The Nonprofit Forum

Papers in Chronological Order
Date Prepared By Title
April 2023 Adelbert L. Spitzer Nonprofit Trustees: Duty Calls! (But to whom do we report?)
February 2023 Philip Hackney Public Good Through Charter Schools?
December 2022 Lloyd Mayer NATURAL LAW AND WHAT IT MEANS TO BE CHARITABLE
October 2022 Marcus S. Owens HOSPITALS AND UBTI: A TANGLED TALE OF PARADIGM SHIFTS
June 2022 James J. Fishman

Academic Freedom and Tenure—Going… Going… Gone? Abstract, Paper 

April 2022 Benjamin Leff Charity Law and “Dangerous” Financial Products: The Benefits of Charitable Income-Share Agreements
February 2022 Daniel L. Kurtz Outsourcing the Board
December 2021 Catherine E. Livingston Taming the Commerciality Doctrine
October 2021 Dana Brakman Reiser Reforming Tax Regulation to Encourage Foundation Mission-Related Investment
June 2021 Suzanne Ross McDowell IRS Schedule B Before the Supreme Court: What’s at Stake?
April 2021 Miriam Galston

WHEN SHOULD TAX-EXEMPT GROUPS BE CONSIDERED POLITICAL COMMITTEES?

February 2021 Celia Roady

Racial Injustice: Does the Public Policy Doctrine Limit the Charitable Sector’s Response?

December 2020 Sean Delany 

When No Good Deed Goes Unpunished: Who Should Bear Liability To Third Parties Arising from Grant Making?

October 2020 Terence Dougherty

Letitia James v. NRA: Is Dissolution an Appropriate Solution?

February 2020 Nishka Chandrasoma Dear Prudence:  Impact Investing Through a Fiduciary Lens
October 2019 John Sare

Perpetual Plaintiffs, Noxious Naming, and a Charitable Quandary

LEGAL ISSUES IN MUSEUM ADMINISTRATION 2019 MORALITY AND MUSEUMS: AN OVERVIEW

June 2019 Mark E. Chopko

Consideration of a Broader Duty: Arguments about Obedience and Conflicts in Mission-centric Nonprofits

April 2019 Philip Hackney 

DARK MONEY DARKER? AN EXAMINATION OF THE IRS CHOICE TO END THE COLLECTION OF DONOR INFORMATION ON FORM 990

February 2019 A.L.(Lorry) Spitzer

The Nonprofit Sector 2020 – A New Vision or The Operation and Regulation of Nonprofit Organizations

December 2018 Jill S. Manny 

SPORTS AS RELIGION IN THE INTERNAL REVENUE CODE:
The Exemption for Amateur Sports Organizations

October 2018 Ricardo A.Castro Bob Jones and Obergefell: A Perfect Marriage
June 2018 Lloyd Mayer The Promise and Perils of Using Big Data to Regulate Nonprofits in the United States
April 2018 Marcus S. Owens Unfinished Business 
February 2018 James J. Fishman Rethinking Riley: Applying Commensurate and Intermediate Scrutiny Standards to Judicial Evaluation of Charitable Solicitation Regulation - Cover Letter & Paper
December 2017 Benjamin Leff What Should an IRS Safe Harbor for 501(c)(3) Campaign Speech Look Like? 
October 2017 Beverly M. Wolff College, University, City, and State Museums; who owns the Art? And, are there ways to ensure that the Art is not sold out from under the Museum by its associated College, University, City, or State? And/or can the Museum itself sell Art for purposes other than buying Art?
June 2017 Gail Aidinoff Scovell Supporting Civil Society: Giving Defense of Human Rights Meaning as an Independent Charitable Purpose
April 2017 Lloyd Mayer Globalization Without A Safety Net: The Challenge Of Protecting Cross-Border Funding Of NGOs
February 2017 Peter Swords We Can’t Tax Everything: A Final Defense for the Charitable Contribution Deduction
December 2016 Catherine E. Livingston Tax Exemption for Health Care Providers: Problems with the Community Benefit Standard
October 2016 Celia Roady Treatment of DAF Grants for Purposes of the Public Support Test: A Problem in Search of a Solution – or Not?
June 2016 Dana Brakman Reiser The Holy Grail of Retail Investment
April 2016 Suzanne Ross McDowell The Warhol Next Door: A Tax Policy Analysis
February 2016 Harvey P. Dale Controlling Donor Intent
December 2015 Sean Delany & Jeremy Steckel Pay for Success Programs and the Private Benefit Doctrine
October 2015 Daniel L. Kurtz Managing Conflicts of Interests?
June 2015 Robert Atkinson Tax Favors for Philanthropy: Should Our Republic Underwrite De Tocqueville's Democracy?
April 2015 Bonnie S. Brier Rethinking the Form 990-T
February 2015 Terence Dougherty Advocacy Organizations Under Fire: A Search for Disclosure Standards that Balance Transparency and Privacy
December 2014 Roger Colinvaux The Charitable Deduction in the 114th Congress
October 2014 Adelbert L. Spitzer Are Student-Athletes Winning Their Battles But Losing the (Tax) War?
June 2014 Garry W. Jenkins GOVERNANCE BY WALL STREET: The Nonprofit Boardroom's Quiet Revolution
April 2014 Mark E. Chopko Saving Private Personage
February 2014 Miriam Galston Standing To Challenge Regulations Implementing 501 (c)(4)
December 2013 James J. Fishman What Went Wrong: Prudent Management of Endowment Funds and Imprudent Endowment Investing Policies
October 2013 John G. Simon Untitled
June 2013 Rochelle Korman It Was Bound To Happen-Suggestions For Afterwards....
April, 2013 Marcus S. Owens The Contours Of Enforcement: How The IRS Might Address Tax Compliance Under Section 501(C)(4)
February, 2013 Evelyn Brody Change Of Charitable Purpose: Who Decides And What Standard Applies?"
December, 2012 Victoria B. Bjorklund The 11th Commandment: Honor Thy Obligations The Reed Foundation, Inc. V. Fdr Four Freedoms Park, LLC
Exhibits A through E
October, 2012 Beverly M. Wolff Museums and Other Collecting Nonprofits and "The Public Trust"
June, 2012 Gail Adinoff Scovell Naming Rights: Avoiding The Dead Hand Without Sacrificing Institutional Integrity
April, 2012 Jonathan A. Small Thoughts on Pitfalls to be Avoided and Concerns to be Considered in Drafting Legislation and Regulations Affecting Nonprofits
February, 2012 Lloyd Mayer Nonprofits, Speech, and Unconstitutional Conditions
December, 2011 Peter Swords How Should Nonprofit Executive Compensation Be Thought About?
October, 2011 Celia Roady New Social Enterprise Vehicles: Implications For Private Foundations
June, 2011 Suzanne Ross McDowell Member Benefits and Royalty Transactions: Unanswered Questions
April, 2011 Harvey P. Dale & Victoria B. Bjorklund Evolution, Not Revolution: A Legislative History of the New York Prudent Management of Institutional Funds Act
December, 2010 Sean Delany Masters of Servants? A Portrait of Corporate Officers in Community-Based Organizations
October, 2010 Rob Atkinson Philanthropy’s Future: Questioning Today’s Orthodoxies, Re-Affirming Yesterday’s Foundations
June, 2010 S. Andrew Schaffer The Fourth Amendment on Campus: Some Issues Regarding Student and Faculty Privacy
February, 2010 Daniel L. Kurtz Almost All
February, 2010 Bonnie S. Brier The New Governance Project of the Exempt Organizations Division of the Internal Revenue Service
December, 2009 Miriam Galston When Statutory Regimes Overlap: DoesWisconsin Right to LifeMake the 501(c)(3) Campaign Prohibition Unconstitutional?
October, 2009 Garry W. Jenkins Who's Afraid Of Philanthrocapitalism?
October, 2009 Marion R. Fremont-Smith Federal And Laws Regulating Conflicts Of Interest And Their Application To Artist-Endowed Foundation
February, 2009 Evelyn Brody and John Tyler Respecting Private Foundation Autonomy: How Public is Private Philanthropy?
December, 2008 Mark E. Chopko Getting Religion (and Making Sure the Courts Get It, Too!)
October, 2008 Susan D. Brown From Rags to Riches? Rethinking the Charitable Contribution Deduction for Donations of Used Clothes and Furnishings
June, 2008 Robert E. Atkinson Rediscovering the Duty of Obedience: Toward a Trinitarian Theory of Fiduciary Duty
April, 2008 Marcus C. Owens Charities and Governance: Should the IRS be Challenged?
February, 2008 John G. Simon The Widow's Mites and Other Aspects of Distributive Justice and the Tax Treatment of Charity
December, 2007 Rochelle Korman A Consideration (Yet Again) of the Constraints on Political Campaign Intervention Activities of Section 501(c)(3) Organizations
    Attachment 1: Rev. Rul. 2007-41, 2007-25 I.R.B (June 18, 2007)
October, 2007 Robert A. Boisture Criteria for Granting and Withdrawing Charitable Tax Status: Exploring the Appropriate Analytic Framework
June, 2007 James J. Fishman Old Wine in New Bottles?
April, 2007 Victoria B. Bjorklund Robertson v. Princeton - Perspective and Context
February, 2007 Beverly M. Wolff Possible Nonprofit Policies and Management Decisions For Dealing with a Staff Member's Indictment and/or Conviction of a "Work Related" Crime
    Attachment 1: Who Owns the Past?
    Attachment 2: Delaware Section 145
    Attachment 3: Nonprofit Code
    Attachment 4: California Corporations Code
December, 2006 Gail Aidinoff Scovell Disclosure of Confidential Information by Directors: Is There a Duty of Confidentiality and Should There Be?
    Attachment 1: Form 8-K filed by Hewlett Packard
October, 2006 Jonathan A. Small Should the Executive Director of a Nonprofit Serve on its Board?
    Attachment 1: Survey Summary
    Attachment 2: NPCC on Board Survey
    Attachment 3: ExxonMobile Proxy Statement
June, 2006 Peter Swords The Nationalization of Nonprofit Governance Rules: A Good or Lousy Idea?
April, 2006 Laura B. Chisolm Paper 1: Uniform Supervision of Trustees for Charitable Purposes Act 1954
    Paper 2: State Oversight of Charitable Organizations: Is There Space for NCCUSL?
February, 2006 Harvey P. Dale Prudence Perverted: Politics, Perceptions, and Pressures
December, 2005 Miriam Galston Social Welfare Organizations' Electoral Activity: How Much is Too Much?
October, 2005 Antonia M. Grumbach State Regulation of the Internal Affairs of Foreign Not-for-Profit Corporations: An Exploratory Discussion
June, 2005 Evelyn Brody The Charity in Bankruptcy and Ghosts of Donors Past, Present, and Future
April, 2005 Celia Roady Ancillary Joint Ventures: An Answer (At Last) and More Questions
February, 2005 Sean Delany Disclosure Regulation of Indirect Lobbying by Charitable Organizations: A Reassessment, with Possible Approaches for Reform
December, 2004 Marcus Owens Charity Oversight: An Alternative Approach
October, 2004 Daniel L. Kurtz Sanctions and Enforcement: Federal and State Laws
June, 2004 James J. Fishman Governmental Encouragement of Philanthropy in a Time of Crisis: 1601 - The Past as Prologue?
April, 2004 S. Andrew Schaffer Do United States Laws Prohibiting Discrimination on the Basis of Disability Apply to Study Abroad Programs?
February, 2004 John G. Simon The Gnarled Roots of Nonprofit Law Part 1, Part 2
December, 2003 Evelyn Brody Background Information for October 2003 Meeting on Project Principles of the Law of Nonprofit Organizations
October, 2003 Rochelle Korman Preliminary Thoughts on Modifying Expenditure Responsibility Requirements for Private Foundations and Importing an Expenditure Responsibility-Type Regime for International Grantmaking Activities of Public Charities: IRS Announcement 2003-29, the Treasury Department Anti-Terrorist Voluntary Guidelines and a Risk-Based Analysis
June, 2003 Harvey J. Goldschmid No paper
April, 2003 Victoria B. Bjorklund Overseas Grantmaking in the Face of Anti-Terrorist Financing Initiatives
February, 2003 Evelyn Brody Whose Public? Parochialism and Paternalism in State Charity Law Enforcement
December, 2002 Marion R. Fremont-Smith Excerpt from Government Regulation of Nonprofit Fiduciaries
October, 2002 Beverly M. Wolff Nonprofit Governance: A Practical Consideration of Possible Structures For Good Governance When Nonprofits Expand their Activities
June, 2002 Mark Chopko Guest speaker, no paper
April, 2002 Jonathan A. Small On the Ground: Nonprofit Governance - Theory Meets Reality - An Executive Director's Perspective
February, 2002 Peter Swords Pluralism as a Public Good
December, 2001 Laura Chisolm Lining Up the Pieces of the Jurisdictional Puzzle, or What's Subsidy Got to Do With It?
October, 2001 Harvey P. Dale Reflections on Inurement, Private Benefit, and Excess Benefit Transactions
June, 2001 Miriam Galston Express Advocacy in the Post McCain-Feingold World
April, 2001 Gail Aidinoff Scovell Corporate Sponsorship under Section 513(i) or 3 Months in the Life of a General Counsel
February, 2001 Marcus Owens Politicians, Nonprofits, and Opportunities for Personal Enrichment
December, 2000 Antonia M. Grumbach What Can We Spend? The Use of Appreciation on Endowment Funds
October, 2000 Harvey J. Goldschmid Tentative Thoughts on Socially Responsible Investing by Universities
June, 2000 Robert Atkinson Problems with Presbyterians: Prolegomena To a Theory of Voluntary Associations and the Liberal State
April, 2000 Daniel L. Kurtz October 1999 Decision of Surrogate Preminger in Surrogate's Court, New York County
February, 2000 James J. Fishman Tenure and Its Discontents: The Worst Form of Employment Relationship Save All of the Others
December, 1999 S. Andrew Schaffer Unionizing Activity in the Academy: Two Recent Developments
October, 1999 Catherine E. Livingston The Worthy Tax Expenditure
June, 1999 J. David Seay The For-Profitizing of the Nonprofit Sector: Corporate-Type Boards and the Gyroscope of Governance
April, 1999 John G. Simon The Regulation of American Foundations: Looking Backward at the Tax Reform Act of 1969 - and - Thoughts About Expanding The Voluntas Piece for the October Paper
February, 1999 Rochelle Korman Demystifying Program-Related Investments
December, 1998 Evelyn Brody Charities in Tax Reform: Threats to Subsidies Overt and Covert
October, 1998 Victoria B. Bjorklund Donor Advised Funds: What Should be Next?
June, 1998 James J. McGovern Regulation of the Voluntary Sector in the New Millennium
April, 1998 Marion R. Fremont-Smith Research Proposal For Study of the Accountability of the Philanthropic Sector
February, 1998 Beverly M. Wolff Conflicts of Interest on Nonprofit Boards: The Law and Institutional Policy
December, 1997 Jonathan A. Small Some Thoughts on the Unrelated Debt-Financed Income Provisions of the Unrelated Business Income Tax
October, 1997 Peter Swords Form 990 as a Tool for Positive Accountability
June, 1997 Laura Chisolm Newt's $300,000, 501(c)(3) Blues: Theme and Variations
April, 1997 Miriam Galston Charitable Contributions and Bankruptcy
February, 1997 Harvey P. Dale No paper
December, 1996 Antonia M. Grumbach Fundamental Changes in Charitable Corporations: What Public Interest Standard Should Apply?
October, 1996 Daniel L. Kurtz The Business Judgment Rule
June, 1996 Harvey J. Goldschmid Selling Off the Nation's Nonprofit Health Care Institutions: A Scandal in the Making
April, 1996 Robert A. Boisture Documents on the state role in regulating conversion of non-profit health care entities to for-profit status - Part 1 Part 2
February, 1996 James J. Fishman The Close Nonprofit Corporation
December, 1995 Margaret Marshall  
October, 1995 Doug Mancino No paper
June, 1995 S. Andrew Schaffer Some Reflections on the Liability of Universities for Sexual Harassment
April, 1995 John G. Simon  
February, 1995 J. David Seay J. David Seay Mandating Nonprofit Board Composition: Short-Cut to Accountability or Dead-End Street?
December, 1994 Harvey P. Dale Foreign Charities
October, 1994 James McGovern No paper
June, 1994 Rochelle Korman Section 502 and the Primary Purpose Test: Who's on First
April, 1994 Marion R. Fremont-Smith Current Proposals for Public Charity Intermediate Sanctions
February, 1994 Beverly M. Wolff Tax Exempt Organizations: What is Excessive and What is Reasonable Compensation?
December, 1993 Jonathan A. Small Stealth Taxation: The Use of Hidden Taxes to Impair Tax Exemption for Nonprofits
October, 1993 Peter Swords High Nonprofit Executive Salaries: Are They "Excessive?"
June, 1993 Laura Chisolm The IRS and the UCC: Traveling Down a Crooked Path
April, 1993 Miriam Galston The Meaning of Charity: One Definition or Two?
February, 1993 Antonia M. Grumbach Between Scylla and Charybdis: Navigating the Shoals Between Educational and Political Activity
December, 1992 Daniel L. Kurtz Standing
October, 1992 Harvey J. Goldschmid United Way and Corporate Governance: Lessons for the Nonprofit Community and Public Policy
June, 1992 John G. Simon The Tax Reform Act of 1969 and Private Foundations: Looking Backward
April, 1992 Rob Atkinson Reforming Cy Pres Reform
February, 1992 J. David Seay The Donative Theory of Charity, or How the Late Bert Parks Might Have Granted Tax Exemption had he Been Commissioner of the Internal Revenue Service
December, 1991 S. Andrew Schaffer Does the First Amendment Really Provide Protection Against Judicial Interface in the Academic Decision Making of Colleges and Universities?
October, 1991 Marion R. Fremont-Smith Relinquishing Tax Exemption: State and Federal Constraints
June, 1991 Jonathan A. Small Short Selling: Fiduciary Prudence for the '90's
April, 1991 Rochelle Korman A Look Back at Walz v. Commissioner: Why Aren't Real Property Tax Exemptions for Religious Organizations Unconstitutional?
February, 1991 Harvey P. Dale Standing to Challenge Another's Tax Benefits: Abortion Rights Mobilization Revisited
December, 1990 Beverly M. Wolff Government Restrictions on Funding - A Look at the Law on Content-Based Regulation and the Doctrine of Unconstitutional Conditions in the Context of Government Funding of the Arts
October, 1990 Peter Swords The Charitable Deduction: Tax Expenditure or Tax Base Provision - Does it Make a Difference