Eric Rakowski

Judge rejects nearly $30,000 attorney fee to disabled man’s trust

Eric Rakowski quoted in San Jose Mercury News, July 31, 2012

Bondonno’s rulings awarding Desmarais six-figures in the Reed case are questioned by some legal scholars. “It seems crazy on the face of it,” said UC Berkeley law professor Eric Rakowski, who specializes in trusts and estates, and called the award “absurd.” “It’s completely unreasonable for a (trustee) to spend more money defending a fee request than the amount of the fee itself,” Rakowski said.

Eric Rakowski Says ‘Crowd-Funding’ Web Donations May Be Taxable

East Bay Express, February 9, 2011 by Luke Tsai

Rakowski said that if the donor is motivated by what the Supreme Court has termed “disinterested generosity,” then the money can simply be treated as a gift and isn’t subject to taxation. But if some tangible perk is given in exchange for the contribution, then that transaction can no longer be viewed as a pure “donation,” per se, from a tax standpoint.

Eric Rakowski Believes Do-It-Yourself Wills are Fine in Straightforward Cases

Los Angeles Times, July 14, 2009 by David Colker,0,266613.story

“Let’s say you are happily married, 30 years old, and have two kids, and all you want to do is leave everything to your spouse, and if he or she goes first, then to the kids,” said Eric Rakowski, a UC Berkeley law professor who teaches wills and trusts. “Then it would probably be OK to use forms. But there are risks.”

Eric Rakowski Criticizes Daily Cal Editorial on Professor Yoo

The Daily Californian, May 26, 2009 by Eric Rakowski

The Daily Cal’s editors seem to be recommending a prolonged leave with pay for Professor Yoo…. But how could the campus justify spending hundreds of thousands of dollars in this way, especially in lean times? Professor Yoo’s teaching and service have always been above reproach. His advanced civil procedure course for fall 2009 is currently oversubscribed, with 123 students enrolled and more on the wait list. It is doubtful that the Law School could find an equally able instructor to replace him this late in the planning cycle, and hiring a visitor, even if possible, would be quite costly.

Robert Cole and Eric Rakowski Discuss Tenets of Faculty Code of Conduct

The Daily Californian, April 22, 2009 by Alexandra Wilcox

“These news stories underline what has long been the case—that the university has some obligations to conduct a thorough professional analysis on how its code of conduct applies to off-campus conduct by a faculty member at a professional schoolֽ” said Robert H. Cole.

Rakowski said pursuing disciplinary action for professors’ off-campus conduct is extremely rare. “It’s a real stretch,” he said. “It’s going to be a difficult question whether the faculty code of conduct applies to this, if the accusations are true.”