Organizations Law Commons^™

Profile - Human Rights Watch, James Hagy, Mehgan Gallagher

Rooftops Project

Rooftops Project Profile - Human Rights Watch - Every day, not-for-profit organizations face “stay or move” choices when they approach the end of their leases. Making predictions about space, and making space work, can be challenging. How did one such organization assess its choices as a tenant in one of the most iconic buildings in Manhattan? The Rooftops Project’s Mehgan Gallagher speaks with David Bragg at Human Rights Watch.

Profiles - Chicago Literacenter, James Hagy

Rooftops Project

Business news is often filled with stories about incubator spaces and entrepreneurial hubs in which start-up companies can hang out, network, and grow. What might result when these concepts are adapted to bring together diverse not-for-profit organizations focused on similar missions? Professor James Hagy visits Stacy Ratner, Co-Founder and Creative Director of the Chicago Literacy Alliance, and Transwestern’s Larry Serota at the grand opening of Literacenter in downtown Chicago.

Profits V. Purpose: Hybrid Companies And The Charitable Dollar, Rachel Culley, Jill R. Horwitz

Law & Economics Working Papers

Social entrepreneurship -- a catch-all term meaning harnessing business practices for social good -- has attracted people who want to “do well while doing good” for decades. Advocates of the idea have succeeded in blurring the boundaries among legal ownership types and inspired nonprofit/for-profit joint ventures, public-private partnerships, and the widespread privatization of traditional government functions and activities. The most recent manifestation of this trend is the creation of hybrid non-profit/for-profit firms. In the United States, the Low-Profit Limited Liability Company (L3C) is growing, and there are similar firms in the United Kingdom and Canada. In this paper we address …

Profile - The Jacques Marchais Museum Of Tibetan Art, James Hagy, Kelly Cooper

Rooftops Project

Picture yourself leading a museum tucked into a 21st-century residential neighborhood, housed in a mid-20th-century building, mimicking a 16th-century Tibetan monastery, containing priceless art objects crossing a millennium. The Rooftops Project’s Kelly Cooper and Professor James Hagy visit the Jacques Marchais Museum of Tibetan Art on Staten Island, New York.

Profile - The Jewish Reconstructionist Congregation, Evanston, Illinois, James Hagy, Carlee Cooper

Rooftops Project

A religious congregation envisions a new building better suited to its needs than its existing facility. But the location is perfect at its present suburban property. How might it start over while also observing green design principles? Rooftops Project team member Carlee Cooper and Professor James Hagy tour the new home of the Jewish Reconstructionist Congregation in Evanston, Illinois, with Michael Ross of Ross Barney Architects. It is the first place of worship in the United States to receive a LEED Platinum designation.

Panorama - London Olympics Site Redevelopment, James Hagy, Dmitriy Ishimbayev

Rooftops Project

The 2012 London Olympics are over, yet the work is just beginning. Solicitor Linda Fletcher of the London office of the law firm Pinsent Masons talked with Dmitriy Ishimbeyev and Professor James Hagy about the 18-year project to redevelop and repurpose the Olympics venue for the longer term as a major, sustainable, mixed-use community in east London.

Profile - The Noguchi Museum, James Hagy

Rooftops Project

Few not-for-profit cultural or historic sites can be traced through a single thread, from heritage in an unlikely industrial setting in Queens; its conversion to workspace for the creation, staging and deployment of art throughout the world; its rededication by the living artist as a museum space while still a working gallery; and ultimately its preservation as a permanent cultural destination. At the Noguchi Museum, members and visitors can appreciate artist Isamu Noguchi’s full body of work in many media, enjoy the tranquility of galleries and gardens in a profoundly close-by urban setting, and understand the context in which that …

Profile - Not-For-Profit As Urban Neighbor: Groundswell, James Hagy, Scott Haggmark

Rooftops Project

Few not-for-profit organizations can claim to have made a dramatic, permanent, outdoor visual impact on more than 450 city blocks through the five boroughs of New York City. Groundswell has done just that. As part of a continuing series looking at not-for-profits as urban neighbors, The Rooftop Project’s Scott Haggmark and Professor James Hagy visit with Amy Sananman and Sharon Polli at Groundswell’s Brooklyn headquarters.

Profile - Not-For-Profit As Urban Neighbor: The Bowery Residents’ Committee, James Hagy, Tamara Salzman

Rooftops Project

From the very beginning of its new headquarters project, The Bowery Residents’ Committee set out not only to serve its mission but to be the very best neighbor. Seriously, how many of us freeze our garbage before putting it out for collection? Muzzy Rosenblatt, Christine Lalor-Chisholm, and John Johnson of The Bowery Residents’ Committee, and Charles Thanhauser and Sarah Corcoran of its architectural firm, TEK Architects, talk with the Rooftops Project’s Tamara Salzman an Professor James Hagy about their approach to this unique project in the heart of Manhattan.

Unfair And Unintended: The Tax-Exempt Organization Blocker Loophole, Andrew M. Dougherty

BYU Law Review

No abstract provided.

Profile - The Wildlife Conservation Society, James Hagy, Lana Buchbinder, Barbara Beau

Rooftops Project

What might it be like if your not-for-profit was responsible for projects with occupants consisting of humans plus some 1,700 other species? How can physical location and the needs of animals and visitors be harmonized through architectural design? Barbara Beau, Lana Buchbinder, and Professor James Hagy of The Rooftops Project interview Sue Chin about her work as Chief Architect at the Wildlife Conservation Society.

Solving Charity Failures, Brian L. Frye

Law Faculty Scholarly Articles

“Crowdfunding” is a way of using the Internet to raise money by asking the public to contribute to a project. In the past, asking a large number of people to contribute small amounts of money to a project was expensive and inefficient for most organizations and individuals. By greatly reducing transaction costs, crowdfunding enables anyone to inexpensively and efficiently seek small contributions to a project. While crowdfunding is a new model of fundraising, it has already transformed funding for the arts. For example, the crowdfunding platform Kickstarter distributed more than forty million dollars to the creators of almost seventy-five hundred …

Perspectives - Kenneth Levien And Kimberly Dowdell Of Levien & Company, Inc., James Hagy, Dmitriy Ishimbayev

Rooftops Project

Kenneth Levien and Kimberly Dowdell share thoughts with The Rooftops Project’s Dmitriy Ishimbayev and Professor James Hagy on the role of project management in not-for-profit construction and renovation projects.

Panorama - Jefferson Mok, James Hagy, Arthy Bakthavasalam

Rooftops Project

What is your real estate strategy when you are the first on-the-ground representative of a social service not-for-profit entering a remote market abroad with a new program? Jefferson Mok reflects on four years in Burundi in a conversation with The Rooftops Project’s Arthy Bakthavasalam and Professor James Hagy.

Perspectives - Michael Carlton Of Carlton Architecture, James Hagy, Emily Barile

Rooftops Project

Michael Carlton talks with The Rooftops Project’s Emily Barile and Professor James Hagy about the intersections among architecture, interior design, real estate, and not-for-profit strategic planning.

Panorama - Caring For The Palace Museum, Bejing, China, James Hagy, Cai Bowen

Rooftops Project

Shi Zhimin discusses his work as Director of the Ancient Building Management Office of The Palace Museum in Beijing, still also recognized by many visitors as the former Chinese imperial palace known as The Forbidden City, with Cai Bowen and Professor James Hagy, Director of The Rooftops Project.

Perspectives - Richard Cohn, Motion Picture Gaffer, Magician, Musician, James Hagy, Kristen Porro

Rooftops Project

The Rooftops Project’s Kristen Porro talks with Richard Cohn, Gaffer (Chief Electrician) to the television and movie industry on location in New York City, and performing magician, who shares tricks of his two trades that not-for-profits can use to make the most of often imperfect performance spaces.

Perspectives - Kimse Yok Mu: An Organization’S Effort For The Advancement Of Life, James Hagy, Shaan Lodi

Rooftops Project

The Rooftops Project’s Shaan Lodi talks with Turkish relief organization Kimse Yok Mu about its approach to the real estate needed to support disaster response and other work in often challenging settings in 96 countries.

Tax Planning For Marijuana Dealers, Benjamin Leff

Scholarly Articles in Law Reviews & Journals

In recent years, many states have legalized marijuana while the federal government continues to consider all marijuana sales and use illegal. But marijuana industry insiders consider not federal criminal law but federal tax law to be the biggest impediment to the development of a legitimate marijuana industry. State-sanctioned marijuana sellers are required to pay federal income taxes pursuant to § 280E, a formerly largely symbolic provision that Congress enacted to punish drug dealers, but which now could potentially drive legitimate marijuana sellers underground.

This paper proposes a tax strategy that enables state-sanctioned marijuana sellers to avoid the impact of § …

When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer

UIC Law Review

No abstract provided.

Agents Without Principals: Regulating The Duty Of Loyalty For Nonprofit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson

The Journal of Business, Entrepreneurship & the Law

Delaware corporate law imposes a duty of loyalty on officers and directors as a mechanism to regulate and deter self-dealing transactions. In nonprofit corporations, however, there are generally no shareholders with direct financial incentives to monitor against self-dealing. In the absence of shareholders and other principals, Congress and the IRS have articulated duty of loyalty rules for nonprofits that reach far beyond those applied to the for-profit world--most prominently the § 4958 intermediate sanctions. This article identifies the persons who owe a duty of loyalty to a nonprofit corporation, the applicable fiduciary standards for violating the duty of loyalty, and …

Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia, James Hagy

Rooftops Project

Benjamin Webb discusses the rewards and challenges of being responsible for facilities management and energy for the largest mixed-program cultural center in the Southeastern U.S.

Profile - Legal Aid Center Of Southern Nevada, James Hagy

Rooftops Project

Responding to an ever-increasing need for pro bono legal services, the Legal Aid Center of Southern Nevada recently broke ground in downtown Las Vegas on what will become its new headquarters. Professor James Hagy, Director of The Rooftops Project, talks with Eexecutive Director Barbara Buckley about the project and the role that the new facility will play in advancing the Center’s mission and its services to clients.

Perspectives - Alyssa Bellew Of The Neighborhood Unitarian Universalist Church Of Pasadena, James Hagy

Rooftops Project

At manyplaces of worship, responsibility for oversight of the physical facilities falls to administrative staff as one more adjunct to an already busy schedule. At others, property tasks may be left to volunteers. The “on-the-job training” may often be self-taught. Professor James Hagy explores these challenges with Alyssa Bellew, Administrative Director of Neighborhood Unitarian Universalist Church.

Panorama - International Perspectives: Kathleen Curran, Director Of Casa Nuevo Horizonte, Santa Cruz, Bolivia, James Hagy

Rooftops Project

In this first of our series of international perspectives, Kathleen Curran relfects on the important role that physical space has played in her charitable mission in Bolivia supporting promising students seeking an advanced education in a setting of poverty.

Perspectives - Alice Korngold Of Korngold Consulting, James Hagy

Rooftops Project

Alice Korngold of Korngold Consulting presents her views on optimizing the match between not-for-profit organizations and prospective board member volunteers.

Perspectives - Steve Marcussen And Jonathan Sklar Of Cushman & Wakefield, James Hagy

Rooftops Project

Steve Marcussen and Jonathan Sklar of Cushman & Wakefield’s Los Angeles office share thoughts on how not-for-profit organizations can be more effective with their real estate assets and in implementing projects with outside real estate brokerage advisors.

Profile - Fernbank Museum Of Natural History, James Hagy

Rooftops Project

Any natural history or science museum would be proud to haev the diversity of collections and programmatic resources found at Fernbank Museum of Natural History in Atlanta, Georgia. But few if any can law claim, as Fernbank does, to having “grown out of a forest.” Professor James Hagy, Director of The Rooftops Project, talks wiht Aneli Nugteren, Executive Vice President and Chief Operating Officer of Fernbank Museum, about its unique campus, mission, and facilities.

Profile - The California Endowment’S Center For Healthy Communities, James Hagy

Rooftops Project

When the California Endowment planned new headquarters space for its own operations, its vision also included creating conference space suitable for events by other not-for-profits, opportunities for formal and informal collaboration among not-for-profits with compatible missions, and even incubator spaces for smaller organizations in need of an office presence. In this second article in his series looking at not-for-profits as urban neighbors, Professor James Hagy, Director of The Rooftops Project, talks with Anne-Marie Jones, Director of the Endowment’s Center for Healthy Communities, and Edward de la Torre, its Director of Facilities and Events.

Profile - The Gates Foundation Leed Platinum Seattle Headquarters, James Hagy

Rooftops Project

In this first article in his series looking at not-for-profits as urban neighbors, Professor James Hagy, Director of The Rooftops Project, visits with the Gates Foundation at its recently opened LEED Platinum Seattle headquarters campus.