Tom Simmons

Tom Simmons

Associate Professor

LAW SCHOOL

UL RM 212

Phone: (605) 677-3960

Email: Tom.E.Simmons@usd.edu

Website: http://works.bepress.com/tom_simmons/

Curriculum Vitae

Bio:

An associate professor, Tom concentrates on trusts, estate administration, and the estate tax. Prior to joining the legal academy, he was a partner with the law firm of Gunderson, Palmer, Nelson & Ashmore, LLP and clerked for the Honorable Andrew Bogue, senior federal district court judge. He has taught at every educational level, from pre-K (as a volunteer at a Head Start program), elementary (fourth grade), secondary (junior high school in Miki-shi, Japan), and undergraduate (in a paralegal program) to graduate (i.e., law school). Tom is an active member of trust and elder law reform. He serves on the South Dakota State Bar's Ethics Committee, Elder Law Committee (founder/chair), Indian Law Committee, and Lawyer's Committee on Diversity of Inclusion. He is a member of the South Dakota Bar Association's Section of Real Property Probate and Trust (twice past chair) as well as its Trust Committee (chair) and Uniform POA Act Committee (chair). He is a longtime member of the American Bar Association's Section of Real Property, Trust and Estate Law. Tom created and managed the first qualifying "(d)(4)(C)" pooled trust for individuals with disabilities in South Dakota (the "PATI Trust"). He serves regularly as a consultant and expert in litigation involving the federal estate tax, guardianships, Medicaid, legal malpractice, and fiduciary administration. But for a few years in Canada and Nebraska (and one in Japan), he is a lifelong South Dakotan.


Teaching Interests:

Current courses: Estate Planning, Professional Responsibility, Trusts & Wills, Tribal Wills Pro Bono Lab, and Remedies in Law & Equity. Past courses: Business Organizations I, Business Organizations II, Comparative Estates Law, Comparative [In]tangible Property, Constitutional History (non-USD undergraduate course), Elder Law, Holocaust Law (seminar), and Property.


Research Interests:

Tom's scholarship has explicated robot law, space law, and even zombie law, but his research focuses on trusts, tax, elder law, and fiduciaries. His work has been published in leading scholarly journals including the Elder Law Journal, Mercer Law Review, John Marshall Law Review, and Gonzaga Law Review. He regularly publishes scholarship on South Dakota legal issues in the South Dakota Law Review.


Education:

  • JD, University of South Dakota School of Law, 1998
  • BS, Education and English, University of South Dakota, 1991

Licensures and Certifications:

  • Rosebud Sioux Tribal Court (Sicangu Oyate Bar Association)
  • United States Tax Court
  • Yankton Sioux Tribal Court
  • Accredited Attorney, United States Department of Veterans Affairs, Office of General Counsel
  • United States Supreme Court
  • United States Court of Appeals, 8th Circuit
  • United States District Court, District of South Dakota
  • South Dakota Bar Association

Publications:

Citations listed below are presented in a standardized, modified format for display purposes only. They do not necessarily reflect the preferred style and conventions of the faculty member or discipline.

  • Simmons, Tom E.. Privacy and Surveillance in Nursing Homes, Jotwell (Oct. 8, 2018) (reviewing Karen Levy, Lauren Kilgour, & Clara Berridge, Regulating Privacy in Public/Private Space: The Case of Nursing Home Monitoring Laws, 26 Elder Law J. __ (2018)), available at SSRN, https://lex.jotwell.com/privacy-and-surveillance-in-nursing-homes/..
  • Simmons, Tom E.. A Will for Willa Cather, 83 Mo. L. Rev. 642 (2018)..
  • Simmons, Tom E.. Book Review, 14 L. Culture & Human. 533 (2018) (reviewing Nazi Law: From Nuremberg to Nuremberg (John J. Michalczyk, ed., 2018))..
  • Simmons, Tom E.. Book Review, 36 Shofar: Interdisc. J. Jewish Stud., no. 3, forthcoming 2018, at 190 (reviewing Johann Chapoutot, The Law of Blood: Thinking and Acting as a Nazi (2018))..
  • Simmons, Tom E.. Book Review, 52 Law Tchr. 236 (2018) (reviewing Michael J. Bazyler & Robert M. Jarvis, Law and The Holocaust: U.S. Cases And Materials (2017))..
  • Simmons, Tom E.. Book Review, 9 ImageText: Interdisciplinary Comics Studies, no. 3, 2018, http://www.english.ufl.edu/imagetext/archives/v9_3/simmons/ (reviewing Humans and Paragons: Essays On Super-Hero Justice (Ian Boucher ed., 2017))..
  • Simmons, Tom E.. Book Review, 9 J. Graphic Novels & Comics ___ (forthcoming 2018) (reviewing Hillary L. Chute, Why Comics? From Underground to Everywhere (2017))..
  • Simmons, Tom E.. Book Review, Film & Hist., Summer 2018, at 61 (reviewing Axel Bangert, The Nazi Past In Contemporary German Film: Viewing Experience Of Intimacy And Immersion (2014))..
  • Simmons, Tom E.. Dispensing (With) Electronic Wills, Jotwell (Apr. 5, 2018) (reviewing John H. Langbein, Absorbing South Australia's Wills Act Dispensing Power in the United States: Emulation, Resistance, Expansion, 38 Adelaide L. Rev. 1 (2017), available at SSRN), https://lex.jotwell.com/dispensing-with-electronic-wills/..
  • Simmons, Tom E.. Homestead: A (New) Hope, 63 S.D. L. Rev. 75 (2018)..
  • Simmons, Tom E.. Unmasked Lex Text, 8 Comics Grid: J. Comics Scholarship 17 (2018) (reviewing Thomas Giddens, On Comics and Legal Aesthetics - Multimodality and the Haunted Mask of Knowing (2018)), http://doi.org/10.16995/cg.134..
  • Simmons, Tom E.. A Chinese Inheritance, 30 Quinnipiac Prob. L.J. 124 (2017)..
  • Simmons, Tom E.. Actuarial Soundness, the Meaning of "Commensurate" and a "Sniff Test", 13 NAELA J. 167 (2017)..
  • Simmons, Tom E.. Book Review, 5 Korean J. Int'l & Comp. L. 245 (2017) (reviewing Eminent Domain: A Comparative Perspective (Iljooing Kim, Hojun Lee & Ilya Somin, eds., 2017))..
  • Simmons, Tom E.. Court Columns, Rapid City Journal and Yankton Press & Dakotan (2017)..
  • Simmons, Tom E.. Future Interests? Meet Chattels!, Jotwell (February 10, 2017) (reviewing John Chipman Gray, Future Interests in Personal Property, 14 Harvard L. Rev. 397 (1901)), http://classic.jotwell.com/future-interests-meet-chattels/..
  • Simmons, Tom E.. Leach v. Hyatt: Recasting Indefiniteness, 43 ACTEC L. J. 121 (2017)..
  • Simmons, Tom E.. Of Kings and Queens and Their Wills, 45 History: Reviews of New Books 109 (2017) (reviewing Suzannah Lipscomb, The King is Dead: The Last Will and Testament of Henry VIII (2016) and Michael L. Nash, Royal Wills in Britain from 1509 to 2008 (2017))..
  • Simmons, Tom E.. Post-obit ADA Claims, S.D. Rep., Nov. 2017, at 11..
  • Simmons, Tom E.. Prequel to Homestead, 62 S.D. L. Rev. 327 (2017)..
  • Simmons, Tom E.. To Authorize Sex with Oneself via Proxy or Advance Directive, Jotwell (Sept. 13, 2017) (reviewing Alexander A. Boni-Saenz, Sexual Advance Directives, 68 Ala. L. Rev. 1 (2016), https://ssrn.com/abstract=2813431), https://lex.jotwell.com/to-authorize-sex-with-oneself-via-proxy-or-advance-directive/..
  • Simmons, Tom E.. Westerns: A Women's History, 40 J. Amer. Culture 301 (2017) (reviewing Victoria Lamont, Westerns: A Women's History (2017))..
  • Simmons, Tom E.. When Robots Trespass, Space Rev. (Jan. 16, 2017), http://www.thespacereview.com/article/3146/1..
  • Simmons, Tom E.. Wrongful Death Conflicts for Plaintiffs' Attorneys, Barrister, Nov./Dec. 2017, at 7..
  • Simmons, Tom E.. "Granny Goes to Jail" Redux, NAELA News, Apr./May/June 2016, at 27..
  • Simmons, Tom E.. Book Review, 12 NAELA J. 159 (2016) (reviewing International and Comparative Law on the Rights of Older Persons (Ralph Ruebner, Teresa Do & Amy Taylor eds., 2015))..
  • Simmons, Tom E.. Book Review, 46 S.D. Hist. 364 (2016) (reviewing James D. McLaird, Hugh Glass: Grizzly Survivor (2016))..
  • Simmons, Tom E.. How to Die: Biomarker Adjuncts to Death Accelerants, Jotwell (July 8, 2016) (reviewing Rebecca Dresser, A Fate Worse than Death? How Biomarkers for Alzheimer's Disease Could Affect End-of-Life Choices, 12 Ind. Health L. Rev. 651 (2015)), http://lex.jotwell.com/how-to-die-biomarker-adjuncts-to-death-accelerants/..
  • Simmons, Tom E.. Intersectionality Problems with Gendered Disability Discrimination, S.D. Rep., July 2016, at 8..
  • Simmons, Tom E.. Killer Robots: An Apologia, Wake Forest Common L. (March 30, 2016), http://wakeforestlawreview.com/2016/03/killer-robots-an-apologia/..
  • Simmons, Tom E.. Mapping Chinese Trusts with a Patrimony Compass, Jotwell (Jan. 28, 2016) (reviewing Kai Lyu, Re-Clarifying China's Trust Law: Characteristics and New Conceptual Basis, 36 Loy. L. A. Int'l & Comp. L. Rev. 447 (2015)), http://trustest.jotwell.com/mapping-chinese-trusts-with-a-patrimony-compass/..
  • Simmons, Tom E.. Oklahoma Tax Commission v. United States: Death Taxes on Restricted Indian Personalty, 42 ACTEC L.J. 47 (2016)..
  • Simmons, Tom E.. Pregnancy, S.D. Rep., Nov. 2016, at 12..
  • Simmons, Tom E.. Sexbots; An Obloquy, Wisc. L. Rev. Forward 45 (2016), http://wisconsinlawreview.org/sexbots-an-obloquy/..
  • Simmons, Tom E.. The Unfortunate Provincialism of the Space Resources Act, Space Rev. (January 25, 2016), http://thespacereview.com/article/2910/1..
  • Simmons, Tom E.. The Wrongheadedness of the POMS Pooled Trust Rules and an Unfortunate But Recently Noted Chinese Parallel, 43 Rutgers L. Rec. 117 (2016), http://lawrecord.com/2016/05/17/the-wrongheadedess-of-the-poms-pooled-trust-rules-and-an-unfortunate-but-recently-noted-chinese-parallel/..
  • Simmons, Tom E.. Wills Above Ground, 23 Elder L.J. 343 (2016)..
  • Simmons, Tom E.. Book Review, Shofar: Interdisc. J. Jewish Stud., Fall 2015, at 145 (reviewing The Law in Nazi Germany: Ideology, Opportunities and the Perversion of Justice (Alan E. Steinweis & Robert D. Rachlin eds., 2013))..
  • Simmons, Tom E.. Deploying the Common Law to Quasi-Marxist Property on Mars, 51 Gonzaga L. Rev. 101 (2015)..
  • Simmons, Tom E.. Disability Discrimination in the Form of Ad Hoc Examinations, 6 Neb. L. Rev. Bull. 2 (2015)..
  • Simmons, Tom E.. Medicaid as Coverture, 26 Hastings Women's L.J. 275 (2015)..
  • Simmons, Tom E.. Testamentary Incapacity, Undue Influence, and Insane Delusions, 60 S.D. L. Rev. 101 (2015)..
  • Simmons, Tom E.. The Intersection of Agency Doctrine and Elder Law: Attorney-in-Fact Authority to Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015)..
  • Simmons, Tom E.. What Zombies Can Teach Law Students: Popular Text Inclusion in Law and Literature, 66 Mercer L. Rev. 729 (2015)..
  • Simmons, Tom E.. Book Review, 47 J. Popular Culture 899 (2014) (reviewing The 'Evil Child' in Literature, Film and Popular Culture (Karen J. Renner ed., 2013))..
  • Simmons, Tom E.. Judicial Memoirs, Neb. Law., Jan./Feb. 2013, at 13 (reviewing Warren K. Urbom, Called to Justice: The Life of a Federal Trial Judge (2012) & Warren L. Dwyer, Ipse Dixit: How the World Looks to a Federal Judge (2007))..
  • Simmons, Tom E.. Understanding the Challenges and Limitations of Guardianship Proceedings, in Establishing a Guardianship for Elder Law Clients 105 (Aspatore, Inc. ed., 2013)..
  • Simmons, Tom E.. Pooled Trusts, S.D. Rep., July 2012, at 9..
  • Simmons, Tom E.. Decanting and its Alternatives: Remodeling and Revamping Irrevocable Trusts, 55 S.D. L. Rev. 253 (2010)..
  • Simmons, Tom E.. Integrating IRAs with SNTs, NAELA Special Needs Law Sec. Newsl., Fall 2010, at 8..
  • Simmons, Tom E.. Using Trusts to Settle Lawsuits, 19 Prob. & Prop., Nov./Dec. 2005, at 52..
  • Simmons, Tom E.. When Gift Planning Goes Awry, Nat'l L.J., Feb. 14, 2005, at 13..
  • Simmons, Tom E.. Rights of Access to the Courts by Individuals with Disabilities, S.D. Rep., July 2004, at 14..
  • Simmons, Tom E.. A Guide to South Dakota's Disability Discrimination Laws: Limits and Vantages, 47 S.D. L. Rev. 389 (2002)..
  • Simmons, Tom E.. Territorial Justice Under Fire: The Trials of Peter Wintermute, 1873-1875, 31 S.D. Hist. 91 (2001)..
  • Simmons, Tom E.. "Working" With the ADA's "Regarded As" Definition of a Disability, 5 Tex. F. C.L. & C.R. 27 (2000)..
  • Simmons, Tom E.. How Medication Affects the Existence of an ADA Disability, S.D. Rep., Nov. 2000, at 6..
  • Simmons, Tom E.. State Immunity from Federal Disability Discrimination Laws: Provisions of the ADA and Rehabilitation Act Declared Unconstitutional, S.D. Rep., Nov. 1999, at 8..
  • Simmons, Tom E.. The ADA Prima Facie Plaintiff: A Critical Overview of Eighth Circuit Case Law, 47 Drake L. Rev. 761 (1999)..
  • Simmons, Tom E.. Case Survey: A Brief Survey of Selected South Dakota Supreme Court Cases Decided in 1997, 43 S.D. L. Rev. 261 (1998)..
  • Simmons, Tom E.. Highways, Hunters and Section Lines: Tension Between Public Access and Private Rights, 2 Great Plains Nat. Resources J. 240 (1997)..
  • Simmons, Tom E.. Note, Twisted Interests: People in Interest of S.A.H. and the State of Open Adoptions in South Dakota, 42 S.D. L. Rev. 537 (1997)..

Awards and Honors:

  • Inclusion in Best Lawyers in U.S. in area of Trusts and Estates, Best Lawyers (25th ed.), 2018
  • John Wesley Jackson Memorial Award for Outstanding Professor of Law, USD School of Law, 2018
  • Fellow, American College of Tax Counsel (ACTC), 2017
  • Cutler Award for Excellence in Legal Education, USD School of Law, 2016
  • Life Fellow, American Bar Foundation, 2016
  • Fellow, American College of Trust and Estate Counsel (ACTEC), 2013
  • AV Rating, Martindale-Hubbell Bar Register Peer Review Rating, 2013

Presentations:

  • Simmons, Tom E.. Legalities with Charitable Gifts. Presented at the Fiesta at the Falls, Sioux Falls, South Dakota. (May 8, 2018)
  • Simmons, Tom E.. Income Tax Concerns with Purpose Trusts. Presented at the Tax Update XXXIX, Sioux Falls, South Dakota. (December 8, 2017)
  • Simmons, Tom E.. Introducing Virtual Representation. Presented at the 1st Annual Fall Forum, Sioux Falls, South Dakota. (October 27, 2017)
  • Simmons, Tom E.. "Granny['s Lawyer] Goes to Jail" Redux. Presented at the NAELA Lunch and Learn, webinar. (January 18, 2017)
  • Simmons, Tom E.. Property Law Works-in-Progress. Presented at the AALS 111th Annual Meeting, San Francisco, California. (January 4, 2017)
  • Simmons, Tom E.. UBIT Me. Presented at the Tax Update XXXVIII, Sioux Falls, South Dakota. (December 9, 2016)
  • Simmons, Tom E.. Donative Trusts and Equity at Common Law. Presented at the Southwest University of Political Science and Law, Chongqing, People's Republic of China. (June 24, 2016)
  • Simmons, Tom E.. Topographical Emphases in Hugh Glass Narratives, 1825-2015. Presented at the 47th Annual Dakota Conference: Where the West Begins?, Augustana College, Sioux Falls, South Dakota. (April 24, 2015)
  • Simmons, Tom E.. Cutting Edge and Bleeding Edge Medicaid Planning. Presented at the West River Estate and Financial Planning Council, Rapid City, SD. (July 10, 2014)
  • Simmons, Tom E.. In Defense of South Dakota Asset Protection Trusts. Presented at the Siouxland Estate Planning Council, Sioux City, Nebraska. (January 15, 2014)
  • Simmons, Tom E.. How the Crummey Crumbles: Present Interest Gift Planning with Trusts. Presented at the Tax Update XXXV CLE, Sioux Falls, South Dakota. (December 13, 2013)
  • Simmons, Tom E.. Business Trusts, S-Corp Trusts, Pre-Mortem Planning and Other Recent Developments in the Law of Trusts. Presented at the Business Law CLE, Rapid City, South Dakota. (October 18, 2013)
  • Simmons, Tom E.. Grantor Trusts. Presented at the Tax Update XXXIV CLE, Sioux Falls, South Dakota. (December 13, 2012)
  • Simmons, Tom E.. Estate Planning for Individuals with Disabilities. Presented at the Trusts 101, Rapid City, South Dakota. (July 15, 2012)
  • Simmons, Tom E.. Substituted Judgment: Powers of Attorney, Guardianships, and Conservator-Created Estate Plans. Presented at the Sioux Falls Estate Planning Council, Sioux Falls, South Dakota. (April 15, 2012)
  • Simmons, Tom E.. Closing the Estate. Presented at the The Probate Process Start to Finish, Rapid City, South Dakota. (February 15, 2012)
  • Simmons, Tom E.. (Program Chair). Presented at the Elder Law: Representing the Aging Client CLE, Sioux Falls, South Dakota. (September 15, 2011)
  • Simmons, Tom E.. Pooled Trusts: An Introduction and Personal History. Presented at the NAELA Special Needs Summit, New Orleans, Louisiana. (May 15, 2010)
  • Simmons, Tom E.. Decanting a Vintage Trust: Prepare the Funnel and Cheesecloth. Presented at the Seventh Annual Estate Planning for Professionals Seminar, South Sioux City, Nebraska. (June 15, 2009)
  • Simmons, Tom E.. Domestic Asset Protection Trusts and South Dakota Trust Updates. Presented at the West River Estate Planning Council, Rapid City, South Dakota. (September 15, 2006)
  • Simmons, Tom E.. Developing Communication Skills and Relationships with Diverse Clients. Presented at the NAELA Annual Symposium, San Francisco, California. (May 15, 2005)
  • Simmons, Tom E.. (Program Chair). Presented at the Tax Update XXVI CLE, Sioux Falls, South Dakota. (December 15, 2004)