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Full-Text Articles in Law
Empirical Inheritance Law, Alexander Boni-Saenz
Empirical Inheritance Law, Alexander Boni-Saenz
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Empirical legal scholars tell it like it is. The nature of the “it” that we might want to know about varies significantly by legal field, however, and it also differs based on one’s scholarly position within that field. This Comment explores the major ways that empirical legal scholarship can be valuable to those of us working on normative or theoretical legal scholarship in inheritance law.
Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy? (Symposium) (With J. Tyler), Evelyn Brody
Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy? (Symposium) (With J. Tyler), Evelyn Brody
All Faculty Scholarship
Recent years have seen a disturbing increase in legal proposals by the public and government officials to interfere with the governance, missions, strategies, and decision-making of foundations and other charities. Underlying much of these debates is the premise – stated or merely presumed – that foundation and charity assets are “public money” and that such entities therefore are subject to various public mandates or standards about their structure, operations, and policies. The authors’ experiences and research reveal three “myths” that, singly or collectively, underlie claims that charitable assets are public money. The first myth conceives of charities as shadow governments …
From The Dead Hand To The Living Dead: The Conundrum Of Charitable Donor Standing (Symposium), Evelyn Brody
From The Dead Hand To The Living Dead: The Conundrum Of Charitable Donor Standing (Symposium), Evelyn Brody
All Faculty Scholarship
No abstract provided.
Charity Governance: What’S Trust Law Got To Do With It? (Symposium), Evelyn Brody
Charity Governance: What’S Trust Law Got To Do With It? (Symposium), Evelyn Brody
All Faculty Scholarship
No abstract provided.
Whose Public?: Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
Whose Public?: Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
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This piece was inspired by the increasing tendency of State attorneys general – backed up by courts and legislatures – to effectively confiscate the assets of wealthy nonprofits through overreaching enforcement actions. The article develops a legal framework for ascertaining the proper State role. It reviews many case studies including, most notoriously, the thwarted diversification of the Milton Hershey School Trust out of Hershey Foods Corporation (an investment worth over $5 billion) – thereby preserving the local operations of a publicly traded company. While few state attorneys general have the funding and inclination to engage in aggressive charity enforcement, the …
I Say It's Spinach: Charitable Trusts To Remedy Market Failures In The Performing Arts, Jeffrey G. Sherman
I Say It's Spinach: Charitable Trusts To Remedy Market Failures In The Performing Arts, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
The Twilight Of Organizational Form For Charity: Musings On Norman Silber, A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector (Book Review), Evelyn Brody
All Faculty Scholarship
No abstract provided.
Posthumous Meddling: An Instrumental Theory Of Testamentary Restraints On Conjugal And Religious Choices, Jeffrey G. Sherman
Posthumous Meddling: An Instrumental Theory Of Testamentary Restraints On Conjugal And Religious Choices, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
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). …
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
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No abstract provided.
Hairsplitting Under I.R.C. Section 2035(D): The Cause And The Cure, Jeffrey G. Sherman
Hairsplitting Under I.R.C. Section 2035(D): The Cause And The Cure, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Mercy Killing And The Right To Inherit, Jeffrey G. Sherman
Mercy Killing And The Right To Inherit, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Undue Influence And The Homosexual Testator, Jeffrey G. Sherman
Undue Influence And The Homosexual Testator, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.