Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Chicago-Kent College of Law

Selected Works

Discipline
Keyword
Publication Year
Publication

Articles 61 - 90 of 119

Full-Text Articles in Law

Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker Feb 2001

Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker

Katharine K. Baker

No abstract provided.


American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch Jan 2001

American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch

Valerie Gutmann Koch

No abstract provided.


Nord Issues Gene Patenting Statement, Valerie Gutmann Koch Jan 2001

Nord Issues Gene Patenting Statement, Valerie Gutmann Koch

Valerie Gutmann Koch

No abstract provided.


International Intellectual Property Litigation: A Vehicle For Resurgent Comparativist Thought?, Graeme B. Dinwoodie Jan 2001

International Intellectual Property Litigation: A Vehicle For Resurgent Comparativist Thought?, Graeme B. Dinwoodie

Graeme B. Dinwoodie

No abstract provided.


The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt Mar 2000

The 1% Solution: American Judges Must Enter The Internet Age (With Henry H. Perritt, Jr.), Ronald W. Staudt

Ronald W Staudt

No abstract provided.


Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman Mar 2000

Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman

Joan E. Steinman

No abstract provided.


The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman Mar 2000

The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman

Joan E. Steinman

No abstract provided.


A Taxing Time For The Bishop Estate: What Is The I.R.S. Role In Charity Governance?, Evelyn Brody Mar 2000

A Taxing Time For The Bishop Estate: What Is The I.R.S. Role In Charity Governance?, Evelyn Brody

Evelyn Brody

This piece, included in the University of Hawaii Law Review's symposium issue on the Bishop Estate, explores the relationship between the new intermediate sanctions law and the IRS's power to revoke tax exemption under § 501(c)(3). Inspired by the storied setting, I indulge in a fantasy: This article pretends that the IRS revoked the Estate's exemption, and takes the form of the Tax Court declaratory judgment opinion. I reluctantly 'rule' that exemption was not appropriate, because State enforcement action against the trustees was proceeding. (However, this forum allows me to hedge my argument by producing two concurring and one dissenting …


Federal Agency Ombuds: The Costs, Benefit And Countenance Of Confidentiality, Harold J. Krent Feb 2000

Federal Agency Ombuds: The Costs, Benefit And Countenance Of Confidentiality, Harold J. Krent

Harold J. Krent

No abstract provided.


Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

Katharine K. Baker

No abstract provided.


Damages Mitigation Doctrine In The Statutory Anti-Discrimination Context: Mitigating Its Negative Impact, Howard C. Eglit Jan 2000

Damages Mitigation Doctrine In The Statutory Anti-Discrimination Context: Mitigating Its Negative Impact, Howard C. Eglit

Howard C. Eglit

No abstract provided.


A Taxing Time For The Bishop Estate: What Is The I.R.S. Role In Charity Governance? (Symposium), Evelyn Brody Mar 1999

A Taxing Time For The Bishop Estate: What Is The I.R.S. Role In Charity Governance? (Symposium), Evelyn Brody

Evelyn Brody

No abstract provided.


Charities In Tax Reform: Threats To Subsidies Overt And Covert, Evelyn Brody Mar 1999

Charities In Tax Reform: Threats To Subsidies Overt And Covert, Evelyn Brody

Evelyn Brody

Fundamental tax reform would do far more damage to charities than the obvious repeal of the deduction for charitable contributions. Over the decades, charities have quietly garnered billions of dollars worth of indirect benefits. For example, the largest tax expenditure - the exclusion from workers' income of employer-provided health insurance - has fattened nonprofit hospitals, and the new tuition tax credits promise to spur tuition inflation. Tax reform presents an opportunity to eliminate tax subsidies and enact any desired direct expenditures for specific public goods and activities. However, converting tax expenditures to direct outlays would likely take the form of …


Value, Obligation And Cultural Heritage, Sarah K. Harding Feb 1999

Value, Obligation And Cultural Heritage, Sarah K. Harding

Sarah K. Harding

No abstract provided.


Text, Context And The Problem With Rape, Katharine K. Baker Feb 1999

Text, Context And The Problem With Rape, Katharine K. Baker

Katharine K. Baker

No abstract provided.


Of Sovereignty And Subsidy: Conceptualizing The Charity Tax Exemption, Evelyn Brody Mar 1998

Of Sovereignty And Subsidy: Conceptualizing The Charity Tax Exemption, Evelyn Brody

Evelyn Brody

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 …


Of Sovereignty And Subsidy: Conceptualizing The Charity Tax Exemption (Symposium), Evelyn Brody Mar 1998

Of Sovereignty And Subsidy: Conceptualizing The Charity Tax Exemption (Symposium), Evelyn Brody

Evelyn Brody

No abstract provided.


The Limits Of Charity Fiduciary Law, Evelyn Brody Mar 1998

The Limits Of Charity Fiduciary Law, Evelyn Brody

Evelyn Brody

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). …


Hocking The Halo: Implications Of The Charities' Winning Briefs In Camps Newfound/Owatonna, Inc., Evelyn Brody Mar 1998

Hocking The Halo: Implications Of The Charities' Winning Briefs In Camps Newfound/Owatonna, Inc., Evelyn Brody

Evelyn Brody

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 Mar 1998

Introduction To Nonprofit Symposium Issue, Evelyn Brody

Evelyn Brody

No abstract provided.


Foreword: The Legacy Of Chancellor Kent, Harold J. Krent Feb 1998

Foreword: The Legacy Of Chancellor Kent, Harold J. Krent

Harold J. Krent

No abstract provided.


Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker Jan 1998

Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker

Katharine K. Baker

In this Article, Professor Baker analyzes how and why the law protects both horizontal (marital) and vertical (parent/child) relationships. In doing so, she suggests that, although the reasons to protect relationships are comparable in both the horizontal and vertical contexts, the law is much more willing to interfere with vertical relationships, at least when the parents are not married to each other. From the standpoint of women's needs, this inconsistent treatment of relationships is precisely backwards. Women benefit little from the law's deference to horizontal relationships, but they could benefit substantially if the law was more deferential to a single …


Charitable Endowments And The Democratization Of Dynasty, Evelyn Brody Mar 1997

Charitable Endowments And The Democratization Of Dynasty, Evelyn Brody

Evelyn Brody

Charitable endowments and other passive investments exceed $425 billion. Why do many donors require that the principal of their contribution must be held in perpetuity, and that only the income may be used for charitable purposes? Why do most charity managers voluntarily accumulate operating surpluses, and reinvest a portion of real endowment income? This Article suggests that rather than looking at how charities use their endowment income, we should focus on what happens to the endowment principal. It appears that the taste for perpetual charitable endowments persists as the happy co-incidence of donors' desire for immortality for themselves and their …


Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent Feb 1997

Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent

Harold J. Krent

No abstract provided.


Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent Feb 1997

Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent

Harold J. Krent

No abstract provided.


A Wigmorian Defense Of Feminist Methods, Katharine K. Baker Feb 1997

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

Katharine K. Baker

No abstract provided.


The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit Jan 1997

The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit

Howard C. Eglit

No abstract provided.


Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker Jan 1997

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

Katharine K. Baker

Feminist scholars and activists have long sought to reform rape laws and evidence rules in order to increase the number of successful rape prosecutions in the United States. In partial response to these efforts, and in an effort to decrease crime, the 104th Congress amended the Federal Rules of Evidence by adding Rule 413, which makes prior acts of sexual assault by alleged rapists admissible in criminal sexual assault cases. The new Rule 413 was meant to level the legal playing field between rapists and their accusers. Professor Baker argues that the new Rule is misguided because it fails to …


Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker Jan 1997

Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker

Katharine K. Baker

No abstract provided.


Agents Without Principals: The Economic Convergence Of The Nonprofit And For-Profit Organizational Forms, Evelyn Brody Mar 1996

Agents Without Principals: The Economic Convergence Of The Nonprofit And For-Profit Organizational Forms, Evelyn Brody

Evelyn Brody

Are nonprofit organizations 'different' from firms with owners? The accepted economic account holds that nonprofits are more trustworthy than business firms because nonprofits cannot distribute profits to owners. However, all firms, nonprofit or proprietary, have converged into similar patterns of behavior. Firms, whether nonprofit or proprietary (or even public), are subject to many of the same economic forces, such as resource dependency, institutional isomorphism, and organizational slack. Even in the absence of shareholders somebody still has to run the enterprise: to decide what objectives to pursue, and how; to manage its financial and human resources; and to span the boundaries …