Transcript From Beyond Tobacco Symposium, Comments On Hamilton V. Accu-Tek,
2012
Pepperdine University
Transcript From Beyond Tobacco Symposium, Comments On Hamilton V. Accu-Tek, Denise Dunleavy
Pepperdine Law Review
No abstract provided.
Economic And Causation Issues In City Suits Against Gun Manufacturers ,
2012
Pepperdine University
Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall
Pepperdine Law Review
No abstract provided.
Taking Aim: The Impetus Driving Suits Against Gun Manufacturers ,
2012
Pepperdine University
Taking Aim: The Impetus Driving Suits Against Gun Manufacturers , Mark Barnes
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999,
2012
Pepperdine University
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
Hype And Hostility For Hybrid Companies: A Fourth Sector Case Study,
2012
Pepperdine University
Hype And Hostility For Hybrid Companies: A Fourth Sector Case Study, Ryan J. Gaffney
The Journal of Business, Entrepreneurship & the Law
The traditional three-sector ownership model of society grows outmoded. The prevalence of quasi-governmental agencies, public-private partnerships, and government bailouts blurs the line between the public and private sectors. Of concern to this article, however, is the blurring between the private and nonprofit sectors. The cross-pollination is so widespread that a call stands to amend the existing model with an “emerging fourth sector.” The social entrepreneurs attempting to bridge the gap between sectors face limitations from the outset of their venture; legislators did not design traditional legal entities for a “double bottom line” that includes social impact as well as profit. …
Charitable Organizations And Commercial Activity: A New Era - Will The Social Entrepreneurship Movement Force Change?,
2012
Pepperdine University
Charitable Organizations And Commercial Activity: A New Era - Will The Social Entrepreneurship Movement Force Change?, Jaclyn Cherry
The Journal of Business, Entrepreneurship & the Law
It is no longer a new trend for charitable organizations to become involved in commercial activities. Thousands of nonprofit organizations have embraced the social entrepreneurial concept and have either created “commercial” type ventures as part of their nonprofits, have created spin-off organizations or subsidiary organizations, or have moved into the new area of hybrid organizations. Because there are no clear rules or guidelines for dealing with this issue, the third sector finds itself with rogue components and a spin-off group of hybrid organizations being loosely termed “social entrepreneurs.” Though these groups have grown in numbers in recent years, they have …
California's Flexible Purpose Corporation: A Step Forward, A Step Back, Or No Step At All?,
2012
Pepperdine University
California's Flexible Purpose Corporation: A Step Forward, A Step Back, Or No Step At All?, Christen Clarke
The Journal of Business, Entrepreneurship & the Law
The roads of social welfare and commercial enterprise have come to an intersection in recent years. Laws governing corporations are expanding to make room for new forms of business entities that seek to satisfy both social and financial goals. The two most prominent “hybrid” business forms are the Low-Profit Limited Liability Company and the Benefit Corporation. The newest hybrid entity to take effect is the Flexible Purpose Corporation, which was introduced in California at the beginning of 2012. With the existence of hybrid organizations that already fit into the mold of Corporations and Limited Liability Companies, is there really a …
Agents Without Principals: Regulating The Duty Of Loyalty For Nonprofit Corporations Through The Intermediate Sanctions Tax Regulations,
2012
Pepperdine University
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 …
Fraley V. Facebook,
2012
Santa Clara Law
Fraley V. Facebook, United States District Court For The Northern District Of California
Historical and Topical Legal Documents
No abstract provided.
The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation,
2012
Boston College Law School
The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle
Scholarly Publications
No abstract provided.
Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia,
2012
New York Law School
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,
2012
New York Law School
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.
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough",
2012
University of Missouri - Kansas City, School of Law
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough", Robert C. Downs
Faculty Works
No abstract provided.
Perspectives - Alyssa Bellew Of The Neighborhood Unitarian Universalist Church Of Pasadena,
2012
New York Law School
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,
2012
New York Law School
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,
2012
New York Law School
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,
2012
New York Law School
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,
2012
New York Law School
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,
2012
New York Law School
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.
Delaware’S Balancing Act,
2012
University of Oxford
Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins
Indiana Law Journal
Delaware’s courts and well-developed case law are widely seen as integral elements of Delaware’s success in attracting incorporations. However, as we show using empirical evidence involving reported judicial decisions and filed cases concerning large mergers and acquisitions, leveraged buyouts, and options backdating, Delaware’s popularity as a venue for corporate litigation is under threat. Today, a majority of shareholder suits involving Delaware companies are being brought and decided elsewhere. We examine in this Article the implications of this “out-of-Delaware” trend, emphasizing a difficult balancing act that Delaware faces. If Delaware accommodates litigation too readily, companies, fearful of lawsuits, may incorporate elsewhere. …
