Law Commons^™

Unregulated Charity, Eric Franklin Amarante

Washington Law Review

The vast majority of charities in the United States operate in a regulatory blind spot: they are neither meaningfully evaluated when they apply for charitable status nor substantively monitored after they receive charitable status. Driven by severe budget constraints, the IRS decided to essentially ignore any charity that claims it will realize less than $50,000 in annual gross receipts. From a practical perspective, the IRS’s decision makes sense. To the extent smaller charities are less likely to cause harm, it is reasonable (perhaps even preferable) to subject them to less scrutiny. This type of prioritization, known as risk-based regulation, has …

Nonprofit College Crash: Enforcing Board Fiduciaries Through Increased Accountability And Transparency In The Irs Form 990 Procedure, Patrick R. Baker, Paula Hearn Moore, Kaleb Paul Byars

Brigham Young University Education and Law Journal

No abstract provided.

The Promises And Perils Of Using Big Data To Regulate Nonprofits, Lloyd Hitoshi Mayer

Washington Law Review

For the optimist, government use of “Big Data” involves the careful collection of information from numerous sources. The government then engages in expert analysis of those data to reveal previously undiscovered patterns. Discovering patterns revolutionizes the regulation of criminal behavior, education, health care, and many other areas. For the pessimist, government use of Big Data involves the haphazard seizure of information to generate massive databases. Those databases render privacy an illusion and result in arbitrary and discriminatory computer-generated decisions. The reality is, of course, more complicated. On one hand, government use of Big Data may lead to greater efficiency, effectiveness, …

Faktor Kesukarelaan Dalam Pengunduran Diri Pekerja/Buruh: Studi Putusan Pengadilan Hubungan Industrial Di Medan No. 262/Pdt.Sus-Phi/2017/Pn.Mdn, Di Banda Aceh No. 5/Pdt.Sus- Phi/2016/Pn.Bna, Dan Di Palu No. 18/Pdt.Sus-Phi/2015/Pn.Pal, Patricia Cindy Andriani, Melania Kiswandari

Jurnal Hukum & Pembangunan

Resignation is one of the mechanisms for terminating employment relations that requires voluntary factor in the employee’s action. However, in a number of cases, the resignation was actually not based on the initiative of employee, but was motivated by the employer’s action who put employee into difficult situation so that he/she had no choice but to resign. Therefore, it is necessary to further examine the regulations regarding termination of employment and their implementation at the Industrial Relations Court level toward cases about the employee’s involuntary resignation in decision no. 262/Pdt.Sus- PHI/2017/PN.Mdn, no. 5/Pdt.Sus-PHI/2016/PN.Bna, and no. 18/Pdt.Sus- PHI/2015/PN.Pal. The research is …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Bringing Candor To Charitable Solicitations, David Adam Friedman

Maryland Law Review

The American public donates a staggering amount of money to nonprofit charities. These charities routinely solicit and receive money from donors for specific, earmarked purposes. Often, however, charities ignore their obligations to use money for these designated uses. In many circumstances, even a seemingly benign redirection of earmarked gifts for other charitable purposes could constitute fraud and misrepresentation.

Breaking the implicit or explicit promise to use money in a designated manner harms donors, charities, and the public. Prospective donors assess the value of charitable donations in a manner similar to the way they value consumer goods and services and can …

Extra Law Prices: Why Mrpc 5.4 Continues To Needlessly Burden Access To Civil Justice For Low- To Moderate-Income Clients, R. Matthew Black

Washington and Lee Journal of Civil Rights and Social Justice

Whether alternative business structures might improve access to justice for low- to moderate-income clients remains a contentious matter.8 Because alternative business structures are generally unavailable, lawyers rely on 501(c)(3) non-profit status and sliding-scale fee structures to reach an underserved market of low-to moderate-income clientele. Nevertheless, use of a sliding- scale fee structure is rare—perhaps because it fails to maximize law firm profits. A sliding-scale fee structure also does not assist clients who need legal services, but do not qualify for LSC-funded programs and are unable to pay even a portion of subsidized legal fees.

This Note addresses why using a …

“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney

Brooklyn Journal of International Law

The landscape of cultural property and cultural heritage discourse is continually evolving, and the traditional means of regulating disputes must not only be adapted to the current climate but proactively address foreseeable future concerns. This Note explores the Republic of Turkey’s increasing litigiousness with regard to its reparation claims and, further, considers the notion of culture as geographic boundaries transform over the course of time. This Note will analyze the leading international cultural property treaty, the 1970 UNESCO Convention, and recommend UNESCO adopt two mandates to curb the chilling effect current litigation has had on the preservation and dissemination of …

When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Hitoshi Mayer

Journal of Legislation

Beginning in the 1990s and continuing today, many of the legal and psychological barriers to nonprofits becoming involved in electoral politics have fallen. At the same time, political divisions have sharpened, causing candidates, political parties, and their supporters to scramble more aggressively for any possible edge in winner-take-all political contests. In the face of these developments, many nonprofits have violated the remaining legal rules applicable to their political activity with little fear of negative consequences, especially given vague rules and a paucity of enforcement resources. Such violations include under reporting of political activity in government filings, fly-by-night organizations that exist …

Keynote Address, Sammy Rangel

University of Michigan Journal of Law Reform

The following is a transcription of Mr. Rangel’s keynote address presented at the University of Michigan Journal of Law Reform Symposium, Alt Association: The Role of Law in Combating Extremism on November 17, 2018, at the University of Michigan School of Law. The transcript has been lightly edited for clarity.

The New Activist Non-Profits: Four Models Breaking From The Non-Profit Industrial Complex, Michael Haber

University of Miami Law Review

Twenty-first century activists—inspired by recent social movements and criticisms of the “non-profit industrial complex”—have increasingly sought to avoid pursuing their activism through the hierarchical, professionally managed non-profit corporations that have been the norm for social justice organizations since the 1970s. While many of these activist groups have chosen to remain unincorporated, some activists have been experimenting with new, innovative structures for non-profit organizations, structures that aim to better align activists’ organizations with their values. This Article presents four models of activist non-profits: (1) sociocratic non-profits, (2) worker self-directed non-profits, (3) hub-and-spoke counter-institutions, and (4) swarm organizations. It describes how these …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Donor Intent, Disaster Relief, Education, And Policy, Marian Conway Ph.D.

Touro Law Review

No abstract provided.

Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte

Touro Law Review

No abstract provided.