Attorney General Oversight of Charities

The attorneys general in each of the states have broad powers to regulate nonprofit, tax exempt charitable organizations. In ten states there us active enforcement of the duties of loyalty care of charitable fiduciaries, while in another twenty-nine, the attorney general oversee charitable fundraising. This paper describes the operations of these state offices, the advantages and shortcomings of state regulation, and recent changes in the laws. It contains suggestions for changes in both state and federal law to improve accountability of the charitable sector. This publication is Hauser Center Working Paper No. 41. The Hauser Center Working Paper Series was launched during the summer of 2000. The Series enables the Hauser Center to share with a broad audience important works-in-progress written by Hauser Center scholars and researchers

Countering a Legal Threat to Cultural Exchanges of Works of Art: The Malewicz Case and Proposed Remedies

The ability of U.S. museums to borrow for exhibition works of art from museums owned by foreign governments is seriously threatened under a ruling of the Federal District Court for the District of Columbia in the case of Malewicz v. City of Amsterdam that is now on appeal. If upheld, future cultural exchanges may be seriously curtailed; in fact, there is evidence that the case has already had a chilling effect on the willingness of foreign lenders to permit their works of art to travel to the United States. The case in question involves works of art lent by the city of Amsterdam to two U.S. museums that, under the terms of the 1965 Immunity from Seizure Act, were protected from seizure while in the United States. At issue in the case is a separate statute, the Foreign Sovereign Immunity Act, under which foreign governmental entities whose property is at any time in the United States are immune from suit here unless the property involves a violation of international law and commercial activity. The District Court held that the Immunity from Seizure Act only protects works of art from seizure; it does not preclude suits for damages against the owners; and that the loan of art works to U.S. museums is commercial activity as that term is used in the Foreign Sovereign Immunity Act. In order to assure continued cultural exchanges, legislation is needed that will extend the Immunity from Seizure Act to protect a foreign owner from any suit based on the presence of artwork in the United States that has received protection under the Act.This publication is Hauser Center Working Paper No. 42. The Hauser Center Working Paper Series was launched during the summer of 2000. The Series enables the Hauser Center to share with a broad audience important works-in-progress written by Hauser Center scholars and researchers

The Search for Greater Accountability of Nonprofit Organizations: Recent Legal Developments and Proposals for Change

Recent changes in federal and state laws governing non-profit charitable organizations are transforming the rules under which they operate and the methods by which they and their fiduciaries are held accountable to government and the public. These changes include relaxing the rules prohibiting donors from bringing legal suits to enforce the terms of their gift or agreeing to modify restrictions; liberalizing the doctrines of cy pres and deviation under which charitable purposes and methods for administering them may be revised due to changed circumstances; imposing new duties on directors of charitable corporations and redefining the scope of their duties of loyalty and care. The Pension Reform Act of 2006 changed some of the IRC provisions dealing with charities and others are being considered in the Congress. Recommendations to increase federal and state regulation are also being considered together with proposals for expanding the breadth of self-regulation. The paper describes these changes and their proponents. It concludes with observations on their efficacy and the likelihood of their being adopted.This publication is Hauser Center Working Paper No. 33.8. Hauser Working Paper Series Nos. 33.1-33.9 were prepared as background papers for the Nonprofit Governance and Accountability Symposium October 3-4, 2006

The Future of State Regulation of Charities

The subject assigned to me, “The Future of State Regulation of Charities”, came with a request that I include some reflections on my experience as a state regulator some fifty years ago and as an observer and supporter of improved and expanded state regulation ever since then. Regulation of charities has two overriding purposes: (1) to assure accountability of fiduciaries and protect charitable assets, and (2) as part of a program of consumer protection to prevent misleading or fraudulent solicitations. This paper focuses on how the present scheme of state regulation developed, how and where it fits with federal regulation, and suggestions from scholars and practitioners as to how it might be improved. Finally, although my record for predicting changes is very poor, I will provide some surmises as to the future

The Common Law Power of the Legislature: Insurer Conversions and Charitable Funds

New York\u27s Empire Blue Ccoss and Blue Shield conversion from nonprofic cofor­ profic form has considerable legal significance. Three aspects of the conversion ma.ke checase unique: the role of the scace legislature in directing the disposicion of the conversion assets, che face chac it made itself che primary beneficiary of chose assets, and the actions of che scace attorney general defending the state rather than che public inceresc in che charitable assets. Drawing on several cenruries of common Law rejecting the Legislacive power to direct the disposition of charitable funds, chis article argues chat the legislature lacked power cocontrol che conversion and direcc the disposition of ics proceeds and chat its actions not only undermined the nonprofic form but also raised conscicucional concerns

The Common Law Power of the Legislature: Insurer Conversions and Charitable Funds

New York\u27s Empire Blue Ccoss and Blue Shield conversion from nonprofic cofor­ profic form has considerable legal significance. Three aspects of the conversion ma.ke checase unique: the role of the scace legislature in directing the disposicion of the conversion assets, che face chac it made itself che primary beneficiary of chose assets, and the actions of che scace attorney general defending the state rather than che public inceresc in che charitable assets. Drawing on several cenruries of common Law rejecting the Legislacive power to direct the disposition of charitable funds, chis article argues chat the legislature lacked power cocontrol che conversion and direcc the disposition of ics proceeds and chat its actions not only undermined the nonprofic form but also raised conscicucional concerns

Wrongdoing Officers and Directors of Charities: A Survey of Press Reports 1995-2002

This paper presents the results of a survey of newspaper reports published between 1995 and 2002 of incidents involving allegations of criminal and civil wrongdoing by officers and directors of charitable organizations. Of the one hundred and fifty-two incidents found, one hundred and four entailed criminal activity, fifty-four involved breaches of the duties of loyalty and prudenceself-dealing, failing to carry out the mission of the charity, and negligent management of assetswhile six fell into both categories. The authors set forth the limitations of a study of this nature and point to problems of governance that emerged from their findings.This publication is Hauser Center Working Paper No. 20. The Hauser Center Working Paper Series was launched during the summer of 2000. The Series enables the Hauser Center to share with a broad audience important works-in-progress written by Hauser Center scholars and researchers

Musim Ikan Di Perairan Laut Jawa Kabupaten Jepara dan Prediksi Lokasi Fishing ground-nya

Sumberdaya ikan di Kabupaten Jepara cukup besar, namun hingga sekarang para nelayan menangkap ikan masih tradisional, hanya berdasarkan pengalaman tahun sebelumnya dan feeling semata.Variabilitas musim berpengaruh terhadap variabilitas kesuburan perairan baik secara temporal maupun spasial. Variabilitas kesuburan perairan selanjutnya berpengaruh terhadap waktu musim ikan dan lokasi fishing ground-nya. Pemahaman yang baik tentang waktu musim ikan dan lokasi fishing ground-nya akan membuat usaha penangkapan bisa lebih efektif, efisien waktu dan biaya serta hasilnya lebih optimal. Penelitian ini bertujuan mengkaji waktu musim ikan sekaligus masa pacekliknya di Perairan Laut Jawa Kabupaten Jepara dan membuat prediksi lokasi fishing ground-nya. Metode yang digunakan deskriptif berdasarkan pendekatan analisis data citra satelit, wawancara dengan kelompok nelayan dan survei lapangan. Berdasakan hasil penelitian menunjukkan waktu musim ikan di Perairan Kabupaten Jepara terjadi umumnya pada musim peralihan I (Maret-Mei) dan pada musim peralihan II (September-Nopember). Puncak musim ikan (panen ikan) umumnya pada bulan April atau Mei dan September atau Oktober. Masa Paceklik ikan di perairan Kabupaten Jepara tampak berkaitan dengan angin, ketika puncak angin terkuat (Desember-Januari) maka produktifitas penangkapan ikan menunjukkan nilai terendah (paceklik ikan). Lokasi fishing ground di perairan pesisir Jepara yang utama ada di tiga lokasi pertama di sekitar Pulau Mandalika, kedua yaitu di sekitar Pulau Panjang dan yang ketiga di Sebelah Barat Kecamatan Kedung. Lokasi fishing ground di wilayah perairan Kecamatan Karimunjawa yang utama ada di tiga lokasi pertama yaitu di sebelah barat Pulau Karumunjawa, kedua disebelah barat dan barat laut Pulau Parang dan ketiga yaitu di sebelah tenggara Pulau Nyamuk

A murine herpesvirus closely related to ubiquitous human herpesviruses causes T-cell depletion

ABSTRACT The human roseoloviruses human herpesvirus 6A (HHV-6A), HHV-6B, and HHV-7 comprise the Roseolovirus genus of the human Betaherpesvirinae subfamily. Infections with these viruses have been implicated in many diseases; however, it has been challenging to establish infections with roseoloviruses as direct drivers of pathology, because they are nearly ubiquitous and display species-specific tropism. Furthermore, controlled study of infection has been hampered by the lack of experimental models, and until now, a mouse roseolovirus has not been identified. Herein we describe a virus that causes severe thymic necrosis in neonatal mice, characterized by a loss of CD4 + T cells. These phenotypes resemble those caused by the previously described mouse thymic virus (MTV), a putative herpesvirus that has not been molecularly characterized. By next-generation sequencing of infected tissue homogenates, we assembled a contiguous 174-kb genome sequence containing 128 unique predicted open reading frames (ORFs), many of which were most closely related to herpesvirus genes. Moreover, the structure of the virus genome and phylogenetic analysis of multiple genes strongly suggested that this virus is a betaherpesvirus more closely related to the roseoloviruses, HHV-6A, HHV-6B, and HHV-7, than to another murine betaherpesvirus, mouse cytomegalovirus (MCMV). As such, we have named this virus murine roseolovirus (MRV) because these data strongly suggest that MRV is a mouse homolog of HHV-6A, HHV-6B, and HHV-7. IMPORTANCE Herein we describe the complete genome sequence of a novel murine herpesvirus. By sequence and phylogenetic analyses, we show that it is a betaherpesvirus most closely related to the roseoloviruses, human herpesviruses 6A, 6B, and 7. These data combined with physiological similarities with human roseoloviruses collectively suggest that this virus is a murine roseolovirus (MRV), the first definitively described rodent roseolovirus, to our knowledge. Many biological and clinical ramifications of roseolovirus infection in humans have been hypothesized, but studies showing definitive causative relationships between infection and disease susceptibility are lacking. Here we show that MRV infects the thymus and causes T-cell depletion, suggesting that other roseoloviruses may have similar properties. </jats:p