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Hype And Hostility For Hybrid Companies: A Fourth Sector Case Study, Ryan J. Gaffney Oct 2012

Hype And Hostility For Hybrid Companies: A Fourth Sector Case Study, Ryan J. Gaffney

The Journal of Business, Entrepreneurship & the Law

The traditional three-sector ownership model of society grows outmoded. The prevalence of quasi-governmental agencies, public-private partnerships, and government bailouts blurs the line between the public and private sectors. Of concern to this article, however, is the blurring between the private and nonprofit sectors. The cross-pollination is so widespread that a call stands to amend the existing model with an “emerging fourth sector.” The social entrepreneurs attempting to bridge the gap between sectors face limitations from the outset of their venture; legislators did not design traditional legal entities for a “double bottom line” that includes social impact as well as profit. …


Charitable Organizations And Commercial Activity: A New Era - Will The Social Entrepreneurship Movement Force Change?, Jaclyn Cherry Oct 2012

Charitable Organizations And Commercial Activity: A New Era - Will The Social Entrepreneurship Movement Force Change?, Jaclyn Cherry

The Journal of Business, Entrepreneurship & the Law

It is no longer a new trend for charitable organizations to become involved in commercial activities. Thousands of nonprofit organizations have embraced the social entrepreneurial concept and have either created “commercial” type ventures as part of their nonprofits, have created spin-off organizations or subsidiary organizations, or have moved into the new area of hybrid organizations. Because there are no clear rules or guidelines for dealing with this issue, the third sector finds itself with rogue components and a spin-off group of hybrid organizations being loosely termed “social entrepreneurs.” Though these groups have grown in numbers in recent years, they have …


The Colorado Benefit Corporation Act’S Missed Opportunities, Eric Franklin Amarante Mar 2012

The Colorado Benefit Corporation Act’S Missed Opportunities, Eric Franklin Amarante

Scholarly Works

There is a global movement to encourage business entities to pursue social and environmental goals in addition to the traditional financial goals of for-profit entities. Current legal structures, however, make this difficult. To address this issue, the Colorado legislature will consider the Colorado Benefit Corporation Act (the “CBCA”). This article discusses how the CBCA addresses the two primary concerns of socially-responsible entrepreneurs – branding and the ability to pursue non-financial goals – and suggests changes that would greatly improve the CBCA’s effectiveness. This article begins by discussing the characteristics of traditional legal entities chosen by socially-responsible entrepreneurs, and details reasons …