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Full-Text Articles in Legal Remedies
Reviving The Declaratory Judgment: A New Path To Structural Reform, Emily Chiang
Reviving The Declaratory Judgment: A New Path To Structural Reform, Emily Chiang
Buffalo Law Review
No abstract provided.
Saving Charitable Settlements, Christine P. Bartholomew
Saving Charitable Settlements, Christine P. Bartholomew
Journal Articles
This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning settlement funds left over after individual monetary distributions) and “charitable settlements” (meaning money initially distributed to charities as part of class action settlements). While both have cy pres roots, these two settlement structures have been conflated, jeopardizing the potential utility of charitable settlements. After articulating more precise nomenclature for these distinct distribution methods, this Article justifies why we must preserve charitable settlements. This defense is particularly timely, as …