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The Charity In Bankruptcy And Ghosts Of Donors Past, Present, And Future (Symposium), Evelyn Brody
The Charity In Bankruptcy And Ghosts Of Donors Past, Present, And Future (Symposium), Evelyn Brody
Evelyn Brody
The bankruptcy of a charity represents the clash of two policy regimes: charity law's willingness to preserve assets for the public purpose determined by the donor as against bankruptcy law's desire to maximize assets for distribution to creditors. As a general rule, assets will be distributed to creditors; as the courts say, 'a man must be just before he is generous.' However, when a charitable donee goes out of existence or otherwise becomes unable to perform a charitable trust or restricted gift, the courts will try to identify those charitable assets that are restricted in such a manner that they …
Introduction To Symposium, Who Guards The Guardians?: Monitoring And Enforcement Of Charity Governance (With D. Reiser), Evelyn Brody
Introduction To Symposium, Who Guards The Guardians?: Monitoring And Enforcement Of Charity Governance (With D. Reiser), Evelyn Brody
Evelyn Brody
No abstract provided.
A Separate Crime Of Reckless Sex, Katharine K. Baker
A Separate Crime Of Reckless Sex, Katharine K. Baker
Katharine K. Baker
This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …