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Article on The Slayer Rule

ImagesNili Cohen (Professor, Tel-Aviv University) recently published her article entitled The Slayer Rule, 92 B.U. L. Rev. 793 (2012).  The opening paragraph of the article is below: 

The slayer rule is the subject of the detailed and thoughtful section 45 of the Restatement (Third) of Restitution and Unjust Enrichment, which states, “A slayer’s acquisition, enlargement, or accelerated possession of an interest in property as a result of the victim’s death constitutes unjust enrichment that the slayer will not be allowed to retain.” The slayer rule is no stranger to the Restatement project. It is covered also by section 8 of the Restatement (Third) of Property: Wills and Other Donative Transfers, with some differences.  This now universal principle has stirred a lively legal discussion. The still vivid discussion currently is focused not on the very recognition of the principle, but rather on its scope, and it revolves around several partially overlapping tensions: law and morality; text and context; rules and standards; public and private; civil and criminal liability; courts and legislators.