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Full-Text Articles in Law
Charitable Accountability And Reform In Nineteenth-Century England: The Case Of The Charity Commission, James J. Fishman
Charitable Accountability And Reform In Nineteenth-Century England: The Case Of The Charity Commission, James J. Fishman
Chicago-Kent Law Review
Fraudulent behavior by charitable fiduciaries brings universal condemnation. However, disapprobation by itself never has translated into an efficient system for the accountability of charitable assets. This Article examines the nineteenth-century struggle to form a charity commission to oversee English charitable endowments and the ultimately disappointing result. Administrative reform can have an interminable germination as the creation of the Charity Commission demonstrates. Even though the need for reform of charitable trust administration was long recognized and a consensus reached on the structure of the oversight body though not its scope, the resulting agency came under almost immediate criticism and was disliked, …
Charity Governance: What's Trust Law Got To Do With It?, Evelyn Brody
Charity Governance: What's Trust Law Got To Do With It?, Evelyn Brody
Chicago-Kent Law Review
The traditionally distinct regimes for governing charitable trusts and nonprofit corporations have been conforming. At the same time, by continuing to make distinctions based on organizational form rather than structure and operations, we might be asking the wrong questions. To what extent do trusts and corporations have irreducible legal differences? Key issues that initially appear unique to trust law on closer inspection turn out to apply to some or all corporate charities—and corporate doctrine might be more appropriate for charitable trusts having a broad governing board, In the end, the distinction between "trust law" and "corporate law" might make less …
New Charity Regulation Proposals For England And Wales: Overdue Or Overdone?, Debra Morris
New Charity Regulation Proposals For England And Wales: Overdue Or Overdone?, Debra Morris
Chicago-Kent Law Review
One of the most important aspects of modern governance of any organisation, whether a charity, a commercial entity or a governmental department is the emphasis on greater openness and accountability. This is partly a response to a breakdown of trust in government processes, which is evident, for example, in the intense media scrutiny of the decision to go to war with Iraq. It is also a response to the breakdown in trust in commercial governance and professional self-regulation, as demonstrated, for example, by the collapses of Enron in the USA and what might yet be regarded as its European counterpart, …