Open Access. Powered by Scholars. Published by Universities.®

Nonprofit Organizations Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

580 Full-Text Articles 563 Authors 403,004 Downloads 82 Institutions

All Articles in Nonprofit Organizations Law

Faceted Search

580 full-text articles. Page 21 of 25.

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 2016 University of Cincinnati Law Review

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 2016 Salve Regina University

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 2016 Liberty University

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 2016 IIT Chicago-Kent College of Law

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 2016 Cleveland State University

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 2016 Self-Represented Litigation Network

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 2016 Texas A&M University School of Law

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 2016 Fordham University School of Law

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 2016 University of Michigan Law School

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 …


International Organizations: The Work Of The Un In 2015, Javier Etcheverry Boneo, Elizabeth A. Turchi, Renee Dopplick, Jehmal Hudson, Gabrielle Culmer, Poopak Taati 2016 Southern Methodist University

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.


Social Technology & The Origins Of Popular Philanthropy, Brian L. Frye 2016 University of Kentucky College of Law

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 2016 Arizona Summit Law School

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.”


Little Sisters Of The Poor Home For The Aged V. Sebelius: Ramifications For Church Plans And Religious Nonprofits, Samantha T. Ford 2016 University of Colorado Law School

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 2016 Brooklyn Law School

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 2016 Benjamin N. Cardozo School of Law

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 2016 Brooklyn Law School

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 2016 Brooklyn Law School

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 2016 University of Maryland Francis King Carey School of Law

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 2016 Columbia Law School

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 …


Trending @ Rwulaw: Lorraine Lalli's Post: Coming Home, Lorraine Lalli 2015 Roger Williams University School of Law

Trending @ Rwulaw: Lorraine Lalli's Post: Coming Home, Lorraine Lalli

Law School Blogs

No abstract provided.


Digital Commons powered by bepress