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Full-Text Articles in Law

The Charity In Bankruptcy And Ghosts Of Donors Past, Present, And Future (Symposium), Evelyn Brody Mar 2005

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 …


Charity Governance: What’S Trust Law Got To Do With It? (Symposium), Evelyn Brody Mar 2005

Charity Governance: What’S Trust Law Got To Do With It? (Symposium), Evelyn Brody

Evelyn Brody

No abstract provided.


Introduction To Symposium, Who Guards The Guardians?: Monitoring And Enforcement Of Charity Governance (With D. Reiser), Evelyn Brody Mar 2005

Introduction To Symposium, Who Guards The Guardians?: Monitoring And Enforcement Of Charity Governance (With D. Reiser), Evelyn Brody

Evelyn Brody

No abstract provided.


Dismissing The Class: A Practical Approach To The Class Action Restriction On The Legal Services Corporation, Joshua D. Blank, Eric A. Zacks Jan 2005

Dismissing The Class: A Practical Approach To The Class Action Restriction On The Legal Services Corporation, Joshua D. Blank, Eric A. Zacks

Law Faculty Research Publications

The class action lawsuit has emerged as an effective legal device for addressing common harms. Claimants who might not litigate their claims individually are empowered by the opportunity to speak with one voice. The class action device, however, has been made largely unavailable to legal services lawyers representing the poor. Congressional restrictions enacted in 1996 prohibit legal services organizations that receive federal funding from the Legal Services Corporation from using that funding to initiate or participate in any class action lawsuit. This article examines the social, legal and professional impact of the class action restriction on the Legal Services Corporation …


Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke Jan 2005

Looking For A Nexus Between Trust, Compassion, And Regulation: Colorado's Search For Standards Of Care For Private, Non-Profit Wildlife Sanctuaries, Katherine A. Burke

Animal Law Review

In 2004, the Colorado legislature amended its wildlife statutes, formally recognizing the existence of private, nonprofit wildlife sanctuaries under the jurisdiction of the Colorado Division of Wildlife (CDOW). Opponents to the 2004 amendments and CDOW staff have repeatedly expressed concerns that private sanctuaries should not be authorized in the absence of regulations and enforcement mechanisms sufficient to protect the animals and the people who come into contact with them. In implementing the sanctuary statute, CDOW has followed a familiar pattern, relying on the accreditation program of the American Association of Zoological Parks and Aquariums (AZA) to provide the basis of …


Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather Jan 2005

Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather

Kentucky Law Journal

No abstract provided.


Do Different Types Of Hospitals Act Differently?, Jill R. Horwitz Jan 2005

Do Different Types Of Hospitals Act Differently?, Jill R. Horwitz

Other Publications

This essay is based on testimony delivered before the U.S. House of Representatives Committee on Ways and Means on May 26, 2005.


The Common Law Power Of The Legislature: Insurer Conversions And Charitable Funds, Jill R. Horwitz, Marion R. Fremont-Smith Jan 2005

The Common Law Power Of The Legislature: Insurer Conversions And Charitable Funds, Jill R. Horwitz, Marion R. Fremont-Smith

Articles

New York's Empire Blue Ccoss and Blue Shield conversion from nonprofic cofor­ profic form has considerable legal significance. Three aspects of the conversion ma.ke checase unique: the role of the scace legislature in directing the disposicion of the conversion assets, che face chac it made itself che primary beneficiary of chose assets, and the actions of che scace attorney general defending the state rather than che public inceresc in che charitable assets. Drawing on several cenruries of common Law rejecting the Legislacive power to direct the disposition of charitable funds, chis article argues chat the legislature lacked power cocontrol che …