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47 Rutgers L. Rev. 11 (1994-1995)
Offshore Asset Protection Trusts: Having Your Cake and Eating It Too

handle is hein.journals/rutlr47 and id is 21 raw text is: ARTICLES OFFSHORE ASSET PROTECTION TRUSTS: HAVING YOUR CAKE AND EATING IT TOO Elena Marty-Nelson I. INTRODUCTION Amid questioning by the United States Senate Judiciary Committee over his controversial writings in support of limits on freedom of speech, Judge Robert Bork quipped, Sometimes I wish I had confined myself to writing about spendthrift trusts.. . .' For over a century, U.S. spendthrift trust law has indeed led a fairly quiet existence.2 Judge Bork might be dis- * Assistant Professor of Law, Nova Southeastern University Shepard Broad Law Center. J.D., Georgetown University Law Center, 1983; LL.M. (Tax), Georgetown University Law Center, 1986. The author wishes to acknowledge with gratitude Professor John Sanchez for his thoughtful and helpful comments on an earlier draft of this Article. In addition, the author wishes to thank Professor Angela Gilmore and Professor Catherine Arcabascio for their suggestions and Lisa Torelli, Elena Minicucci, Daniel Grissom, and Erika Esan for their tireless research assistance. 1. The full quote reads: As a professor, I am paid to speculate, and I do speculate; sometimes I wish I had confined myself to writing about spendthrift trusts, but I speculated in that area, and I think the concept of neutral principles suggests those results. Nominations of Joseph T. Sneed to be Deputy Attorney General and Robert H. Bork to be Solicitor General: Hearings Before the Committee on the Judiciary, 93d Cong., 1st Sess. 12 (1973) (statement of Robert Bork, candidate for Solicitor Gener- al). Judge Bork's articles again were the focus of intense review in 1987 when he was nominated by President Reagan as a United States Su- preme Court Justice. Edward Walsh, In the End, Bork Himself Was His Own Worst Enemy, WASH. POST, Oct. 24, 1987, at Al. 2. The seminal case establishing spendthrift trusts is Broadway Na- tional Bank v. Adams, 133 Mass. 170 (1882) (validating the spendthrift trust). The caveat that the spendthrift trusts' birth and development have

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