By: Erik W. Blasic*
Abstract
The fate of Confederate monuments is a nationally prominent issue. At its core, the debate about the removal of Confederate monuments evokes questions of values, national healing, and inclusivity. The action of removing public Confederate monuments symbolizes the rejection of systemic and historical racism in the United States.
But the struggle over Confederate monuments does not end with their removal. After a Confederate monument is removed, a community must decide what becomes of it. Communities who have dabbled in the postremoval process have found creative solutions. For example, removed Confederate monuments have been donated to museums, sent to national battlefields or cemeteries, or destroyed in their entirety. When choosing a procedure, communities should adhere to the post-removal objectives.
To ensure the objectives of the post-removal process are met, communities must consider the law surrounding different procedures, and the legal mechanisms which influence the operation of such procedures. Characteristics of these mechanisms either help or hinder communities’ efforts to achieve the post-removal objectives.
This Comment analyzes the law of trusts that influences one of the most popular post-removal procedures: donating Confederate monuments to museums. An analysis of the framework of charitable trusts reveals that the law sufficiently supports post-removal objectives when communities donate the monuments to museums. This Comment further recommends different ways the law could be strengthened to help effectuate the post-removal objectives.
* J.D. Candidate, The Pennsylvania State University School of Law, 2024.