Friday, February 15, 2019
Ellen Aprill's Review of Hamburger's "Liberal Suppression: Section 501(c)(3) and the Taxation of Speech"
Ellen Aprill (Loyola-LA) recently posted a review of Professor Philip Hamburger's (Columbia) "Liberal Suppression: Section 501(c)(3) and the Taxation of Speech" at HistPhil.org. HistPhil, which is "a web publication on the history of the philanthropic and nonprofit sectors, with a particular emphasis on how history can shed light on contemporary philanthropic issues and practice." Prof. Hamburger's book argues that, as a constitutional law matter,
February 15, 2019 in Books, Church and State, Federal – Legislative, Publications – Books, Weblogs | Permalink | Comments (1)
Friday, February 8, 2019
Research Handbook on Not-For-Profit Law
Edward Elgar Publishing has released the Research Handbook on Not-for-Profit Law, edited by Matthew Harding of Melbourne Law School. Here is the description:
This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
And here is the table of contents:
Introduction
Matthew Harding
Part I Theories of the Not-for-Profit Sector
1. A Law and Economics Perspective on Nonprofit Organizations
Richard Steinberg and Brian Galle
2. A Primer on the Neo-Classical Republican Theory of the Non-Profit Sector (And the Other Three Sectors Too)
Rob Atkinson
3. A Charity Law Perspective on a Liberal Perspective on Charity Law
Adam Parachin
4. The Not-for-Profit Sector: A Roman Catholic View
Fr Brian Lucas
Part II The Composition and Scope of the Not-for-Profit Sector
5. An Overview of the Not-for-Profit Sector
Myles McGregor-Lowndes OAM
6. The Boundary between Not-for-Profits and Government
Darryn Jensen
7. The Boundary between the Not-for-Profit and Business Sectors: Social Enterprise and Hybrid Models
Benjamin M Leff
8. Donor Intention and Dialectic Legal Policy Frames
John Picton
Part III Not-for-Profit Organisations and the Constitution
9. Not-for-Profit Organisations, Public Law and Private Law
Kathryn Chan
10. Not-for-Profit Organisations and Equality Law
François du Toit
11. Charity Law and Freedom of Political Communication: the Australian Experience
Jenny Beard
12. Not-for-Profit Law and Freedom of Religion
Pauline Ridge
Part IV The Legal Conception of Charity
13. The History and Future of the Law of Charity
G E Dal Pont
14. Charity in Common Law and Civilian Jurisdictions
Michael H Lubetsky
15. The Heads of Charity in Comparative Perspective
Debra Morris
16. Public Benefit Post-Pemsel
Mary Synge
Part V The Tax Treatment of Not-for-Profit Organisations
17. Taxation and the Not-for-Profit Sector Globally: Common Issues, Different Solutions
Ann O’Connell
18. Subsidizing Charity Liberally
Miranda Perry Fleischer
19. Ways the Charitable Deduction Has Shaped the US Charitable Sector
Roger Colinvaux
20. The Major Tax Concessions Granted to Charities in Australia, New Zealand, England, the United States of America and Hong Kong: What Lessons Can We Learn?’
Fiona Martin
21. Reforming Tax Policy with Respect to Non-Profit Organisations
Evelyn Brody
Part VI The Regulation of Not-for-Profit Organisations
22. Principles of Regulation of Not-for-Profits
Jonathan Garton
23. Design and Implementation of a Charitable Regulation Regime
Brian Galle
24. Redefining the Measure of Success: A Historical and Comparative Look at Charity Regulation
Oonagh B Breen
25. A Regulator’s View
Susan Pascoe AM
Lloyd Mayer
February 8, 2019 in Books, Publications – Books | Permalink | Comments (0)
Monday, May 7, 2018
Brunson: God and the IRS
Samuel D. Brunson (Loyola University Chicago) has published God and the IRS: Accomodating Religious Practice in United States Tax Law. Here is a brief description:
Seventy-five percent of Americans claim religious affiliation, which can impact their taxpaying responsibilities. In this illuminating book, Samuel D. Brunson describes the many problems and breakdowns that can occur when tax meets religion in the United States, and shows how the US government has too often responded to these issues in an unprincipled, ad hoc manner. God and the IRS offers a better framework to understand tax and religion. It should be read by scholars of religion and the law, policymakers, and individuals interested in understanding the implications of taxation on their religious practices.
Lloyd Mayer
May 7, 2018 in Books | Permalink | Comments (0)
Tuesday, January 2, 2018
Update Memos Reflecting Tax Reform Available for Nonprofit Organizations Casebook (NOW WITH LINKS)
James Fishman, Stephen Schwarz, and I have written supplemental update memos for our Nonprofit Organizations casebook reflecting the recently passed federal tax legislation. One update is for students and the other is for teachers. Foundation Press should make them available shortly, but for those of you who need them urgently please email any of us and we can send them directly to you.
UPDATE: Here are the West Academic links to the 2018 Student Update and the 2018 Teacher's Manual Update (latter requires logging in as a faculty member).
January 2, 2018 in Books, Federal – Legislative | Permalink | Comments (0)
Sunday, November 19, 2017
Reiser & Dean: Social Enterprise Law (Oxford University Press)
Dana Brakman Reiser and Steven A. Dean (both Brooklyn) have written Social Enterprise Law: Trust, Public Benefit and Capital Markets. Here is an overview:
- Controversial thesis: law can make corporations better citizens and make it easier for start-ups to raise capital by preventing insiders from selling out a social mission for increased profit
- Timely analysis: explores potential impact of new crowdfunding rules and increasingly popular hybrid legal forms such as the benefit corporation on the ability of start-ups to raise capital
- Provocative solutions: several chapters show how corporate governance, contract and even tax law can be harnessed to balance public good against private greed
Lloyd Mayer
November 19, 2017 in Books | Permalink | Comments (0)
Zelinsky: Taxing the Church (Oxford University Press)
Edward A. Zelinsky (Cardozo) has written Taxing the Church: Religion, Exemptions, Entanglement,and the Constitution (Oxford University Press). Here is an overview:
- Explores the taxation and exemption of churches and other religious institutions, both empirically and normatively
- Reveals that churches and other religious institutions are treated diversely by the federal and state tax systems
- Focuses on church-state entanglements with respect to taxing or exempting churches and other sectarian entities
- Discusses improvements that can be made in legal and tax policy trade-offs, such as the protection of internal church communications and the expansion of the churches' sales tax liabilities
- A clear, balanced, and comprehensive treatment of the topic that is broadly accessible to tax policymakers, lawyers, nonlawyers, judges, tax specialists, and even those with no background in the subject
For a review, see Peter J. Reilly on Forbes.
Lloyd Mayer
November 19, 2017 in Books, Church and State | Permalink | Comments (0)
Friday, June 23, 2017
More Social Enterprise Articles & Book Chapters
Earlier this week I posted a link to the recently published Financing the Benefit Corporation article by Dana Brakman Reiser and Steven Dean, but there have been a number of other recent articles and book chapters relating to social enterprise that are worth mentioning, including several draft book chapters forthcoming in The Cambridge Handbook of Social Enterprise Law:
Seattle University Law Review: Benefit Corporations and the Firm Commitment Universe (sixteen articles, including the Reiser & Dean article )
Brian D. Galle (Georgetown), Self-Regulation of Social Enterprise, forthcoming in The Cambridge Handbook of Social Enterprise Law
Andrew S. Gold (DePaul) & Paul B. Miller (McGill), Fiduciary Duties in Social Enterprise, forthcoming in The Cambridge Handbook of Social Enterprise Law
Lloyd Hitoshi Mayer (Notre Dame), Creating a Tax Space for Social Enterprise, forthcoming in The Cambridge Handbook of Social Enterprise Law
Brett McDonnell (Minnesota), Three Legislative Paths to Social Enterprise: L3Cs, Benefit Corporations, and Second Generation Cooperatives, forthcoming in The Cambridge Handbook of Social Enterprise Law
Peter Molk (Willamette), Do We Need Specialized Business Forms for Social Enterprise?, forthcoming in The Cambridge Handbook of Social Enterprise Law
Emily Winston (NYU), Benefit Corporations and the Separation of Benefit and Control, forthcoming in Cardoza Law Review
Lloyd Mayer
June 23, 2017 in Books, Publications – Articles | Permalink | Comments (0)
Friday, January 23, 2015
Winer & Crimm: Gods, Schools, and Government Funding
Ashgate has released a new book by Lawrence H. Winer (Arizona State) and Nina J. Crimm (St. John's) titled God, Schools, and Government Funding. Here is the description:
In recent years, a conservative majority of the U.S. Supreme Court, over vigorous dissents, has developed circumventions to the Establishment Clause of the First Amendment that allow state legislatures unabashedly to use public tax dollars increasingly to aid private elementary and secondary education. This expansive and innovative legislation provides considerable governmental funds to support parochial schools and other religiously-affiliated education providers. That political response to the perceived declining quality of traditional public schools and the vigorous school choice movement for alternative educational opportunities provokes passionate constitutional controversy. Yet, the Court’s recent decision in Arizona Christian School Tuition Organization v. Winn inappropriately denies taxpayers recourse to challenge these proliferating tax funding schemes in federal courts. Professors Winer and Crimm clearly elucidate the complex and controversial policy, legal, and constitutional issues involved in using tax expenditures - mechanisms such as exclusions, deductions, and credits that economically function as government subsidies - to finance private, religious schooling. The authors argue that legislatures must take great care in structuring such programs and set forth various proposals to ameliorate the highly troubling dissention and divisiveness generated by state aid for religious education.
Lloyd Mayer
January 23, 2015 in Books, Church and State | Permalink | Comments (0) | TrackBack (0)
Tuesday, January 28, 2014
California Historical Society Accepting Proposals for 2014 Book Award
The California Historical Society is accepting nominations for the 2014 California Historical Society Book Award.
According to today's Philanthropy News Digest, the Society will award a cash prize of $5,000
to a book-length manuscript that makes an important contribution to California historical scholarship and adheres to high scholarly standards while being lively and engaging to general readers. In addition to conventional works of historical scholarship, other works eligible for consideration include biographies, collections of letters or essays, photographic or artistic studies, creative nonfiction, and other ways of informing the mind and engaging the imagination in an understanding of California’s past.
The winning manuscript will be published in both print and e-book format, and the society will pay for an awards ceremony, promotion, and an author’s tour.
Eligibility and application guidelines are available at the California Historical Society Website.
VEJ
January 28, 2014 in Books, Other | Permalink | Comments (0) | TrackBack (0)
Monday, August 26, 2013
Updates Available for Schmidt's Nonprofit Law: The Life Cycle of a Charitable Organization
For those of you who use Betsy Schmidt's Nonprofit Law: The Life Cycle of a Charitable Organization in your class teaching materials, updates are available at http://www.aspenlawschool.com/books/non_profit/default.asp under "Professor Materials."
JDC
August 26, 2013 in Books | Permalink | Comments (0) | TrackBack (0)
Thursday, August 8, 2013
Updates for Fishman/Schwarz Casebook Available
For those who use Jim Fishman and Steve Schwarz's casebook, Nonprofit Organizations, Cases and Materials (4th ed. 2010), the 2013 Student Update is available here and 2013 Teacher's Manual Update is available here. (Full disclosure: I collaborated on these updates.)
LHM
August 8, 2013 in Books | Permalink | Comments (1) | TrackBack (0)
Thursday, March 14, 2013
Karla Simon's New Book on Civil Society in China
Professor Karla Simon's new book on Civil Society in China is now in print. The book is available for a significant early bird discount of $60 by logging on to www.oup.com/us and using promo code 31590.
JDC
March 14, 2013 in Books | Permalink | Comments (0) | TrackBack (0)
Thursday, October 13, 2011
Kentucky "Politics, Taxes, and the Pulpit" Conference
The University of Kentucky College of Law hosted yesterday a conference on the recent book Politics, Taxes, and the Pulpit: Provocative First Amendment Conflicts authored by Nina J. Crimm (St. John's) and Laurence H. Winer (Arizona State). Commentators were Dean David A. Brennen, Joshua A. Douglas (Kentucky), Rev. Nancy Jo Kemper (Transylvania University) and Paul E. Salamanca (Kentucky). The book is a comprehensive consideration of the constitutional and federal tax issues raised by religious leaders preaching politics from the pulpit and includes thought-provoking proposals for lessening the constitutional tensions in this area.
LHM
October 13, 2011 in Books, Church and State, Conferences | Permalink | Comments (0) | TrackBack (0)
Tuesday, August 30, 2011
UK Charity Commission Urged to Allow Not-for-Profit, Charitable Newspapers
We have previously blogged about the trend in the United States toward the creation of nonprofit news organizations (see, for example, a Pew Research Center's Project on Excellence in Journalism post, a federal legislation post, and a Texas Tribune post). Now from across the Pond comes word that a group of journalists, academics, and charitable funders is asking the Charity Commission for England and Wales to make it easier for nonprofits there to qualify as charities. The requests were apparently based upon a recent report prepared by the Reuters Institute for the Study of Journalism at Oxford University titled Is There a Better Structure for News Providers? The Potential in Charitable and Trust Ownership, which is summarized briefly on Oxford's website but is not yet available in full form. The author is Robert G. Picard. Here is the summary:
Charitable and trust ownership are frequently advocated as alternatives to challenges in commercial news organisations. This book adds information, evidence and knowledge to the dialogue taking place by exploring existing arrangements in UK, France, Canada, and US, looking at various structural arrangements and exploring advantages and disadvantages of various forms.
LHM
August 30, 2011 in Books, In the News, International | Permalink | Comments (0) | TrackBack (0)
Wednesday, March 30, 2011
A Compelling Social Enterprise Story
The Community Development Law Clinic that I supervise recently represented Carolina for Kibera (CFK), a nonprofit organization that focuses on public health and community development in Kibera, a sprawling slum just outside of Nairobi, Kenya. (For those who are curious, we performed a standard legal audit for the organization and determined that it is in fine legal condition.) CFK was founded a decade ago by a UNC-Chapel Hill undergraduate, Rye Barcott, with a decidedly grassroots approach. Residents of Kibera told Rye and his collaborators that young people in the community needed healthy activities, so they founded a soccer league that has grown into an important institution. Soccer provided a way into the lives of young people and their families, and today CFK is a thriving, million-dollar-a-year NGO that runs several heralded programs including an extremely successful health clinic. As CFK grew, Rye became somewhat of a social enterprise celebrity. It did not hurt his reputation that he entered the Marines after graduating from Chapel Hill and continued to act as a principal of the organization while he was on active service in Iraq.
Now Rye has written a book, It Happened on the Way to War: A Marine's Path to Peace. Available on Amazon, the book is being advertised as the next Three Cups. I have not yet read the book, so I cannot endorse it (I hope it has more literary merit than Three Cups), but I can tell you that Rye's story is compelling and that, if he comes through your town to do a reading or a CFK fundraiser, it would be worth the trip.
TAK
March 30, 2011 in Books, Current Affairs | Permalink | Comments (0) | TrackBack (0)
Sunday, January 9, 2011
Discussion of Hammack & Anheier's American Foundations: Roles and Contributions Hosted by Hudston Institute
On Tuesday, January 25th in Washington, DC, the Hudson Institute will be hosting a book discussion of American Foundations: Roles and Contributions, edited by David Hammack (Case Western Reserve) and Helmut Anheier (UCLA). According to the announcement, the panelists will include co-editor David Hammack, as well as Leslie Lenkowsky of Indiana University, Steven Rathgeb Smith of Georgetown University, and Susan Ostrander of Tufts University. Bradley Center Director William Schambra will moderate the discussion.
LHM
January 9, 2011 in Books, Paper Presentations and Seminars | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 3, 2010
New Publication on Nonprofit Finance
A timely new book entitled Nonprofit
Finance for Hard Times: Leadership Strategies When Economies Falter by
Susan Raymond, has recently been publishedThe book is meant to be a tool for
nonprofit organizations seeking to reassess strategies for managing their
financial health. It provides
information and guidance on a variety of subjects including responding to the
economic crisis, change in stability interests, financial support strategies,
and a systems approach to revenue strategy.
SS
February 3, 2010 in Books | Permalink | Comments (0) | TrackBack (0)
Thursday, November 5, 2009
Another Source on Nonprofit Performance Metrics
Yesterday I blogged about a joint project between The Urban Institute and Social Solutions to launch a web portal with information to help nonprofits improve performance. Today, Root Cause, a nonprofit advisory organization, announced a new book recommending that nonprofits adapt for-profit data-driven performance measures to help judge and improve nonprofits' impact. According to this story in Reuters, the book (entitled Building a Performance Measurement System: Using Data to Accelerate Social Impact) looks at the performance measurement system commonly used by the private sector to increase profitability, and modifies it "for a simplified, step-by-step customized system to help nonprofits improve operations and increase social impact."
A free PDF of the book and more information is available for download from the Root Cause web site.
JDC
November 5, 2009 in Books | Permalink | Comments (0) | TrackBack (0)