is right and whoever prevails, the lawsuit illustrates that the feel-good images associated with major gifts…