Tuesday, December 4, 2007

AALS Annual Meeting Programs Related to Nonprofit and Philanthropy Law

The Association of American Law Schools will host its 2008 Annual Meeting on January 2 - 6, 2008, in New York, NY.  Three AALS sections (Nonprofit and Philanthropy Law; Taxation; and Donative Transfers, Fiduciaries and Estate Planning) and one outside organization (New York University's National Center on Philanthropy and the Law) are sponsoring programs at the annual meeting that address matters related to nonprofit and philanthropy law. Here is a complete list of the programs with dates, times, locations and descriptions:

Friday, January 4, 2008

8:30 - 10:15 a.m.
Section on Taxation
Nassau A, Second Floor, Hilton New York
Interdisciplinary Reasons to Recalibrate the Equity/Efficiency Balance in Tax Analysis

Moderator: Neil H. Buchanan, Rutgers, The State University of N.J. Center for Law and Justice
Speakers: David Alexander Brennen, University of Georgia School of Law
Karen B. Brown, The George Washington University Law School
Mary Louise Fellows, University of Minnesota Law School
Sagit Leviner, Office of Chief Counsel, National Headquarters Office of Research, Internal Revenue Service, Washington, D.C.
James Charles Smith, University of Georgia School of Law

This panel will explore tax law through a lens that extends beyond traditional law and economics. It is the belief of many tax law scholars that tax law, like many other fields of law, is about much more than attaining efficiency in the tax system. There are elements of justice, fairness and equality that economic concepts like efficiency just do not capture at times. Given this view of tax law, this panel tries to highlight some of the various approaches to tax law analysis that look beyond the traditional efficiency paradigm. The panelists will discuss various aspects of tax law including wealth taxation at death, tax policymaking, tax exemption, international tax and state property tax. The panelists will discuss these aspects of tax law using various methodologies, including law and literature, various political theories, law and market economy theory and critical race theory.

Business Meeting at Program Conclusion.

Saturday, January 5, 2008

10:30 a.m.- 12:15 p.m.
Section on Nonprofit and Philanthropy Law, Co-Sponsored by Section on Legislation and Law of the Political Process
Morgan Suite, Second Floor, Hilton New York
The Participation of Nonprofits in Democracy

Moderator: Miriam Galston, The George Washington University Law School
Speakers: Richard Briffault, Columbia University School of Law
Miranda Perry Fleischer, University of Illinois College of Law
Lloyd Hitoshi Mayer, Notre Dame Law School
Dana Brakman Reiser, Brooklyn Law School

The relationship between nonprofits and democracy is multi-faceted. From an institutional perspective, there is an inherent tension between maximizing individual liberty by spreading out decision-making and power through non-profits with the need to respect our democratic process. The proper balance of power between these two sectors has been the subject of ongoing debate. This tension is exacerbated when the nonprofit sector seeks to influence the governmental sector directly, and the role that nonprofit organizations should play in political campaigns and lobbying has received increasing attention in recent years. Congress has considered proposals ranging from permitting pastors to endorse candidates from the pulpit to treating all “527” organizations as PACs. Advocacy groups, unions and businesses are creating growing constellations of nonprofit organizations to influence the public and lawmakers about pressing public policy issues, to shape legislation and ballot initiatives, and to affect who is elected to public office. Lastly, the extent to which nonprofit organizations themselves should be subject to democratic processes in choosing leaders and setting their agendas is a growing area of debate within many organizations.

Business Meeting at Program Conclusion.

Saturday, January 5, 2008

1:30 - 3:15 p.m.
Section on Donative Transfers, Fiduciaries and Estate Planning
Madison Suite, Second Floor, Hilton New York
New Research in Trusts and Estates

Moderator: Ray D. Madoff, Boston College Law School
Speakers: Ira Mark Bloom, Albany Law School
Patricia A. Cain, University of Iowa College of Law
Mary Louise Fellows, University of Minnesota Law School
Kristine S. Knaplund, Pepperdine University School of Law
E. Gary Spitko, Santa Clara University School of Law

This program focuses on research in progress. Professor Bloom will be speaking on the harmonization (or lack of harmonization) of rules governing wills and revocable trusts. Professor Spitko and Professor Fellows will be presenting results from their current empirical research on using insights from beneficiary designations in will substitutes as a mode of determining donor intent for intestacy statutes. Professor Knaplund will be presenting her research on the relationship between the charitable bequests and the estate tax and Professor Cain will be presenting her work on the current status of wills, trusts and planning issues for same sex couples. We have also reserved time for questions and lively commentary to follow.

Business Meeting at Program Conclusion.

Sunday, January 6, 2008

9:00 - 10:45 a.m.
Section on Nonprofit and Philanthropy Law
Nassau B, Second Floor, Hilton New York
Roundtable on Nonprofit and Philanthropy Law Scholarship

Moderator: Darryll Keith Jones, University of Pittsburgh School of Law
Speakers: Robert E. Atkinson, Jr., Florida State University College of Law
Harvey P. Dale, New York University School of Law
James J. Fishman, Pace University School of Law
Marion R. Fremont-Smith, Senior Research Fellow, John F. Kennedy School of Government, Harvard University, Cambridge, Massachusetts
Susan N. Gary, University of Oregon School of Law

In this roundtable, pioneering and leading scholars of nonprofit and philanthropy law will discuss this field’s development as a discrete discipline, assess the current state of scholarship in this field, and consider fruitful areas for future research. Panelists will discuss aspects of nonprofit and philanthropy law from the perspective of general notions of corporate law, tax law and trust law.

Other Organization Events

Sunday, January 6, 2008

7:00 - 8:30 a.m.
National Center for Philanthropy and the Law Philanthropy Professors Breakfast
Lincoln Suite, Fourth Floor, Hilton New York



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