The Low Road to Cy Pres Reform: Principled Practice to Remove Dead Hand Control of Charitable Assets

50 Pages Posted: 10 Nov 2005

See all articles by Rob Atkinson

Rob Atkinson

Florida State University - College of Law

Date Written: November 2005

Abstract

This paper deals with practical, if unorthodox, means for removing dead hand control of charitable assets: unilateral trustee disregard of dead hand restrictions, collaboration with state attorneys general to remove such restrictions without recourse to judicial action, purchase of control from private parties, and invocation of the power of eminent domain. Although these measures fall far short the general elimination of dead hand control that I have advocated elsewhere, their cumulative effect should be to erode such control, even as they free charitable assets in particular cases.

Suggested Citation

Atkinson, Rob E., The Low Road to Cy Pres Reform: Principled Practice to Remove Dead Hand Control of Charitable Assets (November 2005). FSU College of Law, Public Law Research Paper No. 176, Available at SSRN: https://ssrn.com/abstract=845927 or http://dx.doi.org/10.2139/ssrn.845927

Rob E. Atkinson (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-4503 (Phone)

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