TaxProf Blog

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

Tuesday, June 26, 2012

A Critique of Malani & Posner's Case for For-Profit Charities

Kalle Condliffe (J.D. 2012, Brooklyn), Note, Balancing the Equities: Considering the "Flip-Side" of the UBIT and Forming a Workable Solution, 6 Brook. J. Corp. Fin. & Com. L. 211 (2011):

This note argues that the policy proposed by Malani and Posner [The Case for For-Profit Charities, 93 Va. L. Rev. 2017 (2007)] is unworkable and inequitable. It draws on Malani and Posner's analogy to the UBIT to explain how a policy based on the UBIT principles undermines their laudable goals of increasing the production of public goods and the efficiency of the charitable sector. Finally, this note seeks to find an alternative approach to reaching these goals. Although the proposal above is by no means a perfect solution, it illustrates that a policy which accounts for the differences between organizations and their charitable efforts is more equitable than Malani and Posner's one-size-fits-all approach.

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