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Articles 1 - 28 of 28
Full-Text Articles in Nonprofit Organizations Law
Ubit Me!, Thomas Simmons
Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law
Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques
Life of the Law School (1993- )
No abstract provided.
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, James M. Giudice, J. Westwood Smithers Iii
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, James M. Giudice, J. Westwood Smithers Iii
Law Student Publications
Despite the school‘s storied past and deep historical roots, on March 3, 2015, the Sweet Briar Board of Directors announced its intention to shut down the college—permanently—the following summer. The Board cited "insurmountable financial challenges," including falling enrollment, a lack of unrestricted funds in its endowment, and the century-old school‘s lack of appeal to modern generations of students. The Board claimed the school was no longer financially viable, because though its $84 million endowment was sizeable by most measures, the school needed an endowment three times that size to stay open. Students, faculty, staff, and alumnae were blindsided by the …
Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa
Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa
Law School Blogs
No abstract provided.
Rejecting Charity: Why The Irs Denies Tax Exemption To 501(C)(3) Applicants, Terri Lynn Helge
Rejecting Charity: Why The Irs Denies Tax Exemption To 501(C)(3) Applicants, Terri Lynn Helge
Faculty Scholarship
New charitable organizations generally must file an application for exemption (Form 1023) and await approval from the Internal Revenue Service. Unfortunately, the criteria the Internal Revenue Service uses to evaluate applications has not always been transparent. If an application is approved, the Internal Revenue Service determination letter and the application for exemption are required to be made publicly available and can be requested from the Internal Revenue Service or the organization itself. Prior to 2004, in the case of denials, neither the application nor the Internal Revenue Service’s correspondence setting forth its rationale for the denial were made publicly available. …
The Red Cross And Red Crescent Movement: Power Players In International And Domestic Natural Disaster Law, Kristen Dale
The Red Cross And Red Crescent Movement: Power Players In International And Domestic Natural Disaster Law, Kristen Dale
Cardozo Journal of International and Comparative Law
The note examines the unique role of the American Red Cross (ARC) as a quasi-governmental organization in U.S. disaster response, highlighting its dual identity as both a federal instrumentality and a private corporation. This duality raises critical questions about accountability, independence, and neutrality, particularly in light of proposed oversight measures like the American Red Cross Transparency Act. The analysis explores how the ARC's role intersects with international frameworks and domestic policies, emphasizing the need to balance its operational efficiency with public accountability.
Look For The Helpers, Tara L. Casey
Look For The Helpers, Tara L. Casey
Law Faculty Publications
Mr. Rogers once said, “When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.’“
So, as I sit and wrestle with the news stream that surrounds me, I look for the helpers. And I find ... you.
Inside of each of us is the capacity to be the helper that provides a salve to our world’s wounds. We all can be the helpers when we create,cultivate, and operate pro bono service and community engagement programs that focus on …
The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law
The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
If I Go Crazy, Then Will You Still Call Me A Super Pac? How Enmeshment With Political Action Committees Makes Contribution Limits Enforceable On Independent Expenditure-Only Committees, Brian Greivenkamp
University of Cincinnati Law Review
No abstract provided.
Unearthed: Advocating Against Fracking And Breaking The Bond Of The Imagined World Order, Colleen E. Cloonan
Unearthed: Advocating Against Fracking And Breaking The Bond Of The Imagined World Order, Colleen E. Cloonan
ENV 434 Environmental Justice
While discussing the imagined world order, it is evident that the world is not perfect. Over the course of the centuries, the earth has been maimed by humans, whether it be during the agricultural age or throughout the process of industrialization into the modern era. Humans must realize that sooner, rather than later, we must address the environmental destruction we are causing. A specific case, with that such as hydraulic fracturing of shale, otherwise known as fracking, provides as an example of one of the environmental justice issues that is plaguing the earth. However, there are complications. In the consumer …
Accounting For The Government Funding Of Non-Profits And The Planned Parenthood Federation Of America, Rachel E. Brown
Accounting For The Government Funding Of Non-Profits And The Planned Parenthood Federation Of America, Rachel E. Brown
Senior Honors Theses
Accounting creates a framework for providing transparency in an organization. This foundation is especially important in not-for-profit entities because government grants and contributions often compose significant portions of overall revenues and receipts. An overview of non-profit standards and the government system of distributing funds provides insight into non-profits as a whole and enables the study of specific organizations. As the nation’s largest provider of abortion and family planning services, the Planned Parenthood Federation of America is an especially important organization to study and understand. It receives significant funds from federal and state governments and should receive equally significant evaluation by …
The 21st Century Fight Over Who Sets The Terms Of The Charity Property Tax Exemption, Evelyn Brody
The 21st Century Fight Over Who Sets The Terms Of The Charity Property Tax Exemption, Evelyn Brody
All Faculty Scholarship
Turning from the substantive issue of defining charity, this article considers the “who” question by examining the roles of the courts, legislatures, municipalities, and charities in determining exemption and payments in lieu of taxes. The three covered topics – constitutional power, statutory interpretation, and the “intermediate sanctions” of user fees and PILOTs – braid together to form the procedural framework for the financial relationship between nonprofit property owners and the taxing jurisdictions that host them. Change the parameters of one, and you change the others. Staying off the rolls or minimizing the tax bite often results from compromise – whether …
Courts, Constituencies, And The Enforcement Of Fiduciary Duties In The Nonprofit Sector, Joseph Mead, Michael Pollack
Courts, Constituencies, And The Enforcement Of Fiduciary Duties In The Nonprofit Sector, Joseph Mead, Michael Pollack
All Maxine Goodman Levin School of Urban Affairs Publications
Directors of nonprofit organizations owe fiduciary duties to their organizations, but the content of these duties—and how and when courts should enforce these duties—has long been debated among scholars and courts. This debate emerges in several areas, including the level of deference to be shown by courts to nonprofit directors (the business judgment rule), who should be allowed to sue to enforce duties (standing), and the type of relief available to prevailing plaintiffs (remedies). Existing literature explores these legal rules in isolation and in abstraction, generally failing to consider how the rules interact with each other and ignoring the empirical …
New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell
New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell
Fordham Urban Law Journal
No abstract provided.
Developing A Pedagogy Of Beneficiary Accountability In The Representation Of Social Justice Non-Profit Organizations, Amber Baylor, Daria Fisher Page
Developing A Pedagogy Of Beneficiary Accountability In The Representation Of Social Justice Non-Profit Organizations, Amber Baylor, Daria Fisher Page
Faculty Scholarship
This article seeks to begin a conversation on how we teach the problem of beneficiary accountability in the representation of organizations with social justice missions: How do we guide students towards a fuller understanding of the moral responsibility to engage and respect the voices of the communities most directly affected by the non-profit organization’s mission? We look at the issue through the pedagogical lens of our experience supervising clinic students, deconstructing the problems of beneficiary accountability that students faced in the representation of two social justice organizations, surveying relevant legal scholarship on organizational representation and community lawyering, and considering alternative …
In Museums We Trust: Analyzing The Mission Of Museums, Deaccessioning Policies, And The Public Trust, Sara Tam
In Museums We Trust: Analyzing The Mission Of Museums, Deaccessioning Policies, And The Public Trust, Sara Tam
Fordham Urban Law Journal
No abstract provided.
Thou Shalt Not Electioneer: Religious Nonprofit Political Activity And The Threat “God Pacs” Pose To Democracy And Religion, Jonathan Backer
Thou Shalt Not Electioneer: Religious Nonprofit Political Activity And The Threat “God Pacs” Pose To Democracy And Religion, Jonathan Backer
Michigan Law Review
The Supreme Court’s 2010 decision in Citizens United v. FEC invalidated a longstanding restriction on corporate and union campaign spending in federal elections, freeing entities with diverse political goals to spend unlimited amounts supporting candidates for federal office. Houses of worship and other religious nonprofits, however, remain strictly prohibited from engaging in partisan political activity as a condition of tax-exempt status under Internal Revenue Code § 501(c)(3). Absent this “electioneering prohibition,” religious nonprofits would be very attractive vehicles for political activity. These 501(c)(3) organizations can attract donors with the incentive of tax deductions for contributions. Moreover, houses of worship need …
Social Technology & The Origins Of Popular Philanthropy, Brian L. Frye
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.
Charitable Choices: The Need For A Uniform Nonprofit Limited Liability Company Act (Unllca), Kenya J. H. Smith
Charitable Choices: The Need For A Uniform Nonprofit Limited Liability Company Act (Unllca), Kenya J. H. Smith
University of Michigan Journal of Law Reform
Uniform laws serve an important role in our society, balancing state autonomy and the need to provide consistent solutions to common problems among the states. The Uniform Law Commission (ULC) is the preeminent authority that promulgates uniform laws. To date, the ULC has promulgated over 150 uniform and model acts. ULC tackles a wide array of issues, including child custody and protection, probate, electronic records, and commercial law. The ULC aims to “provide[ ] states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.”
International Organizations: The Work Of The Un In 2015, Javier Etcheverry Boneo, Elizabeth A. Turchi, Renee Dopplick, Jehmal Hudson, Gabrielle Culmer, Poopak Taati
International Organizations: The Work Of The Un In 2015, Javier Etcheverry Boneo, Elizabeth A. Turchi, Renee Dopplick, Jehmal Hudson, Gabrielle Culmer, Poopak Taati
The International Lawyer
No abstract provided.
Little Sisters Of The Poor Home For The Aged V. Sebelius: Ramifications For Church Plans And Religious Nonprofits, Samantha T. Ford
Little Sisters Of The Poor Home For The Aged V. Sebelius: Ramifications For Church Plans And Religious Nonprofits, Samantha T. Ford
University of Colorado Law Review
The mandate for certain employers to provide contraceptive care as part of their employees' benefit plans established by the Patient Protection and Affordable Care Act (PPACA) and pertinent regulations has been controversial and highly litigated since its passage in 2010. One party to this litigation, the Little Sisters of the Poor, finds the contraceptive care mandate to be in conflict with their fundamental religious beliefs. The Little Sisters also find PPACA's exceptions to the contraceptive care mandate for religious nonprofits to be inadequate in preventing the government from requiring the Little Sisters to violate their beliefs. Currently, the Little Sisters …
Nonprofit Oversight Under Siege: Introduction, Dana Brakman Reiser
Nonprofit Oversight Under Siege: Introduction, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
International Stalemate: The Need For A Structural Revamp Of The U.N. Security Council, Jessica Elbaz
International Stalemate: The Need For A Structural Revamp Of The U.N. Security Council, Jessica Elbaz
Cardozo Public Law, Policy & Ethics Journal
The note advocates for urgent reform of the United Nations Security Council (UNSC), focusing on abolishing the veto power of the five permanent members (P5) and expanding membership to improve representation and efficiency. It argues that the current structure often leads to gridlock, hindering effective action on global crises, and proposes replacing the veto with a composite majority voting system. The analysis emphasizes the need for reforms to address modern challenges, ensure timely interventions, and prevent violations of the UN Charter’s principles of peace and security.
Relative International Legal Personality Of Non-State Actors, William Thomas Worster
Relative International Legal Personality Of Non-State Actors, William Thomas Worster
Brooklyn Journal of International Law
Non-state actors are increasingly being considered international legal persons on a case-by-case basis. This articles argues that the common thread in making decisions on whether to treat a non-state actor as an international legal person is one of the function that the actor is playing in relation to other international actors. Gone is the traditional notion that only states are international legal persons, and it is now well accepted that international organizations are also persons. More controversial is the status of self-determination peoples, National Liberation Movements, indigenous peoples, insurgents, belligerents, combatants, private corporations, non-governmental organizations, religious organizations, and individuals. This …
Deaccessioning: A Pragmatic Approach, Ardis E. Strong
Deaccessioning: A Pragmatic Approach, Ardis E. Strong
Journal of Law and Policy
Art museums are curators of ideas, preservers of culture, and educators on the evolving aesthetics and morals of society. As such, they play an important role in contemporary society and should be accessible to a wide and diverse audience. One important debate in how museums best serve the public interest involves the museum practice of deaccessioning. Historically, policies governing the proceeds museums receive when they deaccession (or remove) work from their collection have strictly limited the use of these funds to the purchase of new art. This policy is based on the idea that museums hold art for the public …
Benefit Corporations: Providing A New Shield For Corporations With Ideals Beyond Profits, Kristin A. Neubauer
Benefit Corporations: Providing A New Shield For Corporations With Ideals Beyond Profits, Kristin A. Neubauer
Journal of Business & Technology Law
No abstract provided.
Developing A Pedagogy Of Beneficiary Accountability In The Representation Of Social Justice Non-Profit Organizations, Amber Baylor, Daria Fisher Page
Developing A Pedagogy Of Beneficiary Accountability In The Representation Of Social Justice Non-Profit Organizations, Amber Baylor, Daria Fisher Page
Faculty Scholarship
This article seeks to begin a conversation on how we teach the problem of beneficiary accountability in the representation of organizations with social justice missions: How do we guide students towards a fuller understanding of the moral responsibility to engage and respect the voices of the communities most directly affected by the non-profit organization’s mission? We look at the issue through the pedagogical lens of our experience supervising clinic students, deconstructing the problems of beneficiary accountability that students faced in the representation of two social justice organizations, surveying relevant legal scholarship on organizational representation and community lawyering, and considering alternative …