Article on a Journey Through the Briar Patch: The Legal Implications of the Supreme Court of Virginia’s Holding at Com. ex rel. Bowyer v. Sweet Briar Institute

Joel Francis recently published an Article entitled, A Journey Through the Briar Patch: the Legal Implications of the Supreme Court of Virginia’s Holding at Com. Ex Rel. Bowyer V. Sweet Briar Institute, 11 Liberty U. L. Rev. 111 (2016). Provided below is an abstract of the Article:

This Note will advance four arguments to prove that the Court ruled on the legal status of Sweet Briar College. First, it will examine the background and history of Sweet Briar College’s formation and operation. Second, it will analyze the Virginia Uniform Trust Code and the Virginia Nonstock Corporation Act to illustrate the ways in which they are incompatible. Third, this Note will then apply the facts of Sweet Briar College’s formation and operation to the law. After these three steps, this Note will conclude that the Supreme Court of Virginia (1) knew that the two areas of law were incompatible and (2) essentially ruled upon the legal status of Sweet Briar College in its holding that “trust law can apply to a corporation.” Finally, this Note will provide an alternative theory that was not argued by either party to the litigation or considered by the Court, but which potentially solves Sweet Briar College’s legal conflicts.