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Articles 1 - 30 of 32
Full-Text Articles in Law
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). …
Book Review (Reviewing, Richard N. Haas, The Reluctant Sheriff: The United States After The Cold War, Henry H. Perritt Jr.
Book Review (Reviewing, Richard N. Haas, The Reluctant Sheriff: The United States After The Cold War, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Electronic Freedom Of Information, Henry H. Perritt Jr.
Electronic Freedom Of Information, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Internet Is Changing International Law, Henry H. Perritt Jr.
The Internet Is Changing International Law, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen
The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen
All Faculty Scholarship
This Article provides a normative framework that seeks to answer the questions of when and to what extent society should allow "dissident" communities to opt out of general culture and govern themselves. It surveys a number of such groups and develops an ideal typical conception of the ideology that drives them. Drawing on John Rawls' Political Liberalism, the Article then argues that foundational liberal commitments require that society grant most of these communities far greater powers to self-govern than currently are allowed under the law, subject to certain limits that the Article identifies. The Article then applies its framework to …
All You Really Need To Know About Subchapter J You Learned From This Article, Jeffrey G. Sherman
All You Really Need To Know About Subchapter J You Learned From This Article, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
An Historical Analysis Of The Binding Effect Of Class Suits (Co-Authored With G. Hazard Jr. & J. Gedid), Stephen D. Sowle
An Historical Analysis Of The Binding Effect Of Class Suits (Co-Authored With G. Hazard Jr. & J. Gedid), Stephen D. Sowle
All Faculty Scholarship
No abstract provided.
Teaching Law With Computers (With Richard Warner & Will Sadler), Stephen D. Sowle
Teaching Law With Computers (With Richard Warner & Will Sadler), Stephen D. Sowle
All Faculty Scholarship
No abstract provided.
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan E. Steinman
The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Notes On Notes, Margaret G. Stewart
Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock
Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Teaching Law With Computers, Richard Warner
Teaching Law With Computers, Richard Warner
All Faculty Scholarship
No abstract provided.
Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho
Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho
All Faculty Scholarship
No abstract provided.
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
All Faculty Scholarship
Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …
Foreword: The Legacy Of Chancellor Kent, Harold J. Krent
Foreword: The Legacy Of Chancellor Kent, Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Supreme Court As An Enforcement Agency, Harold J. Krent
The Supreme Court As An Enforcement Agency, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Fathers And Parental Leave Revisited, Martin H. Malin
Fathers And Parental Leave Revisited, Martin H. Malin
All Faculty Scholarship
No abstract provided.
Juries And Damages: A Commentary, Nancy S. Marder
Juries And Damages: A Commentary, Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Adoption, Reproductive Technologies And Genetic Information, Lori B. Andrews
Adoption, Reproductive Technologies And Genetic Information, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Is There A Right To Clone? Constitutional Challenges To Bans On Human Cloning, Lori B. Andrews
Is There A Right To Clone? Constitutional Challenges To Bans On Human Cloning, Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Do The Dead Have Interests? Policy Issues For Research After Life (With D. Nelkin), Lori B. Andrews
Do The Dead Have Interests? Policy Issues For Research After Life (With D. Nelkin), Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Nationality And Internationality In International Humanitarian Law, Bartram Brown
Nationality And Internationality In International Humanitarian Law, Bartram Brown
All Faculty Scholarship
No abstract provided.
Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown
Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown
All Faculty Scholarship
No abstract provided.