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Johnson Jr., Limiting Dead Hand Control of Charitable Trusts: Expanding the Use of the Cy Pres Doctrine, 21 U.

RESTRICTED CHARITABLE GIFTS: PUBLIC BENEFIT, PUBLIC VOICE

The cy pres doctrine was born as a rule of construction employed by courts aiming to save testamentary charitable gifts that would otherwise fail by attempting to ascertain and give effect to the original intent of the testator.

Never settle for second best? Cy pres distributions in securities class action settlements

(145) In addition, $2.75 million would be set aside for distribution to class members on a claims-made basis, and any remainder of this fund would be donated to "charities chosen by the parties and approved by the Court pursuant to the cy pres doctrine." (146)

Aggregation as disempowerment: red flags in class action settlements

using the cy pres doctrine to guide the distribution of unclaimed class

Modernizing class action cy pres through democratic inputs: a return to cy pres comme possible

Just as the holder of a conservation easement conveyed as a restricted charitable gift should not be permitted to use the merger doctrine to circumvent the cy pres doctrine or the restriction on transfer, extinguishment, and division of proceeds provisions included in the easement deed to satisfy federal tax law requirements, (40) the holder in this example should not be permitted to use the merger doctrine to circumvent the termination requirements in the enabling statute.

Conservation easements and the doctrine of merger

Under the cy pres doctrine, the courts can approve a charitable donation out of unclaimed class action funds, or a direct grant in lieu of damages to an organization that could vindicate class member rights in the future.

A legacy for justice: foundation undertakes major and planned gift initiative

(60) In April 2007, the University filed a motion to amend its complaint and requested that the conditions of the charitable gifts be rewritten by way of the cy pres doctrine. (61) The trial court granted the motion and found that the University had failed to establish two essentials required under the cy pres doctrine: one, that the gifts were motivated by general charitable intent; and two, that the relief the University was seeking did not effectively approximate the original purpose and intent of the gift.

Deaccession of art from the public trust

But there is a more mundane application of the cy pres doctrine that should get most streetsmart managers' attention.

Tish, that's French! Cy pres for no mission drift at your nonprofit

As this issue of the Journal goes to press, legislation that will codify the cy pres doctrine in class action suits awaits governor Blagojevich's signature.

Legal aid groups would benefit from cy pres statute: a bill would make it more likely that legal aid and other charitable organizations will end up with leftover class-action settlement proceeds

If the cy pres doctrine works, it could be applied to many similarly problematic city names.

Is St. Paul unconstitutional?

The Restatement provides guidance and rationale as to what courts may or may not regard as legitimate charitable purposes and what are appropriate applications of the cy pres doctrine.

Restatement of the Law (Third) Trusts, 2 vols