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July 2, 2008 [feather]
Dark side of donor intent

In general, I support the idea of donor's rights -- if you give a major gift to a college or university, for example, you have the right to attach certain conditions to it. If the recipient doesn't want to meet those conditions, then no gift.

Of course, there are times when the issue gets messy. Colleges and universities have tended to be a bit cavalier in their respect for donor intent--and donor intent can last a very long, very inconvenient length of time. Princeton is currently embroiled in a messy lawsuit centered on its alleged failure to honor the conditions of a major gift given decades ago. And Tulane just took a judicial rap on the knuckles for wanting to fold its women's college--created with a gift in 1886--into the wider undergraduate college.

Even messier: Sometimes donors get overly intrusive with their conditions, as when a corporate donor not only sponsored a course at Hunter College, but used the students taking the course to advance its own interests. And sometimes the source of the gift is a red flag, even when there are no official restrictions placed on it. The classic example is large gifts from foreign donors to support Middle Eastern studies and the like. As Stanley Kurtz, Jay Greene, and others have argued, such gifts can be tacitly keyed to expectations about the kind of scholarship and teaching it will be used to support; future gifts may depend on using current gifts in a particular way. To make matters worse, there is a pervasive problem with universities' disclosure regarding such gifts. Lack of transparency, it need hardly be said, is not a best ethical practice and raises questions about what else may be going on that isn't being reported.

Into this mix comes another problematic case: Princeton has just accepted $100 million from investment manager Gerhard Andlinger to combat global warming. Never mind that the jury is still out on anthropogenic global warming--so much so that even the Intergovernmental Panel on Climate Change is now acknowledging that it is not a proven phenomenon. There are huge unknowns here--respected scientists dispute that global warming is even happening, and among those who believe that it is taking place, there is plenty of debate about whether it is caused by humans. It doesn't make much sense to pour resources into reducing our carbon footprints if carbon is not the source of our problems--or if climate change is not even really an issue.

But, as I have written here before, that's not stopping the people who should be guarding the integrity of the pursuit of truth from jumping on academe's PC bandwagon. Here's Princeton president Shirley Tilghman, quoted in the Chronicle of Higher Education, basking in the moral glow of her university's new commitment to match its scholarly findings and educational program to this donor's wishes:


Shirley M. Tilghman, Princeton's president, said the university hoped the new center would enable researchers to use their discoveries to help scientists and engineers create better ways to manage carbon-dioxide emissions and create new types of alternative energies.

"We also hope to educate the next generation of scientists, engineers, and policy makers, who will take out of Princeton a deep sensitivity to global warming, and educate citizens," said Ms. Tilghman.


Love the evocation of sensitivity training. Tilghman has said more than she may have meant to.

To their great credit, the Chronicle's readers see right through the problem.

Here's JM: "A pledge with an assumption--make sure the scinence fits the pledge. I would venture to suggest that this is a pledge whose intent will be not only be honored but whose outcomes are all but guaranteed, somewhat akin to a major donation to prevent orc proliferation in middle earth--a winner every time."

Here's skeptic: "Too bad so much money is being spent worshipping at the altar of the mythology of 'global warming.' What a travesty when so many other things need to be done in this world. But, Algore and his cronies need to continue to enrich themselves so that he can pay his $22,000 electric bill for his personal residence each year."

And here's FB: "It is up to the global warming community to present incontrovertible evidence that climate change is the result of human activity. They have not yet done that."

Princeton really ought to know better than to set itself up for a major conflict of interest between the ethical, disinterested pursuit of knowledge and the politicized aims of major donors. But the combined allure of big money and a noble cause seems to have distracted Tilghman not only from the principles she is supposed to uphold, but also from the pragmatics of institutional giving and getting.

posted on July 2, 2008 8:29 AM




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Comments:

Maybe they could put this activity in the department that teaches advertising & public relations (sorry, "communications studies".) Or even in the law school. That way, they could avoid confusing advocacy with science.

Posted by: david foster at July 2, 2008 10:07 AM



I first clicked on "accepts" to look at the actual press release from Princeton, rather than the article by the Chronicle.

Princeton "accepts $100 million to combat global warming"? The Princeton release doesn't mention "global warming". The release does talk about "sustainable sources of energy, cleantech, healthy environment". Does anyone want to argue that these are bad things, bad things on which to do research? Please be my guest and see how far that goes with the public. (Speaking of cleantech, nuclear energy, anyone? Or in fact, Princeton has had engineers for years who have done research on improved efficiency and reduced pollution in combustion. Perhaps they will be able to get in on some of the loot.)

True, maybe Princeton's dippy president is misinterpreting the donor's intent. Maybe he is the one who's interests need protecting, maybe he should watch his wallet.

Now, if someone wants to come up with $100 million to finance "alternative" climate science, that might not be a bad thing to do. I'll bet they could even find a university or two that would be happy to have the program.

It wouldn't hurt for the global warming naysayers, those with money, if there are any, to put their money where their mouths are.

Posted by: Mike at July 2, 2008 11:33 AM



From the linked piece on Tulane/Newcomb College, which raised this Tulane Law alum's eyebrows, to say the least:

"...would-be heirs lack standing to sue to enforce conditions in a will or gift."

That's just outright incorrect, and moreover, absurd. First, the civil law has historically made conditional gifts enforceable both during a donor's lifetime and by testament after death, unlike the common law which has enforced conditional gifts in wills but regarded them during the giver's lifetime as unenforceable unilateral contracts. I have little doubt that the Louisiana Civil Code preserves these distinctions and that Tulane would be well aware of them, since Tulane's own law professors, Athanassi Yiannopolous and Cynthia Samuel, were the principal drafters of the Code's most recent comprehensive revision, and Professor Samuel is arguably the leading authority on civil-law successions in the western hemisphere.

Second, as I understand it, the civil law also does not follow the common law Rule Against Perpetuities, which means one CAN have enduring and enforceable dormant testamentary claims lasting decades or even centuries that "vest" into causes of action (I'm sure the civil-law terminology is something Latinate, but the idea is the same) when they're violated.

Finally, assuming all the rest is true, who else exactly but a would-be or putative heir, what the common law would call heirs-at-law, WOULD have standing to assert such claims? Otherwise, no one would and the claims would be meaningless. All I can see in terms of Tulane "winning" here was merely a remand for the trial court to inquire further into the narrow factual question of whether the plaintiffs really ARE such heirs, not whether they would have standing assuming they were.

"T]o grant [the plaintiffs’] requested remedy, this Court must reverse more than 150 years of Louisiana jurisprudence ... and expose Louisiana colleges and universities to an ocean of potential claims by distant descendants with no connection to the institution or the donor,” the American Council on Education wrote..."

The American Council on Education doesn't understand the civil law at all, so it shouldn't embarass itself like this.

Posted by: Dave J at July 2, 2008 12:44 PM



That's the Intergovernmental Panel on Climate Change -- not a big deal unless you need to google them to find www.ipcc.ch

Posted by: linda seebach at July 3, 2008 5:37 AM



Thanks, Linda! I've amended.

Posted by: Erin O'Connor at July 3, 2008 7:43 AM



In 1886, the donor at Tulane gave several million dollars (equivalent today to 25M) in memory of her daughter Josephine-Louise. She stipulated a "woman's college". Since 1886 there has been a woman's college at Tulane -Newcomb College. Now, in the 21st. century Tulane decides there should not be a woman's college but there should be a woman's study program or a woman's institute or whatever. Women for over 100 years have cherished their diplomas from "Newcomb College".

As for Princeton, maybe they should have been straight with Mr. Andlinger and told him in the beginning to keep his 100M because they were not interested in undertaking some ambiguous project.

Posted by: Maxver at July 3, 2008 12:56 PM





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