Thomas Simmons

University of South Dakota Law School

Assistant Professor

414 E. Clark Street

Vermillion, SD 57069

United States

http://www.usd.edu/faculty-and-staff/Tom-E-Simmons

SCHOLARLY PAPERS

19

DOWNLOADS

555

CITATIONS

2

Scholarly Papers (19)

1.

Testamentary Incapacity, Undue Influence and Insane Delusions

South Dakota Law Review, Vol. 60, No. 2, 2015
Number of pages: 58 Posted: 25 Jan 2016
Thomas Simmons
University of South Dakota Law School
Downloads 127 (210,591)

Abstract:

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Wills, Incapacity, Undue Influence, Insane Delusions, Inheritance, Will Challenges

2.

Deploying the Common Law to Quasi-Marxist Property on Mars

Gonzaga Law Review, Vol. 51, No. 1, 2015/16
Number of pages: 54 Posted: 21 Mar 2016
Thomas Simmons
University of South Dakota Law School
Downloads 107 (238,813)

Abstract:

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Outer Space Treaty, Common Law, Property

3.

Wills Above Ground

Elder Law Journal, Vol. 23, No. 2, 2016
Number of pages: 28 Posted: 21 Mar 2016
Thomas Simmons
University of South Dakota Law School
Downloads 81 (285,934)

Abstract:

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Wills, Empirical Research, Inheritance

4.

A Chinese Inheritance

Quinnipiac Probate Law Journal, Vol. 30, No. 1, 2017
Number of pages: 25 Posted: 06 Apr 2017
Thomas Simmons
University of South Dakota Law School
Downloads 78 (292,386)

Abstract:

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Intestacy, Comparative Law, China, Succession, Conduct-based

5.

What Zombies Can Teach Law Students: Popular Text Inclusion in Law and Literature

66 Mercer Law Review 729 (2015)
Number of pages: 48 Posted: 28 Jul 2015
Thomas Simmons
University of South Dakota Law School
Downloads 56 (348,245)

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Law and Literature, Popular Culture, Zombie Law, Teaching Methodologies

6.

Medicaid as Coverture

Hastings Women's Law Journal, Vol. 26, p. 275, 2015
Number of pages: 45 Posted: 28 Jul 2015
Thomas Simmons
University of South Dakota Law School
Downloads 25 (466,108)

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Medicaid, Feminism, Legal History, Long Term Care, Asset Protection

7.

Highways, Hunters, and Section Lines: Tensions between Public Access and Private Rights

2 Great Plains Natural Resources Journal 240 (1997)
Number of pages: 26 Posted: 17 Apr 2016
Thomas Simmons
University of South Dakota Law School
Downloads 21 (487,733)
Citation 1

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Property Law, Public Access, Easements, Section Lines, Hunting

8.

The Intersection of Agency Doctrine and Elder Law: Attorney-in-Fact Authority to Arbitrate Nursing Home Claims

49 John Marshall Law Review 39 (2015)
Number of pages: 28 Posted: 05 Jun 2016
Thomas Simmons
University of South Dakota Law School
Downloads 11 (542,940)

Abstract:

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Agency, Arbitration, Powers of Attorney, Elder Law, Nursing Homes

9.

The ADA Prima Facie Plaintiff: A Critical Overview of Eighth Circuit Case Law

Drake Law Review, Vol. 47, No. 2, 1999
Number of pages: 72 Posted: 18 Apr 2016
Thomas Simmons
University of South Dakota Law School
Downloads 10 (548,523)

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Discrimination, Disability, Employment, Accommodations, Public Entities, Disparate Impact

10.

Prequel to Homestead

South Dakota Law Review, Vol. 62, No. 2, 2017
Number of pages: 65 Posted: 29 Nov 2017
Thomas Simmons
University of South Dakota Law School
Downloads 8 (559,480)

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Homestead, Property, Exemption, Debtor-Creditor, Asset Protection, Economics, Policy

11.

Actuarial Soundness, the Meaning of ‘Commensurate,’ and A ‘Sniff Test’

13 NAELA Journal 167 (2017)
Number of pages: 20 Posted: 15 Nov 2017
Thomas Simmons
University of South Dakota Law School
Downloads 6 (570,300)

Abstract:

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Elder Law, Medicaid, Resources, Annuities

12.

A Brief Survey of Selected South Dakota Supreme Court Cases Decided in 1997

South Dakota Law Review, Vol. 43, No. 2, 1997
Number of pages: 17 Posted: 17 Apr 2016
Thomas Simmons
University of South Dakota Law School
Downloads 6 (570,300)

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South Dakota, Caselaw, Attorneys, Arbitration, Contracts, Electricity, School Law, Tax, Wills

13.

How Medication Affects the Existence of an ADA Disability

16 South Dakota Report 6 (2000)
Number of pages: 2 Posted: 17 Apr 2016
Thomas Simmons
University of South Dakota Law School
Downloads 5 (575,830)

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ADA, Rights of Individuals with Disabilities, Definition of Disability, Mitigation

14.

South Dakota's Disability Discrimination Laws: Limits and Vantages

South Dakota Law Review, Vol. 47, No. 2, 2002
Number of pages: 41 Posted: 16 Apr 2016
Thomas Simmons
University of South Dakota Law School
Downloads 5 (575,830)

Abstract:

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Disability, Discrimination, Employment, State Laws

15.

'Working' with the ADA's 'Regarded as' Definition of a Disability

5 Texas Forum on Civil Liberties and Civil Rights 27 (2002)
Number of pages: 54 Posted: 17 Apr 2016
Thomas Simmons
University of South Dakota Law School
Downloads 4 (581,508)
Citation 1

Abstract:

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Disability, ADA, Employment, Discrimination

16.

Twisted Interests: People in Interest of S.A.H. and the State of Open Adoptions in South Dakota

South Dakota Law Review, Vol. 42, No. 3, 1997
Number of pages: 67 Posted: 17 Apr 2016
Thomas Simmons
University of South Dakota Law School
Downloads 3 (588,021)

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Open Adoptions, Individuals with Disabilities, Visitation, Parental Rights, Best Interests of the Child

17.

A Will for Willa Cather

Missouri Law Review, Vol. 83, No. 2, 2018
Number of pages: 112 Posted: 09 Dec 2018
Thomas Simmons
University of South Dakota Law School
Downloads 1

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Purpose Trusts, Creative Works, Estate Planning

18.

Homestead: A (New) Hope

South Dakota Law Review, Vol. 63, No. 2, 2018
Number of pages: 55 Posted: 09 Dec 2018
Thomas Simmons
University of South Dakota Law School
Downloads 1

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Homestead, Probate Rights, Legal History, Asset Protection

19.

Decanting and its Alternatives: Remodeling and Revamping Irrevocable Trusts

South Dakota Law Review, Vol. 55, No. 2, 253
Posted: 13 Apr 2016
Thomas Simmons
University of South Dakota Law School

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trusts, decanting, GST, gift tax, fiduciary, reformation