United States Trust Research Articles

The Dual Standard of Review in Contracts Clause Jurisprudence: A Partial Defense

It seems obvious that there is something suspicious about a state entering into a contract only to later use its legislative power to escape from fulfilling that obligation. When the government enters into contracts, it binds itself according to the dictates of private law but, nevertheless, remains the sovereign. How can a space be preserved wherein a legislature can exercise its authority for the common good while simultaneously being bound to abide by agreements it made at an earlier time? This is the dilemma posed in a narrow band of Contracts Clause jurisprudence that culminates in United States Trust Co. of New York v. New Jersey. In that case, the Supreme Court attempted to solve the dilemma by reviewing a legislature’s repudiations of its own contracts with heightened scrutiny. Legislative repudiations of private agreements, though, would be accorded substantially more deference. This “dual standard of review” was justified by a reference to the “State’s self-interest” in altering or repudiating its own obligations. This all seems like good common sense, and since the promulgation of the doctrine, it has been continuously reaffirmed and supported by the Court. Despite this judicial consensus, the doctrine has been the subject of fierce criticism from the legal academy (with very few defenders). This Note will contribute to the debate about this doctrine and will conclude that it is entirely defensible. In the contemporary era, government contracting has become more prevalent than ever, and the government is again involved in alleviating the economy through various financial involvements. A sympathetic reassessment of the dual standard is appropriate and will hopefully inform the inevitable litigation following this recent recession. Part I will discuss the historical and doctrinal background of the Contracts Clause and the dual standard of review. This will set the stage for a presentation of the major academic critiques of the doctrine in Part II. These include critiques from the standpoints of trusteeship and public choice theory, as well as the criticism that the dual standard is underinclusive. Part III will assess the strength of these objections and reveal important weaknesses of those objections. Then, Part IV will present a substantive defense of the doctrine, suggest- ing that the proper interpretation of United States Trust, given both the text of the opinion and the doctrinal context in which the dual standard is expected to be applied, is that there is an implied limitation to the theory: it is meant to be employed only in cases of “purely financial” public contracts. Part V makes a case for why this implied limitation makes good sense, in that there are features peculiar to the financial context that make heightened scrutiny especially appropriate.

Exhibitionary Complexity: Reconsidering Museums’ Cultural Authority

People in the United States trust museums, implicitly granting them tremendous authority to guide us through unfamiliar places and eras, to tell us the truth about our world and ourselves. In May 200 1 , survey sponsored by the American Association of Museums revealed that at least 80 percent of every demographic group measured believed museums were more trustworthy source of objective information than books or television.1 In the late 1980s, as museum studies programs proliferated and the culture wars burned through campuses and Congress, scholars began to investigate how and why museums wielded this cultural power. By the early 1990s, an academic master narrative of museum history had emerged: museums derived their authority from the consolidated liberal state, which employed them to inculcate an uneducated public with self-serving ideologies and to reinforce existing social and political hegemonies. At the same time, Australian cultural critic Tony Bennett developed more sophisticated version of this theory: an exhibitionary complex his term for the constellation of expositions, department stores, and museums in nineteenth-century Europe and North America provided public spaces and modes of classification that helped the masses become a voluntary, selfregulating citizenry.2 In the last several years, these overarching storylines have fractured. Museum studies scholars have become more determinedly historical, trading broad theoretical categories for the disarray of contingency and context, and have

Excellence Is a Necessity, Not a Luxury

THE CENTRAL THEME in both feature articles in this issue is the need to embrace measurements in the healthcare industry. This supports not only my personal belief as a physician and healthcare leader but also the philosophy of the entire CHRISTUS Health system: if you cannot measure it, you should not do it. We believe that if you cannot measure it, you will never know if you achieved your goal, you cannot hold anyone accountable for the task, and you will not be energized by knowing that you did, in fact, cross the finish line. Healthcare is complex, so the energy received from celebrating the incremental victories is to continue on a journey to excellence. THE IMPORTANCE OF SUPPORTING QUALITY MEASUREMENT Although the multiple reasons for supporting measurements of quality of care are well articulated in both articles, the primary reason for supporting measurements must be that excellence in healthcare can only be achieved if benchmark, best-practice processes are implemented and if benchmark, evidence-based outcomes are achieved. Ultimately, healthcare leaders must firmly embrace the belief that-for all patients and families who enter our doors-excellence is not a but a necessity. This commitment to measurement, which is a major driver to excellence, will be constant and complete if we always remember that the millions of people who enter the doors of our clinics, hospitals, and outpatient procedure centers each day in the United States trust us, the healthcare providers, enough to surrender their lives or the lives of their loved ones to us. What an awesome responsibility we have! Measuring our quality outcomes is the only way to fulfill this responsibility and to prove that their trust in us is justified. It is clear, somewhat contrary to the statement in the summary of the article by Patrice Spath, that the value of performance data is not in question. What is in question is the value of outdated data, inconsistent data, and inaccessible data, all of which are clearly illustrated, referenced, and discussed. If all physicians, nurses, and other healthcare providers were completely honest, they would admit that using evidence-based treatment protocols is the best way to ensure that a positive outcome will be achieved for each and every patient. All clinicians know that the best outcomes are achieved when consistency is applied to the care process. They also know that care processes depend on the review of accurate diagnostic data, including radiology and laboratory results. And finally, they know that the best way to achieve consistently excellent outcomes is to constantly compare their outcomes to those of their peers. Is not the common thread in all three of these truths the recognition that success in achieving excellent clinical outcomes depends on the intense collection and reviews of measurements? QUALITY MUST REMAIN AN ESSENTIAL GOAL Although both articles appropriately describe many present-day barriers to achieving quality through measurement, the program Ron Anderson, Ruben Amarasingham, and S. Sue Pickens describe at Parkland Health & Hospital System clearly delineates what can be accomplished if the quest for quality becomes an institutional imperative. With such an imperative embraced as an essential and not a luxury, the barriers, if not eradicated, are minimized to a level that they are surmountable. More consistency and standardization replace no consistency. Regular collection of data replaces spotty reporting. Voluntary transparency replaces mandatory reporting. Two-year-old data as reported on governmental Web pages are replaced with current data on the health system's Web page. Mandatory collection of data is supported while computer-based programs are being created, and consumer-friendly methodology of data access and interpretation replace cumbersome governmental sites, which often deter high utilization. EXCELLENCE IN ALL AREAS IS NECESSARY AND ATTAINABLE Although it is obvious that these articles deal first and foremost with the issue of clinical quality measurement and implementation, one of the tenets strongly held by CHRISTUS leadership is that improvement in an organization must take place on several fronts at once. …

Legislating Social Order: An Example from the Yap Islands

The Yap group, consisting of four large and six small islands located in the Western Caroline Islands chain, is currently administered as part of the United States Trust Territory of the Pacific. The group is located approximately 6650 kilometres south-west of San Francisco, 1850 kilometres south-east of Manila and 1450 kilometres north of Papua NewGuinea. Yap's ninety-five square kilometres are inhabited by 4438 Yapese and several hundred non-Y apese (1973 Census). Political and economic developments in the United States Trust Territory during the past twenty years have caused significant changes in Yap's traditional social order. During the late 1970s in a move toward greater political decentralization, the United States consented to allow various island groups to adopt their own governing charters and/or constitutions. These documents appear as an attempt to resolve the dilemma Micronesians are encountering in their world where new ways of life have rapidly outpaced traditions. Such endeavours to legislate traditions, including existing forms of social stratification, prove an interesting study in Yap, often considered the most stratified of all Micronesian societies.1

Revival of the Contract Clause: Allied Structural Steel Co. v. Spannaus and United States Trust Co. v. New Jersey

Revival of the Contract Clause: Allied Structural Steel Co. v. Spannaus and United States Trust Co. v. New Jersey

Report of the Trustees and of the Treasurer (28 December 1971)

THE MANAGING TRUSTEE, Mr. Gordon N. Ray, has asked me to present to you the Report of the Trustees on the status of the MLA endowment funds at the end of the 1970–71 fiscal year. At the close of that period (31 August 1971) the market value of our securities stood at $249,000, compared with $202,000 the year before. The Trustees have approved the actions of the United States Trust Company in the management of the funds.1

Report of the Trustees and of the Treasurer

THE Managing Trustee, Mr. Gordon N. Ray, has asked me to present to you the Report of the Trustees on the status of the MLA endowment funds at the end of the 1968–69 fiscal year. At the close of that period (31 August 1969) the market value of our securities stood at $248,274, compared with $264,763 the year before. The Trustees have approved the actions of the United States Trust Company in the management of the funds.1

The Report of the Trustees and of the Treasurer

Our managing Trustee, Mr. Frederick B. Adams, Jr., has asked me to present to you the Report of the Trustees. At the close of the fiscal year the market value of our securities stood at $264,668, against some $259,000 for the previous year. The income from the fund this year came to $5,335, as against $8,200 for 1964. Some of the discrepancy here is attributable to our reporting, this time, an eleven-month year. Our fiscal year now ends 31 August, giving us an extra month to be audited and to prepare for the annual meeting. The income from the securities is distributed, under the bylaws, over the three endowment funds. The Trustees have approved the actions of the United States Trust Company in the management of the funds.

Effects of Nuclear Explosions on Pacific Islanders

because of the potential danger from radioactive fallout to mankind in general. This article is directed more narrowly to the effects of nuclear experiments and radiation on Pacific islanders, with special reference to the inhabitants of the Marshall Archipelago in the United States Trust Territory, where the most devastating lethal weapons have been detonated. This group of 34 atolls is spread over an ocean area covering some 100,000 square miles, but comprises a total land area of less than 70 square miles. According to estimates based on the United States Commercial Company Survey of 1946, there are 1,156 islands in the Marshalls as compared with 963 in the Carolines, and 22 in the Marianas. Seventy per cent of the land is arable as compared with 40 per cent in the East Carolines, 28 per cent in the West Carolines, and 45 per cent in the Marianas.' Marshallese social and traditional political structure is built around a system of matrilineal land tenure and clan membership. While there is very little individual ownership of

Nests and Eggs of the Birds of the Truk Islands

Nests and Eggs of the Birds of the Truk Islands Get access John H. Brandt John H. Brandt Truk, East Caroline Islands, United States Trust Territory of the Pacific Islands Search for other works by this author on: Oxford Academic Google Scholar The Condor, Volume 64, Issue 5, September 1962, Pages 416–437, https://doi.org/10.2307/1365549 Published: 01 September 1962

Income Taxes. Estates and Trusts. Tax Treaty Exempts United States Trust from Tax on Nondistributable Capital Gains When Beneficiaries Reside in United Kingdom. American Trust Co. v. Smyth (9th Cir. 1957)

Income Taxes. Estates and Trusts. Tax Treaty Exempts United States Trust from Tax on Nondistributable Capital Gains When Beneficiaries Reside in United Kingdom. American Trust Co. v. Smyth (9th Cir. 1957)

Micronesian Islands Under United States Trusteeship: Demographic Paradox

Micronesia is a descriptive name for the many tiny volcanic islands and coral atolls scattered throughout the Southwest Pacific east of the Philippines and Taiwan north of New Guinea and Melanesia west of Polynesia and south of the Bonin Islands. The United States Trust Territory covers some three million square miles of this area reaching from 10° to 20° N from 130° to 170° E. It includes the Marianas (except Guam) the Carolines and the Marshalls. Land and people are virtually lost within the expanse of the Pacific so much so that many bits of land were long undiscovered or once discovered were largely ignored during the early period of Pacific expansion. Freedom from history ended as technologies redefined space for bits of land that were too poor to attract conquest and settlement for economic exploitation became convenient ports of call for trading vessels and whaling ships that required food and water. As the nineteenth century developed the tiny islands became more and more intermeshed in the political and economic maneuvers of the imperial powers contending for the remaining unallocated areas of the Pacific. With the defeat of Spain at the end of the century the Pacific areas that did not pass to the United States were sold to Germany and were ruled together with her other Micronesian areas as adjuncts to New Guinea. Imperial Germany lost the islands in 1914 before the conquest of the air had revealed the potentialities of the pin points of solid land that dotted the Pacific expanse from San Francisco to Manila from Sydney to Tokyo. Imperial Japan received the islands as a mandate from the League of Nations and after a period indecision in the twenties moved rapidly forward during the thirties on the militarization that was to etch indelibly in the history of the United States such names as Kwajalein Eniwetok Saipan and Tinian. (excerpt)

The Economic Geography of a Micronesian Atoll

A s an incidental result of World War II the United States acquired a new island-strewn domain in the mid-Pacific. Sometimes popularly referred to as American Micronesia, the area coming under American control is now officially known as the United States Trust Territory of the Pacific Islands. Though the general facts are known regarding the trade of the islands there have been heretofore no detailed studies of their economic geography. The purpose of this paper is to present such a detailed study of one element of American Micronesia-Mokil, an island group in the eastern Carolines. The land area represented by all of the islands of the Trust Territory together is small and Mokil forms only a tiny fraction of this land area. But it is only through the detailed study of such unit areas here and there throughout American Micronesia that a reliable over-all picture can be obtained of America's new island charges in the Pacific. In addition to its significance as a unit of the newly acquired island empire, Mokil is representative of a class of island clusters that is widely distributed throughout the tropical Pacific, the atoll. Since people behave differently even in similar natural environments, no atoll can be considered typical of all atolls in its economic geography. But atolls as a class are remarkably uniform in their physical characteristics and especially in the limitations they impose upon human occupance, and one cannot fail to be impressed by observable similarities even in the human phases of geography as one atoll after another is visited. The present study in addition to the information it contains regarding Mokil, an element of American Micronesia, is presented as a contribution to the economic geography of Pacific atolls as a class.

The United States Trust Territory of the Pacific Islands

The United States Trust Territory of the Pacific Islands

Trusts. Deposits in Banks. Death of Beneficiaries. Effect. In re United States Trust Co. of New York, 102 N. Y. Supp. 271. ipso facto

Trusts. Deposits in Banks. Death of Beneficiaries. Effect. In re United States Trust Co. of New York, 102 N. Y. Supp. 271. ipso facto