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April 26, 2006

Press Contact: Allegra Young, UT Law, (512) 471-7330.

Scott and Ascher on Trusts Newly Released

First two volumes plus tables

Photo of Professor Mark Ascher
Mark Ascher

AUSTIN, Texas — Professor Mark Ascher's first two volumes of the treatise Scott and Ascher on Trusts were published this week by Aspen Publishers. The 800-page work was accompanied by an additional volume of tables.

First published in 1939 by the late Austin Wakeman Scott, of Harvard Law School, Scott on Trusts has long been considered the leading treatise in its field. Professor Scott himself published two later editions, in 1956 and 1967. A fourth edition, published over a period of years from 1987 and 1991, was the work of the late William Franklin Fratcher. Professor Ascher's involvement with this classic treatise began shortly after Professor Fratcher's death in 1992. This year's release constitutes approximately one third of the whole. Two more installments are expected. The second is to appear at about this time next year.

"The fifth edition remains in many ways Scott on Trusts, but in many others, it is quite different," said Ascher. "My biggest challenge was the extent to which the treatise, over the years, had become 'overgrown.' Professors Scott and Fratcher were wonderful at adding new material, but they rarely pruned; as a result, the fourth edition had grown to twelve volumes. The fifth edition, which seeks to incorporate all of the many ways in which the law of trusts has changed since 1939, will nonetheless be be much shorter, perhaps only six or eight volumes."

"We congratulate Mark on this important achievement. For seven years he's worked painstakingly to revise the leading treatise on trusts, an important resource for lawyers, judges, and scholars. Mark's scholarship continues an honored UT Law tradition of treatise writing at the very highest level," said Interim Dean Steve Goode.

Throughout the Law School's history, its faculty have produced some of the nation's best-known legal treatises. These include Charles Alan Wright's Federal Practice and Procedure; Dean Charles T. McCormick's Evidence which, after 50 years in print, remains one of the two leading treatises in the field; and Dean Page Keeton's similarly positioned treatise on torts (with Prosser).

In addition, numerous faculty have written well-respected treatises. Authors include Professors Steven Goode, Michael Sharlot, and O. Guy Wellborn III, who have co-authored Guide to the Texas Rules of Evidence; Professor George Dix, and the late Professor Robert Dawson authored the treatise on Texas Criminal Procedure; Professor Susan Klein was awarded a contract to co-author six volumes on criminal procedure; Professor Linda Mullenix wrote State Class Actions: Practice and Procedure; UT-Austin's President Bill Powers authored Texas Products Liability Law; David Robertson wrote Admiralty and Federalism; Ernest Smith wrote Texas Law of Oil & Gas; Russell Weintraub wrote Commentary on the Conflicts of Law; and Sir Basil Markesinis' treatise on the German law of torts was called by the former president of the Supreme German Court, "a remarkable success among jurists the world over." Professor Robert Peroni wrote one of the major treatises on international taxation, and is co-author of a West hornbook with Ernest Smith, John Dzienkowski, and others on oil and gas law and taxation. John Dzienkowski is a co-author of a treatise on professional responsibility with Ronald Rotunda, and Michael Sturley is the author of chapters in an admiralty treatise.

About Professor Ascher
Professor Ascher joined the UT Law faculty in January 2000. Previously, he was the Ralph W. Bilby Professor at the University of Arizona College of Law in Tucson, Arizona. Widely considered the leading scholar in the law of trusts and estates of his generation of law professors, he is the primary author of Federal Income Taxation of Estates, Trusts, and Beneficiaries (Aspen, 3rd ed., 1998), in addition to Scott and Ascher on Trusts. Professor Ascher is an academic fellow of the American College of Trust & Estate Counsel, a member of the American Law Institute, and an adviser to the ALI's Restatement (Third) of Trusts. He has also been a Visiting Professor at NYU School of Law and Cornell Law School. During the 2001-2002 school year, Professor Ascher chaired the Faculty Appointments Committee.

Related Link:
About Professor Ascher: http://www.utexas.edu/law/faculty/ascherml/