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Confusing Cy Près
No full textAmerican courts have increasingly considered the possibility of prolonging the life of charitable trusts through cy près and the closely related doctrine of equitable deviation. This requires courts to interpret the material purposes of trusts and even the administrative terms on which settlors of charitable trusts condition gifts in trust made for public benefit. Yet, the implicit reasons why courts might invoke cy près to change a charitable trust’s material purpose have not been explored in significant depth heretofore—and neither has a common but vexing trend of courts conflating cy près with deviation, which negatively impacts charitable trust-making.
I analyze the extent to which judges have struggled with applying these remedies via an empirical analysis of a universe of cases receiving a published opinion from an American court from the nation’s founding through 2019. This study provides an original analysis of the cy près doctrine, including its use and misuse, along an extended timeline in American history. The study’s novel contributions are twofold. First, it teases out the distinction between cy près and like equitable doctrines. In doing so, it elucidates how courts confuse cy près with other equitable remedies. Second, it discusses the sources of the confusion around the cy près and deviation doctrines by empirically testing the factors that bear on a court’s decision to employ them accurately or inaccurately. These findings have implications not only for resolving the boundaries of the cy près doctrine, while encouraging charitable trust-making, but also for defining the critical role that judges play in shaping both the cy près doctrine and trust settlors’ expectations in the past, in the present, and for the future
Dean\u27s Desk: Recognizing IU Maurer alumnae who have made a difference
Get PDFA couple weeks ago, I had the opportunity to welcome future law students as part of our annual Admitted Student Day. From their seats in the Kathleen and Ann DeLaney Moot Court Room, they look to the front of the room where they see the portraits of four trailblazing alumnae who have made indelible marks on the judiciary. Juanita Kidd Stout ’48, Sue Shields ’61, Linda Chezem ’71 and Loretta Rush ’83 all face out into the sea of newly admitted students who one day hope to forge paths of their own.As we celebrate Women’s History Month, I wanted to recognize some of our proud past and share encouraging and inspiring news about the next generation of women attorneys
Legislative Hearing on H.J. Res. 29, H.J. Res. 46, H.J. Res. 49 and H.R. 1213 | Water, Wildlife and Fisheries Subcommittee
Get PDFState Workarounds to the IRC\u27s SALT Cap: The Past, the Present, and Building for the Future
Get PDFRecently, Congress has debated measures to provide some relief to taxpayers negatively impacted by the Internal Revenue Code’s State and Local Tax (SALT) deductibility limit. Although Congress has not yet budged on whether to adjust this cap, many states have taken it upon themselves to find creative workarounds to provide relief for their constituent taxpayers. In the face of an uncertain future for the current SALT cap, crucial questions exist for these state workarounds and those still to come. This Note carefully lays out the individual income tax issue posed by the SALT cap, before analyzing the core elements of each state workaround passed through March 2022. This Note then takes on each of these key elements and posits a best path forward, with an eye toward cohesively providing the most flexibility for pass-through entity owners, ultimately concluding that state workarounds present benefits for taxpayers that should propel their adoption despite any federal SALT cap uncertainty or existence
Louisville’s CJ Ryan to join Indiana Law in January
Get PDFAdding to an already impressive list of new faculty, the Indiana University Maurer School of Law is pleased to announce CJ Ryan, of the University of Louisville Brandeis School of Law, will join the Law School for the start of the spring 2024 semester.
In addition to his role on the Brandeis faculty, Ryan is an affiliated scholar at the American Bar Foundation
The Problem of the Legal Malpractice Claim in Saudi Arabia: Could Combining the Legal Malpractice Claim with the Disciplinary Claim Solve It?
No full textThis study focuses on combining the legal malpractice claim with the disciplinary claim to solve the aggrieved client’s problems if he wants to file a legal malpractice claim. The difficulties boil down to three matters: first, the lack of rules to clarify procedures to file a legal malpractice claim; second, the lack of rules stating the standards to prove the attorney’s misconduct and win the legal malpractice claim; and third, the lack of rules to determine the statute of limitation. Therefore, combining the legal malpractice claim with the disciplinary claim, filed together and simultaneously before the specialized court, would solve the problems that the aggrieved client faces in the legal malpractice claim in Saudi Arabia. In addition, it is important to highlight that combining both claims cannot occur without amending Article 29 of the Saudi Code of Law Practice. The Saudi Code of Legal Practice has regulated the disciplinary claim since it was issued in 2001, and it has disclaimed handling the legal malpractice claim. Therefore, this study proposes the Saudi legislature amend this article and allow the combining of the legal malpractice claim with the disciplinary claim to achieve certain benefits
