Law Commons^™

Regulating The Poor And Encouraging Charity In Times Of Crisis: The Poor Laws And The Statute Of Charitable Uses, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

National crises such as September 11th and Hurricane Katrina resulted in an unprecedented outpouring of charitable generosity by Americans, which was encouraged by the government through tax incentives. This paper examines an earlier period of crisis, Tudor England (1485-1603), where the state encouraged philanthropy as a tool of social and political policy. Certain charitable activities were favored and others disadvantaged to spur private sector resources to resolve public problems.

The article discusses the evolution of the laws regulating the poor, which culminated in the Poor Law Legislation of 1601, a process that developed attitudes toward the poor and concepts of …

Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin

Fordham Law Review

No abstract provided.

The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice, Evelyn Brody

Fordham Law Review

No abstract provided.

Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman

Fordham Law Review

No abstract provided.

Entrepreneurialism In Nonprofits, Reynold Levy, Glenn Lowry, Robin Pogrebin

Fordham Law Review

No abstract provided.

Reforming Internal Revenue Code Provisions On Commercial Activity By Charities, John D. Colombo

Fordham Law Review

No abstract provided.

The Restricted Gift Life Cycle, Or What Comes Around Goes Around, John K. Eason

Fordham Law Review

No abstract provided.

Nonprofit Payments To Insiders And Outsiders: Is The Sky The Limit? , Jill S. Manny

Fordham Law Review

No abstract provided.

Director Independence In The Independent Sector, Dana Brakman Reiser

Fordham Law Review

No abstract provided.

Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity., Linda Sugin

Fordham Law Review

No abstract provided.

Wrong Way Corrigan And Recent Developments In The Nonprofit Landscape: A Need For New Legal Approaches, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This essay argues that some of the assumptions by which we view and regulate the nonprofit sector are traveling, as did Wrong Way Corrigan, in the wrong direction. This is due to faulty assumptions about the nonprofit universe, overreactions to perceived problems, and a reluctance to consider innovative approaches to existing problems. This essay examines some of the erroneous assumptions, discusses recent legislative initiatives, and suggests that there is a need for more than incremental approaches when considering the nonprofit landscape. It argues that regulation of fiduciary behavior should be at the local level, or a combination of local and …

The Search For Greater Accountability Of Nonprofit Organizations: Recent Legal Developments And Proposals For Change, Marion R. Fremont-Smith

Fordham Law Review

No abstract provided.

What Critiques Of Sarbanes-Oxley Can Teach About Regulation Of Nonprofit Governance, Ellen P. Aprill

Fordham Law Review

No abstract provided.

The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Perspectives, David A. Brennen

Fordham Law Review

No abstract provided.

"Redeveloping" Corporate Governance Structures: Non-For-Profit Governance During Major Capital Projects, A Case Study At Lincoln Center For The Performing Arts, Lesley Friedman Rosenthal

Fordham Law Review

No abstract provided.

Introduction Symposium: Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin

Faculty Scholarship

This Symposium grew out of what I see as the public/private conundrum facing the nonprofit community and the law governing it. Nonprofit organizations are being called upon to better resemble for-profit organizations in a variety of ways. Those calls come from different sources-from donors increasingly interested in results that can be understood in terms parallel to bottom-line assessments to which businesses are accustomed, from cuts in government funding and increased programming that make nonprofits add more businesslike activities to finance their work, and from increasing numbers of for-profit competitors who have been able to mobilize technology and marketing to succeed …

Does Nonprofit Ownership Matter?, Jill R. Horwitz

Articles

In recent years, policymakers have increasingly questioned whether nonprofit institutions, particularly hospitals, merit tax exemption. They argue that nonprofit hospitals differ little from their for-profit counterparts in the provision of charity care and, therefore, should either lose their tax-exempt status or adhere to new, strict, and specific requirements to provide free services for the poor. In this Article, I present evidence that hospital ownership-whether it is for-profit, nonprofit, or government owned-has a significant effect on the mix of medical services it offers. Despite notoriously weak enforcement mechanisms, nonprofit hospitals act in the public interest by providing services that are unlikely …