By Norman Silber, Norman I. Silber

ISBN-10: 0813397626

ISBN-13: 9780813397627

ISBN-10: 1429486856

ISBN-13: 9781429486859

A company type of Freedom explores how courts and legislatures have determined which nonprofit teams can pursue their missions as organisations. for a few years it was once a privilege to carry a nonprofit constitution. This view replaced in the course of the Fifties and Sixties. a brand new iteration contended that criminal concept, racial justice, and democratic values demanded that the nonprofit company shape be to be had to all teams as an issue of correct. hence, nonprofit company prestige grew to become America's company shape at no cost expression. the recent point of view did greater than magnify public discourse, although. It additionally lowered reliable authority to oversee or differently carry nonprofit agencies chargeable for their actions. Norman I. Silber examines how the nonprofit international used to be remodeled -- a change which refashioned political and social discourse, altered the economic climate, and created a number of the problems the nonprofit area faces this day.

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Y. LAWS 18. 40. See Fishman, supra n. 34 at 634. 41. See Edwin G. Burrows and Mike Wallace, GOTHAM (1999) 516,932. 42. ; see also Abner J. Mikva and Eric Lane, THE LEGISLATIVE PROCESS pt. 1, ch. 1, 49-50 (1994); see generally Lawrence M. ). 43. See Fishman, supra n. 34 at 631. 44. Id. at 631-34. 45. See Robert A. Dahl, DILEMMAS OF PLURALIST DEMOCRACY: AUTONOMY V. CON- TROL (1982). 46. Alexis de Tocqueville, DEMOCRACY IN AMERICA 114 (ed. R Bradley 1959). 47. At least one commentator, Leslie G. Espinoza, believes that the supervision of trusts and trust accounting was poor from the outset.

61. Id. at 633-36. The Development of the Discretionary Model 29 62. See Fishman, supra n. 34 at 633-35. 63. Mem. Corp. Law, §10. Later recodified with minor modifications as §41, Membership Corporation Law was derived from the 1848 enactment. Y. Laws 1848, ch. 319, §1. 64. Id. 65. Id. 66. Id. 67. Id. 68. Y. MEM. CORP. Y. LAWS 559 (repealed 1970). The New York Not-for-Profit Corporation Law, passed in 1970, replaced the Membership Corporation Law; set' L. 1969, ch. 1066 §2 (repealer); L. 1969, ch.

30 Va. (3 Leigh) 450 (Va. 1832) (bequest held vague and uncertain); Trippe v. Frazier, 4 Harris & Johnson 44 (Md. 1819) (vague and uncertain); Dashiell v. , 5 Harris & Johnson 392, 398 (Md. 1822) (invalidating bequest for care and education of the poor); Owens v. Y. Y. 1856) (no definitive beneficiary); Bascom v. Y. 1866) (invalidating bequest to establish a girls school in Vermont). 54. Despite the fact that few nonprofit associations were organized as charitable trusts in the late nineteenth century and for much of the twentieth century, and that in New York the enforceability of charitable trusts was in doubt for much of the time, in theory it would have been possible to organize many (but not all) nonprofit corporations as such.

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A Corporate Form of Freedom: The Emergence of the Modern Nonprofit Sector by Norman Silber, Norman I. Silber


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