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As Near As Possible: Applying Best Philanthropic Practice to Judicial Disbursement of Residual Funds in Class Action Lawsuits via the Cy Pres Doctrine
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As Near As Possible: Applying Best Philanthropic Practice to Judicial Disbursement of Residual Funds in Class Action Lawsuits via the Cy Pres Doctrine

Sylvia Hotakainen Stewart and Sheryl Seller
Brandeis University
11/15/2018
DOI:
https://doi.org/10.48617/rpt.403

Abstract

Cy Pres Corporate or Nonprofit Philanthropy Legal Procedure
In this report, we explore a widely debated legal practice called "cy pres." This term, translated from the French as "as near as possible," refers to the process by which courts grant leftover funds from class action lawsuits to nonprofit organizations. We argue that courts' actions in this realm should be informed by established best practice in social justice philanthropy. This will help ensure the cy pres processes are fair, equitable, and have the maximum benefit for members of the original harmed class.
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