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Nonprofit Organizations Law Commons™

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Articles 1 - 12 of 12

Full-Text Articles in Nonprofit Organizations Law

Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Institutions After Students For Fair Admissions V. Harvard And Unc, David A. Brennen Jan 2023

Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Institutions After Students For Fair Admissions V. Harvard And Unc, David A. Brennen

Law Faculty Scholarly Articles

In 1983, several years after its 1954 decision in Brown v. Board of Education, the United States Supreme Court decided a case that significantly impacted tax-exempt § 501(c)(3) charitable schools that consider race in making admissions decisions. In Bob Jones University v. United States, the Court held that a private school that discriminates against African Americans in admissions is not entitled to § 501(c)(3) tax-exempt status. The Court based its decision on the public policy doctrine, an off-shoot of the well established illegality doctrine. Pursuant to the public policy doctrine, the Court upheld the IRS’s decision to deny …


Social Technology & The Origins Of Popular Philanthropy, Brian L. Frye Jan 2016

Social Technology & The Origins Of Popular Philanthropy, Brian L. Frye

Law Faculty Scholarly Articles

The prevailing theory of charity law holds that the charitable contribution deduction is justified because it solves market and government failures in charitable goods by compensating for free riding on charitable contributions. This Article argues that many market and government failures in charitable goods are actually caused by transaction costs, and that social technology can solve those market and government failures by reducing transaction costs. Specifically, it shows that in the early twentieth century, the social technology of charity chain letters solved market and government failures in charitable contributions and facilitated the emergence of popular philanthropy.


Copyright As Charity, Brian L. Frye Jul 2015

Copyright As Charity, Brian L. Frye

Law Faculty Scholarly Articles

Copyright and charity law are generally considered distinct and unrelated bodies of law. But they are actually quite similar and complement each other. Both copyright and charity law are intended to increase social welfare by solving market and government failures in public goods caused by free riding. Copyright solves market and government failures in works of authorship by providing an indirect subsidy to marginal authors, and charity law solves market and government failures in charitable goods by providing an indirect subsidy to marginal donors. Copyright and charity law complement each other by solving market and government failures in works of …


The Federalization Of Nonprofit Regulation And Its Discontents, James J. Fishman Jan 2011

The Federalization Of Nonprofit Regulation And Its Discontents, James J. Fishman

Kentucky Law Journal

No abstract provided.


The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser Jan 2011

The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser

Kentucky Law Journal

No abstract provided.


The Federalization Of The Duty Of Loyalty Governing Charity Fiduciaries Under United States Tax Law, Johnny Rex Buckles Jan 2011

The Federalization Of The Duty Of Loyalty Governing Charity Fiduciaries Under United States Tax Law, Johnny Rex Buckles

Kentucky Law Journal

No abstract provided.


Choking Out Local Community Service Organizations: Rising Federal Tax Regulation And Its Impact On Small Nonprofit Entities, Nicole S. Dandridge Jan 2011

Choking Out Local Community Service Organizations: Rising Federal Tax Regulation And Its Impact On Small Nonprofit Entities, Nicole S. Dandridge

Kentucky Law Journal

No abstract provided.


Federal Regulation Of Nonprofit Board Independence: Focus On Independent Stakeholders As A "Middle Way", Benjamin Moses Leff Jan 2011

Federal Regulation Of Nonprofit Board Independence: Focus On Independent Stakeholders As A "Middle Way", Benjamin Moses Leff

Kentucky Law Journal

No abstract provided.


The "Federalization" Problem And Nonprofit Self- Regulation: Some Initial Thoughts, Mark Sidel Jan 2011

The "Federalization" Problem And Nonprofit Self- Regulation: Some Initial Thoughts, Mark Sidel

Kentucky Law Journal

No abstract provided.


Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather Jan 2005

Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather

Kentucky Law Journal

No abstract provided.


Financing Public Health Through Nonprofit Conversion Foundations, Christopher W. Frost Jan 2002

Financing Public Health Through Nonprofit Conversion Foundations, Christopher W. Frost

Kentucky Law Journal

No abstract provided.


Extent Of Exemption From Taxation Of Charitable Institutions Under The Kentucky Constitution Section 170, Mary Garner Borden Jan 1947

Extent Of Exemption From Taxation Of Charitable Institutions Under The Kentucky Constitution Section 170, Mary Garner Borden

Kentucky Law Journal

No abstract provided.