Private Law Theory

Christopher J Ryan, Jr, ‘Confusing Cy Près’, 58 Georgia Law Review 17 (2023). In ‘Confusing Cy Près’, Christopher J Ryan, Jr examines judicial decision-making in cases involving proposed modifications to charitable trusts. Two doctrines permit modification: equitable deviation and cy près. Ryan uses a comprehensive data set – over 1,300 cases between the years of 1820 and 2019 – to explore when courts are likely to apply the doctrines and, critically, when courts confuse them. His research reveals that courts routinely use equitable deviation when they should use cy près and, tantalizingly, suggests that the Uniform Trust Code is at least partially responsible. Ryan’s empirical work also sheds light on when courts are most likely to modify charitable trusts … (more)

[[Sarah Waldeck, JOTWELL, 25 October 2024]