The Low Road to Cy Pres Reform: Principled Practice to Remove Dead Hand Control of Charitable Assets
Document Type
Article
Publication Date
10-2008
Publication Title
International Journal of Civil Society
Publication Title (Abbreviation)
Int'l J. Civ. Soc'y
Volume
6
Issue
4
First Page
65
Last Page
116
Abstract
In recent decades many scholars have called for reduction of dead hand control of charitable assets. These scholars have recommended the "high road" to reform: sweeping, wholesale revision of legal doctrines by either courts or legislatures. These calls, for all their merit, have gone virtually unheeded. In the face of that apparent impasse, this article recommends a different route, a "low road," to reform: an immediately available set of strategies for removing dead hand control, strategies that can be deployed, in particular cases, right now. The net effect of this piecemeal, practical approach should be to move us, albeit in small, incremental steps, around the impasse of dead hand doctrine toward the theoretically higher ground of freer, more fungible charitable assets and increased charitable autonomy.
Rights
© 2008 Rob Atkinson
Faculty Biography
http://www.law.fsu.edu/our-faculty/profiles/atkinson
Recommended Citation
Rob Atkinson,
The Low Road to Cy Pres Reform: Principled Practice to Remove Dead Hand Control of Charitable Assets, 6
Int'l J. Civ. Soc'y
65
(2008),
Available at: https://ir.law.fsu.edu/articles/396