Annual Creighton Law Review Symposium and TePoel Lecture

Annual Creighton Law Review Symposium and TePoel Lecture
Friday, February 21, 2020 - 8:15am - 5:00pm

The 21st Century Trust: Evolution, Innovation, Adaptation

The Creighton University School of Law, Creighton Law Review, and Koley Jessen present the annual Creighton Law Review Symposium and TePoel Lecture. This year, the Symposium is titled, “The 21st Century Trust: Evolution, Innovation, Adaptation.” Creighton Law Review will gather together a full complement of experts in their respective areas to consider the greatest and most significant jurisprudential achievement in history: the modern trust.

Trust law facilitates concurrent ownership of property, with a legal owner (the trustee) managing property on behalf of an equitable owner (the beneficiary). And while the Anglo-American legal tradition characterizes trust law as gratuitous in nature, likely due to the origination of the trust as a legal device for intra-family wealth transfer during the Middle Ages, it has been estimated that the vast majority of wealth held in trust in the United States has been placed there for business or commercial purposes. The Symposium is an annual event, and this year’s topic is intended to bring together practitioners, academics, and students for conversations about the flexibility of the modern trust and its use in estate planning, the many legal issues relating to trusteeship, and the less considered contemporary use of trusts in business, commercial, and public finance transactions.

The Creighton University School of Law, Creighton Law Review, and Koley Jessen are hosting more than a dozen engaging, dynamic speakers for this year’s Symposium.  The TePoel lecture will be delivered by Steven L. Schwarcz, the Stanley A. Star Professor of Law & Business at Duke University School of Law.  This is a wonderful opportunity to network and receive continuing legal education (CLE) credit at a Symposium covering a broad range of interesting, contemporary legal topics interconnected by the common thread of trust law.

Designed For

Lawyers, community members, students

Provided By

Koley Jessen
Creighton University School of Law
Creighton University Office of Continuing Education


8:15 a.m.
Registration and Check-in

8:45 a.m.

Joshua P. Fershée, JD, Dean, Creighton University School of Law

9:00 a.m.
Session 1: Foundational Issues

Can Housing Trusts Fill the Affordable Housing Gap?
Marc Roark
Associate Professor and Senior Fellow in the Indian Law and Policy Institute,
Southern University Law Center

Christian Purpose Trusts
Tom Simmons
Professor of Law, University of South Dakota School of Law

Cognitive Competence and Decision-making Capacity
Julie Blaskewicz Boron
Associate Professor, CAPACITY Lab
Leo Missinne Professor of Gerontology, University of Nebraska-Omaha

Moderator: Catherine Brooks
Professor of Law and Faculty President, Creighton University

10:20 a.m.

10:35 a.m.
Session 2: Wealth Management

Tricks and Traps for Trusts Holding Pass-Through Entities
Steve Gorin
Partner, Thompson Coburn LLP

Trust Decanting and the Future of Trust Modification
Alexander Wolf
President and Shareholder, Koley Jessen Law Firm

Anthony DeLuca
Senior Associate, Koley Jessen Law Firm

Choosing an Estate Planning Entity: Trust or Family Limited Partnership
Elaine Gagliardi
Professor of Law, Alexander Blewett III School of Law, University of Montana

Moderator: Tiffany Graham
Associate Dean, Senior Lecturer, University of South Dakota

12:10 p.m.
Lunch on your own

1:15 p.m.
TePoel Lecture: Bond Trustees, and the Rising Challenge of Activist Investors

Steven Schwarcz
Stanley A. Star Professor of Law and Business, Duke University

2:15 p.m.

2:30 p.m.
Session 3: Asset Protection

Policing Mutual Funds
Goldburn Maynard
Associate Professor, University of Louisville Brandeis School of Law

Rethinking Disposition of Trusts at Certain Ages: Approaches to Trust Design with an Asset Protection Focus
Mary Vandenack
Founding and Managing Member, Vandenack Weaver LLC

Moderator: Maybell Romero
Assistant Professor of Law, Northern Illinois University

3:30 p.m.

3:40 p.m.
Session 4: Unpopular Conversations

Trusts and Professional Ethics: Uneasy Bedfellows?
Carla Spivack
Director, Certificate Program in Estate Planning
Oxford Research Professor, Oklahoma City University School of Law

Against Deaccessioning Rules
Brian Frye
Spears-Gilbert Associate Professor of Law, University of Kentucky College of Law

Green Burial, Funeral Poverty and Tax Incentives
Victoria Haneman
Frank J. Kellegher Professor of Trusts and Estates, Creighton University

Moderator: Kendra Fershée
Professor of Law, Creighton University

5 p.m.
Closing Remarks, Evaluation and Adjournment

Maggie L. Brokaw, Editor in Chief, Creighton Law Review

TePoel Lecture Series

The TePoel Lecture Series is named in honor of Dean Louis TePoel, teacher, scholar, and academic administrator, who served on the Creighton Law School Faculty from 1907 to 1947 and as Dean from 1920 to 1947. Inaugurated in 1975 with a lecture given by Professor Harold J. Berman of the Harvard Law School, the series has featured many legal scholars of national and international reputation. The Law School takes great pride in the TePoel Lecture Series. It is a primary means by which Creighton continues to provide its students and the Omaha community with the best in legal education.

Education Credit

This program has been approved for 6.25 hours of CLE credit in both Nebraska and Iowa.

Creighton University, Mike and Josie Harper Center, Hixson-Lied Auditorium
602 North 20th Street
Omaha, NE 68102
United States