Law Commons^™

Allocating State Authority Over Charitable Nonprofit Organizations, Lloyd H. Mayer

Journal Articles

This Essay considers the allocation of state authority to enforce the legal obligations particular to charities and their leaders among state officials, including attorneys general, judges, and legislators, and private parties. It first describes the existing allocation. It then reviews the most common criticisms of this allocation, which primarily focus on two concerns: politicization and lack of sufficient enforcement. Finally, it evaluates the most notable proposals for reallocating this authority, including the reallocation of this authority in part to private parties.

This Essay concludes that reform proposals have two fundamental flaws. First, proposals aimed at countering the political nature of …

Anonymous Giving Helps Fulfill Vision Of Being The Best Return On Investment In Legal Education, University Of Georgia School Of Law

Dean's Messages

Dean's message sharing several large, anonymous donations to the University of Georgia School of Law.

Friends Establish Scholarship In Memory Of Randy Quintrell, University Of Georgia School Of Law

Dean's Messages

Dean's message sharing that more than 100 donors have created a scholarship named for the memory of Randall D. "Randy" Quintrell, a 1985 University of Georgia School of Law graduate.

Former Georgia Law Review Editors Make Gift Honoring Journal's Significance, University Of Georgia School Of Law

Dean's Messages

Dean's message sharing that father and son alumni Keith W. and Frederick W. "Fritz" Vaughan have made a gift supporting the work of the University of Georgia School of Law, and that the Georgia Law Review will now operate out of an office bearing their names.

2001 Graduate Supports First-Generation Students, University Of Georgia School Of Law

Dean's Messages

Dean's message announcing the creation of an endowed scholarship supporting first-generation college graduates given by 2001 University of Georgia School of Law alumnus Gardiner Thompson and his wife Kiplyn.

Douglas Family Pledges Additional Funds To Continue Student Support, University Of Georgia School Of Law

Dean's Messages

Dean's message announcing that John Douglas, a University of Georgia School of Law alumnus, and his wife Becky have made an additional pledge to the John and Becky Douglas Family Student Support Fund. The fund was created in 2019 to support law students with spouses and/or families.

Major Gift From Renowned Trial Attorney Jim Butler Enhances Support For Veterans, University Of Georgia School Of Law

Dean's Messages

Dean's message announcing new financial support for the University of Georgia School of Law's Veterans Legal Clinic by renowned Georgia trial lawyer and 1977 alumnus James E. "Jim" Butler Jr. The new financial support will allow the Veterans Legal Clinic to support a virtual remote outreach program, psychological and medical evaluations, and self-advocacy webinars for Georgia veterans statewide.

Summer Public Interest Funding Grows With New Marquee Fellowship, University Of Georgia School Of Law

Dean's Messages

Dean's message announcing the establishment of the Bool Simkins Summer Fellowship for Public Interest Fund, created by 2010 University of Georgia School of Law alumni Kevin Murphy and Elizabeth (Freeman) Murphy in honor of Elizabeth's grandmother, Annie Bool, and great aunt, Mary Simkins. The fellowship will be the law school's largest annual public interest fellowship award and will support a top performing student with a full summer public interest/pro bono placement after completing his or her second year of law school.

Alumnus Furthers Support Of Student-Athletes Seeking Law Degrees, University Of Georgia School Of Law

Dean's Messages

Dean's message sharing that University of Georgia School of Law alumnus Michael L. Goldberg (J.D. '97) is furthering his support of law school students by making an additional gift to the Michael Louis Goldberg Scholarship Fund. Michael initially created the fund in 2016 to support law students who participated in high school or collegiate athletics.

Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray

Touro Law Review

No abstract provided.

Transplantation: Law And Responsibility, U. Zakirova

Review of law sciences

This article highlights the issues of expanding the range of medical services to the population, determining the procedure for transplantation of human organs and tissues, as well as the experience of developed foreign countries in providing this type of medical services to the needy population, as well as responsibility for illegal transplantation and further improvement of the legislation of the Republic of Uzbekistan in this sphere.

The Intersection Of Contract Law, Reproductive Technology, And The Market: Families In The Age Of Art, Deborah Zalesne

University of Richmond Law Review

No abstract provided.

Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey

University of Richmond Law Review

This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act,the legislative history of the …

Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts

IP Theory

No abstract provided.

Crummey Trusts: An Exploitation Of The Annual Exclusion, Dora Arash

Pepperdine Law Review

No abstract provided.

Who’S Guarding The Henhouse And What Are They Doing With The Eggs (And Sperm)? A Call For Increased Regulation Of Gamete Donation And Long-Term Tracking Of Donor Gametes, Lisa M. Luetkemeyer

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Eligibility For Organ Donation: A Medico-Legal Perspective On Defining And Determining Death, Jocelyn Downie, Matthew R. Kutcher, Chantelle Rajotte, Alison Shea

Articles, Book Chapters, & Popular Press

Purpose: In the context of post-mortem organ donation, there is an obvious need for certainty regarding the legal definition and determination of death, as individuals must be legally pronounced dead before organs may be procured for donation. Surprisingly then, the legal situation in Canada with regard to the definition and determination of death is uncertain. The purpose of this review is to provide anesthesiologists and critical care specialists with a medico-legal perspective regarding the definition and determination of death (particularly as it relates to non-heart-beating donor protocols) and to contribute to ongoing improvement in policies, protocols, and practices in this …

The Kidney Donor Scholarship Act: How College Scholarships Can Provide Financial Incentives For Kidney Donation While Preserving Altruistic Meaning, Jake Linford

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Perspectives On Financial Incentives To Induce Live Donor Kidney Donation: Scholarships In Exchange For The Gift Of Life, Walter K. Graham, Jason P. Livingston

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Confidence In The Nonprofit Sector Through Sarbanes-Oxley-Style Reforms, Joseph Mead

Law Faculty Articles and Essays

Over the past several years, the nonprofit sector suffered a series of highly visible scandals that shook the public's confidence in charitable organizations. Concerned politicians and nonprofit leaders responded with a variety of reforms inspired by the Sarbanes-Oxley Act. The Note focuses on three such reforms: requiring nonprofit officers certify financial statements, mandating audits of nonprofits' financial statements, and imposing independent audit committees on nonprofit boards of directors. This Note argues that, contrary to the conclusions of many commentators, these reforms will provide a net benefit to the nonprofit sector by increasing donor confidence while imposing minimal costs.

Stealing What's Free: Exploring Compensation To Body Parts Sources For Their Contribution To Profitable Biomedical Research, Jo-Anne Yau

ExpressO

It is undisputed in the biotechnology industry that human body parts play a vital role in research. The body parts donors, referred to as "Sources" in this article, are subjected to physical and financial exploitation. Forbidding the explosion of profits from trickling down to the Source presents an irrational inequity. Despite established law, it is evident from case analysis, prevailing social practices, and constitutional interpretation that Source compensation is a plausible solution.

This article proposes a model of compensation for Sources, whereby Sources are compensated based on a proportionate share of the research profits set aside for the Source as …

Donor Standing To Enforce Charitable Gifts: Civil Society Vs. Donor Empowerment, Iris J. Goodwin

Vanderbilt Law Review

The cat is out of the bag: Donors are fast discovering what was once a well-kept secret in the philanthropic sector-that a gift to public charity donated for a specific purpose and restricted to that purpose is often used by the charity for its general operations or applied to other uses not intended by the donor. In most states, the Attorney General is the agent for enforcement of such gifts (an arrangement that recognizes the public's role as the ultimate beneficiary of any public charity). But Attorney General offices are beset with difficulties that make it virtually impossible to monitor …

Bad Science, Worse Policy: The Exclusion Of Gay Males From Donor Pools, John G. Culhane

Saint Louis University Public Law Review

No abstract provided.

Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas Cmar

Fordham Urban Law Journal

The author begins by stating the importance of monetary contribution to a campaign and points out that most of the money for campaigns comes in the form of large donations. It then goes the introduction of campaign contributions as federal tax credits and its effects until the repeal of the tax credit by Congress. The articles then discusses state implementation of tax credits for political contribution, and compares the effects of different state programs. The article then introduces the principle that contribution incentive programs can be part of a strategy for campaign finance reform and gives several ideas how this …

The Donor Class: Campaign Finance, Democracy, And Participation, Spencer A. Overton

GW Law Faculty Publications & Other Works

This Article uses the U.S. Supreme Court's recent opinion in McConnell v. FEC to argue that the law should play a central role in reducing the impact of disparities in wealth on political participation. In upholding large parts of the Bipartisan Campaign Reform Act, the Court in McConnell acknowledged the adverse impact of concentrated wealth on widespread democratic participation and self-government. Even in the aftermath of the reforms upheld in McConnell, however, a small, wealthy and homogenous donor class continues to make relatively large contributions that fund the bulk of American politics. Less than one percent of the U.S. population …

"Gifts, Gafts And Gefts" – The Income Tax Definition And Treatment Of Private And Charitable "Gifts" And A Principled Policy Justification For The Exclusion Of Gifts From Income, Jeffrey H. Kahn, Douglas A. Kahn

Scholarly Publications

No abstract provided.

Rethinking The Prohibition Of Death Row Prisoners As Organ Donors: A Possible Lifeline To Those On Organ Donor Waiting Lists., Donny J. Perales

St. Mary's Law Journal

Organ transplantation continually brings hope and new life to thousands of patients suffering from a myriad of diseases. Despite the advances in medical science and the increased survival rates of organ recipients, many are unable to receive an organ transplant because the demand for organs drastically exceeds the available supply. Much of the organ deficit lies in the current system of organ procurement. The altruism-based organ system leaves the donative decision to the individual; however, it is this system which hinders effective organ procurement. Under this system, the donor must give prior consent before a doctor can remove any organ. …

Waste And Longing: The Legal Status Of Placental Blood Banking, George J. Annas

Faculty Scholarship

Waste is not always what it seems. In his Cold War novel Underworld, for example, Don DeLillo explores the multifaceted qualities of waste. “Waste,” he notes, “is the secret history, the underhistory, the way archaeologists dig out the history of early cultures, every sort of bone and broken tool, literally from under the ground.”1 And waste can also be transformed into money:

They are trading garbage in the commodity pits in Chicago. They are making synthetic feces in Dallas. You can sell your testicles to a firm in Russia that will give you four thousand dollars and then remove …

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Review Of: World Health Organization, Legislative Responses To Organ Transplantation, Lisah K. Carpenter

RISK: Health, Safety & Environment (1990-2002)

No abstract provided.

Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt

Law Faculty Scholarly Articles

The act of giving a gift is accomplished so easily that the legal consequences often escape the donor. Even when a donor stops to contemplate the legal significance of her or his act, a parental donor probably is unaware that a gift to a child may affect the child's inheritance rights in the parent's estate. Kentucky is among the minority of states which continue to presume that a parental gift is intended as an advancement to the child donee. Moreover, Kentucky is one of only two states which make the presumption irrebutable. The value of the gift is charged against …