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Full-Text Articles in Law
Stealth Preemption: The Irs's Nonprofit Corporate Governance Initiative, James J. Fishman
Stealth Preemption: The Irs's Nonprofit Corporate Governance Initiative, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The Internal Revenue Service, the primary federal regulator of charities, has initiated a corporate governance initiative. The intervention by the Internal Revenue Service into an area traditionally the preserve of state nonprofit corporate law has little relationship to issues of tax compliance. This corporate governance initiative has been accomplished in the face of IRS acknowledgement that it has no statutory authority relating to these issues. Yet, the power of the Service to recognize tax exempt status and the method it has used to ensure it vision of correct corporate governance practices through a series of questions when an organization applies …
Improving Charitable Accountability, James J. Fishman
Improving Charitable Accountability, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This Article focuses upon a persistent problem of the nonprofit sector--its lack of accountability to the public. Director, officer, and organizational responsibilities will be analyzed. Past and current approaches to secure accountability of charitable assets will be discussed, and a proposal for improving charitable accountability will be suggested through the creation of public-private charity commissions at the state level under the aegis of the attorney general.
Standards Of Conduct For Directors Of Nonprofit Corporations, James J. Fishman
Standards Of Conduct For Directors Of Nonprofit Corporations, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This Article analyzes the standards of care and loyalty that should apply to directors of nonprofit corporations. It suggests that the movement toward corporate law principles neither reflects the differences in the types of nonprofit corporations nor provides a coherent rationale for the conduct regulated. The "trust law"-"corporate law" distinction has often centered upon the label to be applied rather than on an analysis of the principles involved. Too often the selection of the label has determined the result. At other times, the label has been used as a convenient rationalization of a socially desirable conclusion. This Article will attempt …
The Development Of Nonprofit Corporation Law And An Agenda For Reform, James J. Fishman
The Development Of Nonprofit Corporation Law And An Agenda For Reform, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This article examines the development of the law of “charitable corporations”' and attempts to explain why the charitable corporation rather than the charitable trust became the predominant organizational form for charitable and benevolent activities in the United States. It then discusses some of the inconsistencies of nonprofit corporation law and provides an agenda for future reform.