A Corporate Form Of Freedom: The Emergence Of The Modern Nonprofit Sector

by Silber,Norman

• ISBN13: 9780813397627
• ISBN10: 0813397626
• Format: Nonspecific Binding
• Copyright: 2001-01-26
• Publisher: Routledge

Summary

Focusing upon the laws and judicial opinions that have shaped practices in New York and in other states, "A Corporate Form of Freedom" provides an historical account to explain how and why getting a nonprofit corporate charter came to be a matter of right instead of a privilege--and why the nonprofit corporate form today is treated as generously as it is by the law.

Author Biography

Norman I. Silber is a professor of law at Hofstra University. He teaches and writes on nonprofit law, legal history, and consumer law. Silber holds aPh.D. in history from Yale and a J.D. from Columbia University.

Table of Contents

Acknowledgments	ix
Introduction	1	(14)
The Development of the Discretionary Model	15	(16)
Advantages to Nonprofit Status	15	(3)
The Divergence of Commercial and Nonprofit Corporate Chartering Practices	18	(7)
Notes	25	(6)
Historic Excuses and Uses for Judicial Subjectivity in the Incorporation Process	31	(52)
The Emergence of Doctrinal Justifications for Special Treatment	32	(4)
Applications of the Discretionary Conception by Judicial Progressives	36	(6)
Interwar Characterizations of Permissible Nonprofit Activity	42	(9)
Wartime Applications	51	(6)
Protecting Consensus Values in the Postwar World	57	(9)
Notes	66	(17)
The Corrosion of the Discretionary Conception	83	(44)
Student Impudence and the Legitimacy of Judicial Authority	84	(9)
Broadening Corporate Expression in an Interest Group State	93	(3)
Governmental Largesse As an Entitlement	96	(3)
A Roadblock in the Struggle for African-American Civil Rights	99	(8)
The End of Judicial Oversight As a Significant Means for Supervising Nonprofit Corporations	107	(8)
Notes	115	(12)
Transition to a New Regime	127	(16)
The Judges Adjust to Their Subordinated Status	128	(8)
The Emergence of Administrative Surrogates for Judges	136	(2)
Notes	138	(5)
The New World of Nonprofit Activity	143	(24)
Explosive Growth After the Change	143	(3)
Anemic Disclosure and Administrative Remedies	146	(5)
Misreliance on the Tax Scheme	151	(8)
Notes	159	(8)
In Search of a New Direction	167	(12)
Scholarly Assessments	167	(7)
Coda	174	(2)
Notes	176	(3)
Index	179