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Nonprofit Organizations Law Commons™

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Full-Text Articles in Nonprofit Organizations Law

The Commerciality Of Non-Profit Hospitals Requires Them To Be Taxed: Bringing The Debate To A Conclusion, Edward A. Zelinsky Apr 2023

The Commerciality Of Non-Profit Hospitals Requires Them To Be Taxed: Bringing The Debate To A Conclusion, Edward A. Zelinsky

Articles

It is now time to conclude our prolonged debate about the tax-exempt status of nonprofit hospitals. The contemporary nonprofit hospital is a commercial enterprise, materially indistinguishable for tax purposes from its profit-making, taxed competitor. The federal income tax and the states’ income, sales and property taxes should treat all hospitals alike, regardless of whether such hospitals are nonprofit or for-profit enterprises. In the interests of equity and efficiency, these similar institutions should be taxed similarly.

As a political matter, nonprofit hospitals will continue to defend their tax-exempt status. Like any other lucrative, vested interest, nonprofit hospitals will continue to fight …


Corrupt Or Charitable? Patient Assistance Programs And The Case For Narrowing The Breadth Of The Federal Anti-Kickback Statute, Isaac Strauss Dec 2022

Corrupt Or Charitable? Patient Assistance Programs And The Case For Narrowing The Breadth Of The Federal Anti-Kickback Statute, Isaac Strauss

Cardozo Law Review

No abstract provided.


Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet Jan 2022

Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Articles

As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Others may have come to agreements with their lenders, likewise pausing or altering payment on other debts, such as auto loans and credit cards. This relief allowed households to allocate their savings and income to necessary expenses, like groceries, utilities, and medicine. But forbearance does not equal forgiveness. At the end of the various relief periods and moratoria, people will have to resume paying all their debts, the amounts of which may …


Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran Jan 2019

Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

This Article addresses a pervasive and growing problem for returning citizens – high rates of economic insecurity – and as a novel solution, proposes the creation of Economic Justice Incubators a new municipally led social enterprise strategy.

Mass incarceration is a national problem and requires comprehensive criminal justice reform. In contrast, the process of reentry is locally focused thanks to a complex web of collateral consequences. An estimated 641,000 people return home from prison each year, many to a limited number of economically distressed communities. Once released, their mobility is limited by the terms of their parole and the collateral …


Legislation Meets Tradition: Interpretations And Implications Of The Volunteer Protection Act For Nonprofit Organizations As Viewed Through The Lens Of Hermeneutics, Patricia Groble, Nicholas C. Zingale, Joseph Mead May 2018

Legislation Meets Tradition: Interpretations And Implications Of The Volunteer Protection Act For Nonprofit Organizations As Viewed Through The Lens Of Hermeneutics, Patricia Groble, Nicholas C. Zingale, Joseph Mead

Journal of Public Management & Social Policy

Volunteers enable nonprofit organizations to reach more clients and more effectively fulfill their missions. However, the good done by these volunteers may be offset by their careless behavior. Rising fears that resulting lawsuits and monetary damages would deter potential volunteers from volunteering caused Congress to enact the Volunteer Protection Act. This research studies court decisions to ascertain whether the law fulfills its purpose and considers the implications of these interpretations for nonprofit managers. It also tests the usefulness of the hermeneutical approach to legal interpretation and to determine how the Act has changed as a result of these court decisions …


Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber Jan 2017

Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber

Scholarly Articles in Law Reviews & Journals

The results of the 2016 presidential election and the efforts by the Trump administration to make sweeping changes to a wide range of federal policies have left communities across the country feeling overwhelmed and threatened. In its first year, the Trump administration has been working steadily to slash budgets for health care, housing, infrastructure, schools, and other public benefits that help low-income and middle-class Americans, while adopting policies and engaging in rhetoric that has made many immigrants, Muslims, people of color, and LGBTQ people feel increasingly vulnerable and marginalized.

The authors of this commentary run law clinics that provide pro …


Teaching And Practicing Community Development Poverty Law: Lawyers And Clients As Trusted Neighborhood Problem Solvers, Susan Bennett, Alicia Alvarez, Louise Howells, Hannah Lieberman Jan 2017

Teaching And Practicing Community Development Poverty Law: Lawyers And Clients As Trusted Neighborhood Problem Solvers, Susan Bennett, Alicia Alvarez, Louise Howells, Hannah Lieberman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Towering Above Charities: Real Estate Development By Nonprofit Organizations, Zoning Variances, And The Reasonable Return Finding, Eric J. Gruber Dec 1986

Towering Above Charities: Real Estate Development By Nonprofit Organizations, Zoning Variances, And The Reasonable Return Finding, Eric J. Gruber

Cardozo Law Review

No abstract provided.