Wednesday, September 16, 2009

Brandeis Files Motion to Dismiss

According to Brandeis University's newspaper, The Justice, Brandeis has filed a motion today to dismiss the lawsuit seeking to preserve the Rose Art Museum's collection. The motion will be heard Oct. 13. Outside counsel Thomas Riley expressed the dire situations facing colleges and universities at large, and given the dramatic endowment losses reported by the Ivy League last week, Brandeis can't be blamed.

Donn Zaretsky has a good analysis on the motion to dismiss here, arguing strongly that donors, in this case the Rose family, have little if any standing.

"Time and again, Massachusetts courts and the Legislature have rejected the notion that donors or their heirs have standing ... to enforce their vision of how a charitable organization should operate. The authority to supervise charities in this way is reserved exclusively to the Attorney General."

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