Law Commons^™

How Much Do Investors Care About Social Responsibility?, Scott Hirst, Kobi Kastiel, Tamar Kricheli-Katz

Faculty Scholarship

Perhaps the most important corporate law debate over the last several years concerns whether directors and executives should manage the corporation to maximize value for investors or also take into account the interests of other stakeholders and society. But, do investors themselves wish to maximize returns, or are they willing to forgo returns for social purposes? And more broadly, do market participants, such as investors and consumers, differ from donors in the ways in which they prioritize monetary gains and the promotion of social goals?

This project attempts to answer these questions with evidence from an experiment conducted with 279 …

Law School News: Rwu Law Receives Major Gift & Matching Challenge To Launch Scholarship Supporting Diverse Students, Public Interest Careers 02/22/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Sb 361: Law Enforcement Strategic Support Act, Adenike Tijani, Adelarin Yemi-Sofumade

Georgia State University Law Review

This Act provides a new income tax credit for individuals, LLC members, partnership partners, and S-corporation shareholders ranging from $5,000-$10,000 for donations to law enforcement foundations, defined as domestic nonprofit corporations with the sole function of supporting local law enforcement units. The Act caps credits for all taxpayers at $75 million per year.

The Role Of The Jordanian Income Tax Law (Jitl) In Supporting Charity Work: A Comparative Study, Ibrahim Kamel Al-Shawabkeh

UAEU Law Journal

Comparative income tax laws in most states recognize the importance of charity association as a model of charitable and voluntary work and its crucial role in providing essential services and goods to individuals. Such recognition has been manifested in granting these associations a favorable tax treatment regarding their incomes and donations received by the. This paper seeks to explore and examine the extent to which the (JITL) has succeeded in adopting an incentive policy which supports and encourages the charity and voluntary services especially; in light of the current difficult economic social circumstances in Jordan .The paper examines the theoretical …

The Legal College Admissions Scandal: How The Wealthy Purchase College Admission To The Nation's Elite, Private Universities Through Donations, Gabrielle Wilson

BYU Education & Law Journal

This Article targets the issue of purchasing admissions to elite, private universities through legal, albeit manipulative donations. It will identify the harms purchasing admissions poses to the higher education system, as well as offer an analysis of some of the potential legal remedies to the issues. While the legal community tends to favor bright-line rules and perfect solutions, this Article does not aim to provide a magic potion that would act as a cure-all. Rather, this Article calls upon the legal community to recognize an issue afflicting higher education and to assert that a legal solution is not impossible. As …

Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.

Curbing (Or Not) Foreign Influence On U.S. Politics And Policies Through The Federal Taxation Of Charities, Johnny Rex Buckles

Maryland Law Review

No abstract provided.

Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy

Faculty Articles

Though the American legal system is deferential toward religion and churches, it is undeniable that the Church of Latter-day Saints-and other like organizations-are not just churches. They are, instead, important participants in the market economy, some of them global business enterprises of major proportions. This twinning of profit and spirit is seamless for many religions, with numerous modem churches preaching a "prosperity gospel" that promises spiritual and temporal blessings in return for donations."' Still other churches-such as the Church of Scientology-directly charge for religious services that are "necessary" for spiritual improvement and advancement in the church hierarchy. And still others …

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Erwin Chemerinsky

No abstract provided.

Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz

Law School Blogs

No abstract provided.

Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke

Journal of Law and Policy

In Chevron Corp. v. Steven Donziger, the Southern District of New York granted Chevron an injunction against Donziger under the Racketeer Influenced and Corrupt Organizations (RICO) Act, preventing the enforcement of an Ecuadorean judgment against it in the United States. This Note discusses the circuit court split on whether injunctive relief may be granted in a civil RICO suit, arguing that injunctive relief is an available remedy within the statute’s plain meaning, legislative intent, and evolving jurisprudence of civil RICO. The Note applies the Donziger interpretation of RICO to a case of a similarly corrupted judgment, Caperton v. A.T. Massey …

Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke

Journal of Law and Policy

In Chevron Corp. v. Steven Donziger, the Southern District of New York granted Chevron an injunction against Donziger under the Racketeer Influenced and Corrupt Organizations (RICO) Act, preventing the enforcement of an Ecuadorean judgment against it in the United States. This Note discusses the circuit court split on whether injunctive relief may be granted in a civil RICO suit, arguing that injunctive relief is an available remedy within the statute’s plain meaning, legislative intent, and evolving jurisprudence of civil RICO. The Note applies the Donziger interpretation of RICO to a case of a similarly corrupted judgment, Caperton v. A.T. Massey …

Saving The World, One Cadillac At A Time: What Can Be Done When A Religious Or Chartiable Organization Commits Solicitation Fraud?, Nicholas Barborak

Akron Law Review

Recognizing that controversies involving religious and charitable organizations have puzzled the courts throughout this century, this paper will examine specific instances of religious and charitable fraud. It will discuss the potential remedies that are available by donors who fall victim to the perpetrators of this fraud. Finally this paper will suggest a more feasible method by which victims may recover than the conventional approaches.

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Touro Law Review

No abstract provided.

Standing In The Shadow Of Tax Exceptionalism: Expanding Access To Judicial Review Of Federal Agency Rules, Lynn D. Lu

Publications and Research

No abstract provided.

Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino

Scholarly Works

Grateful patient fundraising, defined as the solicitation of philanthropic donations by health care providers from current and former patients, raises a number of legal and ethical issues. Elsewhere, I detailed the confidentiality issues raised by the use and disclosure of patient identifiable information by hospital development officers, major gifts officers, institutionally-related foundations, and commercial fundraisers, and proposed corrections to federal health information confidentiality regulations to better balance the competing aims of health care philanthropy and health information confidentiality. In this Article, I analyze several outstanding issues raised by physician involvement in grateful patient fundraising. That is, physicians who solicit philanthropic …

Defining Corruption And Constitutionalizing Democracy, Deborah Hellman

Michigan Law Review

The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on the giving and spending of money in connection with elections only when they serve to avoid corruption or the appearance of corruption. The constitutionality of such laws, therefore, depends on how the Court defines corruption. Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly. While supporters and critics of campaign finance laws have argued for and against these different formulations, both sides …

S12rs Sgr No. 40 (North Gate Fest Fun Run), Vincent

Student Senate Enrolled Legislation

No abstract provided.

Incentives For Conservation Easements: The Charitable Deduction Or A Better Way , Daniel Halperin

Law and Contemporary Problems

Halperin talks about tax-policy concerns relating to the charitable deduction for conservation easement donations. The conflict of interest between charity and other owners raises a concern that the charitable deduction would not reflect the ultimate charitable benefit. The deduction for conservation easements is the principal exception to this rule despite the significant potential for abuse and the distinct possibility that the public benefit may be less than anticipated.

Gifts And The Income Tax—An Enduring Puzzle, Richard Schmalbeck

Law and Contemporary Problems

Schmalbeck explains that there are four policy options for the combined income tax treatment of a donor-donee pair, and that the best choice among the options is not self-evident. He notes that the current income tax treatment of noncharitable gifts originated with the 1913 income tax. The historical record provides no clues as to why Congress opted for that approach in 1913. As frustrating as this may be, it is an example of an important phenomenon in the development of the income tax. A number of crucial structural decisions made in the early days of the income tax, which continue …

The Attack On Nonprofit Status: A Charitable Assessment, James R. Hines Jr., Jill R. Horwitz, Austin Nichols

Articles

American nonprofit organizations receive favorable tax treatment, including tax exemptions and tax-deductibility of contributions, in return for their devotion to charitable purposes and restrictions not to distribute profits. Recent efforts to extend some or all of these tax benefits to for-profit companies making social investments, including the creation of the new hybrid nonprofit/for-profit company form known as the Low-Profit Limited Liability Company, threaten to undermine the vitality of the nonprofit sector and the integrity of the tax system. Reform advocates maintain that the ability to compensate executives based on performance and to distribute profits when attractive investment opportunities are scarce …

Redefining Stewardship Over Body Parts , Elizabeth E. Appel Blue

Journal of Law and Health

This paper proposes one possible avenue for defining a framework to address body parts. I begin with the presumption that given the increasing use of body parts outside of our bodies, either after death or during life, society requires a framework with institutions and rules to govern our body parts. Yet there is no settled framework. Much of the controversy over differing approaches stems from whether people should be able to sell body parts. Thus, each potential framework implicitly addresses the question of monetary value. While multiple possibilities exist, the predominant models are (1) property, most often meaning ownership that …

The Same Side Of Two Coins: The Peculiar Phenomenon Of Bet-Hedging In Campaign Finance, Jason Cohen

Northern Illinois University Law Review

This paper addresses the propensity of large donors to make financial contributions to competing candidates or party organizations during the same election cycle--for example, giving money to both Bush and Kerry during the 2004 presidential race. This practice, here termed "'bet-hedging," is analyzed in strategic and game-theoretic terms. The paper explores the prevalence of bet-hedging, the possible motivations behind the practice, and the informational concerns surrounding it. Bet-hedging, above all other donation practices, carries a unique implication of ex post favor-seeking. A donor who prefers one side over the other at least partially cancels out its own contribution by hedging …

Charity, Publicity, And The Donation Registry, Brian Broughman, Robert Cooter

Articles by Maurer Faculty

Many Americans donate little or nothing to charity, but according to Robert Cooter and Brian Broughman, our social environment is the cause, not human nature. They propose a small policy change to increase transparency and elicit generosity inspired by experimental evidence about the nature of giving.

When Charitable Gifts Soar Above Twin Towers: A Federal Income Tax Solution To The Problem Of Publicly Solicited Surplus Donations Raised For A Designated Charitable Purpose, Johnny Rex Buckles

Fordham Law Review

No abstract provided.

Gifts, Gafts And Gefts: The Income Tax Definition And Treatment Of Private And Charitable 'Gifts' And A Principled Policy Justification For The Exclusion Of Gifts From Income, Douglas A. Kahn, Jeffrey H. Kahn

Articles

Gifts have been given special treatment by the income tax laws since the first post-16th Amendment tax statute was adopted in 1913. The determination of how the income tax law should treat gifts raises a number of issues. For example: should gifts be given special treatment? If so, what should qualify as a gift? Should gifts to a private party be taxable to the donee? Should gifts to a private party be deductible by the donor? Should the donee's basis in a gift of property be determined by reference to the basis that the donor had, and should any modifications …

Avoiding Malpractice Traps In Noncash Charitable Contributions, Francine J. Lipman

Francine J. Lipman

Substance usually rules over form, but form is a very necessary and critical component of any tax practice. This maxim is especially true when taxpayers claim tax deductions for the FMV of their noncash charitable contributions. As the recent Tax Court decision in Hewitt v. Commissioner, 109 T.C. 258 (1997), and that decision's subsequent affirmation, 166 F.3d 332, 98-2 U.S.T.C. (CCH) P50,880 (4th Cir. 1998), demonstrate, taxpayers must follow very detailed and technical rules to substantiate deductions for charitable contributions of property. The Internal Revenue Service and the courts have confirmed that unless taxpayers (and their tax attorneys) follow the …

The Michigan Law Quadrangle: Architecture And Origins, Kathryn Horste

About the Buildings

The Michigan Law Quadrangle: Architecture and Origins is intended to combine elements of a history and a guidebook. For those students, alumni, and visitors to Ann Arbor who have long admired the sequestered spaces and the noble corridors ofthe Quadrangle, the book is meant to answer some ofthe many questions that come to mind about its historical styles and the significance of its rich decorations, as well as to serve as a ready source book for those encountering the Quadrangle for the first time. Chapters 2 and 3 recount the history of the Quadrangle as a construction project and the …

The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson

Faculty Publications

No abstract provided.