Protecting America\u27s Cultural and Historical Patrimony

This Article suggests the procedures which the authors believe would effectively regulate the legal export of art works and be consistent with other foreign trade policies, while not unduly restricting free trade nor discouraging cultural exchange

Due Process in Decisions Relating to Tenure in Higher Education

The Special Committee on Education and the Law first interested itself in tenure procedures when a subcommittee looked into recent cases that challenged the confidentiality of votes in tenure decisions. That inquiry led to a broader examination of the processes that are or should be used when universities decide whether to confer tenure, or (less frequently) move to terminate a tenured appointment. This report is the outcome of that study

Charity Scandals as a Catalyst of Legal Change and Literary Imagination in Nineteenth Century England

Nineteenth century England, often called the age of reform, was a period of enormous political, social, and economic change. In the first two decades came an increase in the rate of transformation of the economy, the polity and society and a greater stir and movement in all spheres of public activity caused by more “rational and purposeful” control based upon measuring, counting and observing. Political, economic and governmental institutions developed modern structures and approaches. Charitable regulation reflected these trends. As part of a broader movement of inquiry, supervision and statutory reform, and in an effort to remedy the social evils of the time, the administration and abuse of charitable trusts became a part of a larger agenda of reform, leading to the creation at mid-century of a national Charity Commission which oversaw philanthropic organizations. The rationale for charitable reform was the hope, largely chimerical, to capture a supposedly huge corpus of charitable assets, a proportion of which were misspent, unspent or devoted to obsolete purposes, and to utilize them for modern needs such as education. In contrast to the past, charities were examined with a new thoroughness and scope. Publicity surrounding charitable scandals provided the impetus for Parliamentary reform. Chancery\u27s inefficient hold of oversight of charities was loosened. At mid-century there was in place a permanent Charity Commission, though of questionable vigor and modest effectiveness

Wrong Way Corrigan and Recent Developments in the Nonprofit Landscape: A Need for New Legal Approaches

This essay argues that some of the assumptions by which we view and regulate the nonprofit sector are traveling, as did Wrong Way Corrigan, in the wrong direction. This is due to faulty assumptions about the nonprofit universe, overreactions to perceived problems, and a reluctance to consider innovative approaches to existing problems. This essay examines some of the erroneous assumptions, discusses recent legislative initiatives, and suggests that there is a need for more than incremental approaches when considering the nonprofit landscape. It argues that regulation of fiduciary behavior should be at the local level, or a combination of local and state regulation, in contrast to federal enforcement. Federal tax law issues are appropriately left to the Internal Revenue Service (IRS). This essay also will discuss the recent interest in for-profit social enterprise organizations