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Nonprofit Organizations Law Commons

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The Vatican View On Sport At The Service Of Humanity, Ed Edmonds 2018 University of Notre Dame

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Notre Dame Journal of International & Comparative Law

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and ...


Montana Environmental Information Center V. U.S. Office Of Surface Mining, Lowell J. Chandler 2018 Alexander Blewett III School of Law at the University of Montana

Montana Environmental Information Center V. U.S. Office Of Surface Mining, Lowell J. Chandler

Public Land and Resources Law Review

In MEIC v. U.S. Office of Surface Mining, the cost of coal mining’s climate impacts and the agency’s NEPA review obligations are at issue. The United States District Court for the District of Montana found that the Office of Surface Mining and Enforcement failed to adequately consider the need for an EIS and to take a hard look at the indirect, cumulative, and foreseeable impacts of a proposed coal mine expansion in central Montana. In its NEPA analysis, the court concluded that if the benefits of a carbon-intensive project are quantified, then the costs to the climate ...


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration and Refugee Clinical Program 2018 Texas A&M University School of Law

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


Newsroom: From Farm To School 1-2-2018, Roger Williams University School of Law 2018 Roger Williams University

Newsroom: From Farm To School 1-2-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Governance Issues For Non-Profit Religious Organizations, Jill S. Manny 2017 St. John's University School of Law

Governance Issues For Non-Profit Religious Organizations, Jill S. Manny

The Catholic Lawyer

No abstract provided.


The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer 2017 University of Maine School of Law

The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer

Maine Law Review

In 2006, I spent three months in Ulaanbaatar, Mongolia working as an environmental lawyer with a small Mongolian human rights group called the Center for Human Rights and Development (CHRD). CHRD was working to stop human trafficking, promote human rights, and protect the environment in the face of extreme poverty, government secrecy, corruption, and a post-Soviet government dominated by former members of the Communist party. During my time assisting the staff at CHRD, I felt I could hear the voice of James Madison echoing through the centuries and across the globe. In The Federalist No. 10, Madison suggested that the ...


Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman 2017 University of Maine School of Law

Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman

Maine Law Review

It is with great pride that I note the participation of four International Senior Lawyers Project (ISLP) volunteers in this Symposium of the Maine Law Review. These highly accomplished lawyers, three of whom are from Maine and one from Canada, demonstrate perfectly the premises on which ISLP was founded: first, that the skills and experience of senior-level lawyers from the United States and elsewhere can be of great value to emerging democracies, social justice activists, and nations struggling to overcome poverty; and second, that there is a burgeoning pool of such lawyers, both retired and in active practice, who are ...


A Strange Distinction: Charitable Immunity And Clergy Sexual Abuse In Picher V. Roman Catholic Bishop Of Portland, Matthew Cobb 2017 University of Maine School of Law

A Strange Distinction: Charitable Immunity And Clergy Sexual Abuse In Picher V. Roman Catholic Bishop Of Portland, Matthew Cobb

Maine Law Review

In 2009, the Maine Supreme Judicial Court, sitting as the Law Court, decided Picher v. Roman Catholic Bishop of Portland, a case that presented an issue of first impression in Maine: whether the doctrine of charitable immunity protected charitable organizations from liability for intentional torts. The court ultimately held that charitable immunity was not a defense to intentional torts, but that it did bar negligence claims based on the sexual abuse of a minor. In Picher, a majority of the Law Court partly vacated the trial court’s grant of summary judgment for the Roman Catholic Bishop of Portland (Bishop ...


Developing A Pedagogy Of Beneficiary Accountability In The Representation Of Social Justice Non-Profit Organizations, Amber Baylor, Daria Fisher Page 2017 Texas A&M University School of Law

Developing A Pedagogy Of Beneficiary Accountability In The Representation Of Social Justice Non-Profit Organizations, Amber Baylor, Daria Fisher Page

Amber Baylor

This article seeks to begin a conversation on how we teach the problem of beneficiary accountability in the representation of organizations with social justice missions: How do we guide students towards a fuller understanding of the moral responsibility to engage and respect the voices of the communities most directly affected by the non-profit organization’s mission? We look at the issue through the pedagogical lens of our experience supervising clinic students, deconstructing the problems of beneficiary accountability that students faced in the representation of two social justice organizations, surveying relevant legal scholarship on organizational representation and community lawyering, and considering ...


Material Support Laws And Critical Race Theory, Nichole M. Pace 2017 University of Washington Tacoma

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are ...


Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School of Law 2017 Roger Williams University

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: From Farm To School 09-21-2017, Jill Rodrigues, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: From Farm To School 09-21-2017, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Video: Representing Charities: Profit V. Non Profit, Adam Goldberg 2017 Nova Southeastern University

Video: Representing Charities: Profit V. Non Profit, Adam Goldberg

Law Center Plus Seminar Series

his particular seminar is designed to educate attorneys what to request prior to becoming a Board Member including but not limited to:

  • Is there a Board Orientation?
  • What is the Board's Liability?
  • How to read IRS Form 990 and Financial Statements
  • Legal Issues facing Charitable Organizations
  • Best Practices

Learning Outcomes include:

  1. Difference between Tax Exempt and Not-For-Profit & Calendar v. Fiscal Year
  2. Serving as a Board Member
  3. Representing Charitable Organizations/Tax Exempt Organizations as Legal Counsel
  4. Ethical Considerations for Exempt Organizations Practitioners


Rethinking Riley: Applying Commensurate And Intermediate Scrutiny Standards To Judicial Evaluation Of Charitable Solicitation Regulation, James J. Fishman 2017 Elisabeth Haub School of Law at Pace University

Rethinking Riley: Applying Commensurate And Intermediate Scrutiny Standards To Judicial Evaluation Of Charitable Solicitation Regulation, James J. Fishman

Pace Law Faculty Publications

In Riley v. National Federation of the Blind, the Supreme Court struck down as unduly burdensome and unconstitutional a North Carolina statute requiring professional fundraisers to disclose to those solicited the average percentage of gross receipts actually turned over to the charity for all charitable solicitations conducted in the state within the previous twelve months. The Court applied a strict scrutiny standard of review of the regulated speech, rather than a more deferential intermediate or rational standard of scrutiny. The Court’s reasoning was that the commercial speech elements of the charity’s message were inextricably intertwined with the fully ...


When Social Enterprises Fail, Jonathan Brown 2017 Villanova University Charles Widger School of Law

When Social Enterprises Fail, Jonathan Brown

Villanova Law Review

No abstract provided.


Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan 2017 Roger Williams University School of Law

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan

Law School Blogs

No abstract provided.


Antitrust Treatment Of Nonprofits: Should Hospitals Receive Special Care?, Cory Capps, Dennis W. Carlton, Guy David 2017 Bates White LLC

Antitrust Treatment Of Nonprofits: Should Hospitals Receive Special Care?, Cory Capps, Dennis W. Carlton, Guy David

Health Care Management Papers

Nonprofit hospitals receive favorable tax treatment in exchange for providing socially beneficial activities. Extending this rationale would suggest that, insofar as suppression of competition would allow nonprofits to cross-subsidize care for needy populations, nonprofit hospital mergers should be evaluated differently than mergers of for-profit hospitals. However, this rationale rests upon the premise that nonprofit hospitals with greater market power provide more care to the needy. In this paper, we develop a theoretical model showing that the welfare implications of an antitrust policy that favors nonprofit hospitals depends on the link between market power and charity care provision. To test the ...


Common Legal Concerns For Small Business And Nonprofits, Jayme M. Reisler 2017 University of Houston - Main

Common Legal Concerns For Small Business And Nonprofits, Jayme M. Reisler

Jayme M (Reisler) Altemus

Small businesses often operate in the same market as larger companies, but differ in a multitude of ways, including size, financing, and short- and long-term goals. These differences create unique obstacles for small businesses. The same goes for nonprofits, which have distinct concerns about tax-exempt status. This article illuminates common legal concerns for small businesses and nonprofits, and briefly discusses strategies for dealing with them.


The Role Of Social Enterprise And Hybrid Organizations, Ofer Eldar 2017 Duke Law School

The Role Of Social Enterprise And Hybrid Organizations, Ofer Eldar

Faculty Scholarship

Recent years have brought remarkable growth in hybrid organizations that combine profit-seeking and social missions. Despite popular enthusiasm for such organizations, legal reforms to facilitate their formation and growth—particularly, legal forms for hybrid firms—have largely been ineffective. This shortcoming stems in large part from the lack of a theory that identifies the structural and functional elements that make some types of hybrid organizations more effective than others. In pursuit of such a theory, this Article focuses on a large class of hybrid organizations that has been effective in addressing development problems, such as increasing access to capital and ...


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