However, despite the appropriate narrowing of the cy pres doctrine
, there are other things courts can do to perfect cy pres, such as: denying approval of class action settlements that do not contain a clear and specific plan for the distribution of residual fees, imposing mandatory notice requirements, and requiring input from class members on an appropriate recipient of the residual funds.
allowing courts to apply the cy pres doctrine
and remove the
Modification of a trust is typically governed by the cy pres doctrine.
Rob Atkinson, in his influential article Reforming Cy Pres Reform, points to several proposed ways that cy pres doctrine could incorporate notions of efficiency and public interest.
A (discussing how the cy pres doctrine can act either to limit or to extend donor intent).
Frances Howell Rudko, The Cy Pres Doctrine in the United States: From Extreme Reluctance to Affirmative Action, 46 CLEV.
173, 187-92 (2000) (providing case examples, including the Buck and Barnes Foundations, to demonstrate how cy pres can be used to limit dead-hand control); Sisson, supra note 99, at 651-53 (arguing that the cy pres doctrine should be applied to better address the need for charitable efficiency).
Moreover, donors should clarify whether their charitable wishes are general in purpose or specific--thus allowing for the proper application of the cy pres doctrine.
The cy pres doctrine is traditionally stated as follows:
691, 749-56 (1987) ("The cy pres doctrine should not be so distorted by the adoption of subjective .
3 (1988) ("`[T]he judicial cy pres doctrine may be resorted to, not to defeat the donor's intention, but to effectuate it'" (quoting School Dist.
supra note 3, [sections] 659, at 508 ("When a disposition can be saved for charity only by the cy pres doctrine, and that doctrine is not applicable or does not obtain in the jurisdiction, the property reverts to the heirs of the donor unless he has made other provision for its disposition.