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Articles 1 - 18 of 18
Full-Text Articles in Law
State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson
State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson
Law Faculty Scholarship
No abstract provided.
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Michigan Law Review
In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …
Getting A Grip On National Service: Key Organizational Features And Strategic Characteristics Of The National Service Corps (Americorps), Daniel E. Witte
Getting A Grip On National Service: Key Organizational Features And Strategic Characteristics Of The National Service Corps (Americorps), Daniel E. Witte
BYU Law Review
No abstract provided.
Hocking The Halo: Implications Of The Charities' Winning Briefs In Camps Newfound/Owatonna, Inc., Evelyn Brody
Hocking The Halo: Implications Of The Charities' Winning Briefs In Camps Newfound/Owatonna, Inc., Evelyn Brody
All Faculty Scholarship
In Camps Newfound/Owatonna, the petitioner charity – with important assistance from friends-of-the-court charities – persuaded the Supreme Court to overturn a Maine statute that granted property tax exemption only to those charities primarily serving state residents. Camps Newfound/Owatonna, Inc. v. Town of Harrison, 117 S. Ct. 1590 (1997). Given this statute's facial discrimination, why was victory a 5-4 squeaker? The charities naturally reasoned that coming within the Commerce Clause requires proving that charities engage in commerce (particularly interstate commerce). In their focus on the financial impact of the discriminatory statute, however, the charities never offered a positive construct of property-tax …
Introduction To Nonprofit Symposium Issue, Evelyn Brody
Introduction To Nonprofit Symposium Issue, Evelyn Brody
All Faculty Scholarship
No abstract provided.
Of Sovereignty And Subsidy: Conceptualizing The Charity Tax Exemption (Symposium), Evelyn Brody
Of Sovereignty And Subsidy: Conceptualizing The Charity Tax Exemption (Symposium), Evelyn Brody
All Faculty Scholarship
No abstract provided.
Of Sovereignty And Subsidy: Conceptualizing The Charity Tax Exemption, Evelyn Brody
Of Sovereignty And Subsidy: Conceptualizing The Charity Tax Exemption, Evelyn Brody
All Faculty Scholarship
This piece explores the broad financial relationship between the public and the charitable sectors. Tax exemption operates as a peculiar subsidy - offering the greatest benefits to charities carrying on the most profitable activities and owning the most valuable property. Perhaps, then, the property tax and income tax exemption of charities can be explained by a 'sovereign' view of the charitable sector. Resembling the federal tax treatment of state and local governments, exemption for charities respects the independence of the nonprofit sector, and minimizes the involvement of charities in the political process. Unfortunately, the long history of Anglo American philanthropy …
The Limits Of Charity Fiduciary Law, Evelyn Brody
The Limits Of Charity Fiduciary Law, Evelyn Brody
All Faculty Scholarship
Trustees of charitable trusts and directors of nonprofit corporations operate under legal regimes designed for their for-profit cousins. In the absence of private beneficiaries or shareholders to look after their own interests, however, charity fiduciaries frequently escape accountability for their self-dealing and neglect or mismanagement. Few charities have members endowed with voting rights, and state attorneys general have limited resources to devote to monitoring the nonprofit sector. Similarly, at the federal level, the Internal Revenue Service is a tax collector, not a policing agency (although its new powers to tax excess benefits will undoubtedly draw it further into charity operations). …
The Badinter Commission: The Use And Misuse Of The International Court Of Justice's Jurisprudence, Michla Pomerance
The Badinter Commission: The Use And Misuse Of The International Court Of Justice's Jurisprudence, Michla Pomerance
Michigan Journal of International Law
It has long been the dream of those anxious to increase the role of adjudication in international relations that the International Court of Justice ("ICJ," "International Court," or "the Court") would act in the international arena as a superior court-a forum whose pronouncements would nourish, sustain, and help unify the jurisprudence of other international tribunals, whether of an ad hoc or standing nature, and of national courts handling international law issues. In the context of self-determination, the Arbitration Commission of the European Community's Conference for Peace in Yugoslavia ("the Badinter Commission," "the Commission," or "the Arbitration Commission") would appear, at …
Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser
Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Title Ix's Collegiate Sports Application Raises Serious Questions Regarding The Role Of The Ncaa, 31 J. Marshall L. Rev. 1303 (1998), Darryl C. Wilson
Title Ix's Collegiate Sports Application Raises Serious Questions Regarding The Role Of The Ncaa, 31 J. Marshall L. Rev. 1303 (1998), Darryl C. Wilson
UIC Law Review
No abstract provided.
American Society Of Notaries: History Of A Legacy, 31 J. Marshall L. Rev. 1001 (1998), Lisa K. Fisher
American Society Of Notaries: History Of A Legacy, 31 J. Marshall L. Rev. 1001 (1998), Lisa K. Fisher
UIC Law Review
No abstract provided.
On The Sudden Loss Of A Human Rights Activist: A Tribute To Dr. Jonathan Mann's Use Of International Human Rights Law In The Global Battle Against Aids, 32 J. Marshall L. Rev. 129 (1998), Mark E. Wojcik
UIC Law Review
No abstract provided.
Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum
Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum
Michigan Journal of International Law
This article identifies particularly significant procedural issues that are arising in WTO dispute resolution and comments on the possible evolutionary paths of the law. This task requires that the article strike a balance between breadth of coverage and depth of coverage. As a result, the article does not aim to provide a complete discussion of all aspects of the WTO dispute resolution system and generally does not discuss issues that have not been addressed by WTO panels. The article does not seek to provide an exhaustive analysis of each issue discussed, and therefore deals briefly with the background under the …
The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis
The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis
UIC Law Review
No abstract provided.
The Legal Standard Of Care For Notaries And Their Employers, 31 J. Marshall L. Rev. 735 (1998), Gerald Haberkorn, Julie Z. Wulf
The Legal Standard Of Care For Notaries And Their Employers, 31 J. Marshall L. Rev. 735 (1998), Gerald Haberkorn, Julie Z. Wulf
UIC Law Review
No abstract provided.
The National Notary Association: A Historical Profile, 31 J. Marshall L. Rev. 971 (1998), Milton G. Valera
The National Notary Association: A Historical Profile, 31 J. Marshall L. Rev. 971 (1998), Milton G. Valera
UIC Law Review
No abstract provided.
Checkpoints On The Conversion Highway: Some Trouble Spots In The Conversion Of Nonprofit Health Care Organizations To For-Profit Status, James J. Fishman
Checkpoints On The Conversion Highway: Some Trouble Spots In The Conversion Of Nonprofit Health Care Organizations To For-Profit Status, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This essay does not address the truly important policy issues: whether for-profit healthcare should be allowed or encouraged; how the quality of care compares to nonprofits or what criteria should be used to evaluate the quality of care; or what the impact of these conversions is on the communities they serve. It discusses less significant issues: those of process—how can we shape and control this tidal wave of change so that the public will be served and charitable assets preserved to the maximum extent possible? The focus is upon the valuation of these charitable assets; the appropriate process of conversion; …