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Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Friday, March 30, 2007

Fordham Hosts Conference Today on Nonprofit Law, Economic Challenges, and the Future of Charities

FordhamFordham hosts a conference today on Nonprofit Law, Economic Challenges, and the Future of Charities:

This conference brings together academics and nonprofit leaders for an interdisciplinary discussion about the future of charities governance and law. Speakers will discuss the direction that nonprofit law and governance have been taking, considering whether there are gaps within the law itself and between law and practice, and whether the evolving legal regulation of nonprofit organizations is a force for innovation and growth or an impediment to creativity and efficiency. The nonprofit sector is concurrently criticized and applauded for emulating the for-profit world, and prominent issues for business corporations, such as accountability, executive compensation, and board independence have taken center stage in the discussion about nonprofit organizations. Conference participants will consider whether the questions and answers are the same for nonprofits as for business corporations on these issues, and how useful the business model is for both governance and regulation of nonprofit organizations.

For the list of the panels, speakers, and topics, see below the fold.

9:00 a.m.: Introduction

  • Linda Sugin (Fordham)

9:15 a.m.:  Session I:  Approaching Nonprofit Law

  • Evelyn Brody (Chicago-Kent):  The Board of Nonprofit Organizations: Puzzling Through the Gaps Between Law and Practice
  • James Fishman (Pace):  Wrong Way Corrigan and Recent Developments in the Nonprofit Landscape
  • Marion Fremont-Smith (Harvard):  Searching for Greater Accountability of Nonprofits: Recent Legal Developments and Proposals for Change

10:30 a.m.:  Session II: Entrepreneurialism in Nonprofits

  • Reynold Levy (President, Lincoln Center for the Performing Arts)
  • Glenn Lowry (Director, The Museum of Modern Art)
  • Robin Pogrebin (The New York Times), Moderator

1:00 p.m.:  Session III:  Making and Spending Money in Nonprofits

  • John Colombo (Illinois):  Commercial Activity by Exempt Charities: Making Tax Law Coherent
  • John Eason (Tulane):  The Roles of Mission, Mistrust, and "Dead Hand" Motive in Managing Troublesome Charitable Gifts
  • Jill Manny (NYU):  Nonprofit Payments to Insiders and Outsiders: Is the Sky the Limit?
  • Burton Wesibrod (Northwestern):  Law School "Mission and Business: The Nonprofit Dilemma"

2:30 p.m.:  Session IV:  The Increasing Resemblance of Nonprofit & Business Organizations Law

  • Ellen Aprill (Loyola-L.A.):  What Critiques of Sarbanes-Oxley Can Teach about Regulation of Nonprofit Governance
  • Dana Brakman Reiser (Brooklyn):  Independent Directors in Nonprofit Governance
  • David Brennen (Georgia):  The Commerciality Doctrine and "Charitable" Homes for the Aged—State & Local Tax Perspectives
  • Michael Knoll (Pennsylvania):  The UBIT—Leveling an Uneven Playing Field or Tilting a Level One?

3:45 p.m.:  Session V:  Nonprofit Governance In a Time of Institutional Growth and Transition

  • Lesley Friedman Rosenthal (VP & General Counsel, Lincoln Center for the Performing Arts):  Case Study of Lincoln Center
  • Commentators
    • Victoria Bjorklund (Simpson Thatcher & Bartlett)
    • Harvey Goldschmid (Columbia)
    • Margaret Morton (Deputy Commissioner, Department of Cultural Affairs, New York City)

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