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

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Westview Press, Jun 16, 2009 - Law - 336 pages
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A Corporate Form of Freedom explores how courts and legislatures have decided which nonprofit groups can pursue their missions as corporations. For many years it was a privilege to hold a nonprofit charter. This view changed during the 1950s and 1960s. A new generation contended that legal theory, racial justice, and democratic values demanded that the nonprofit corporate form be available to all groups as a matter of right. As a result, nonprofit corporate status became America's corporate form for free expression. The new perspective did more than enlarge public discourse, however. It also reduced official authority to supervise or otherwise hold nonprofit organizations accountable for their activities. Norman I. Silber examines how the nonprofit world was transformed -- a transformation which refashioned political and social discourse, altered the economy, and created many of the difficulties the nonprofit sector faces today.
 

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Contents

II
1
III
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IV
31
V
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VI
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VII
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VIII
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IX
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Page 71 - The Communists disdain to conceal their views and aims. They openly declare that their ends can be attained only by the forcible overthrow of all existing social conditions. Let the ruling classes tremble at a Communist revolution. The proletarians have nothing to lose but their chains. They have a world to win. Working men of all countries, unite...
Page 21 - Americans of all ages, all conditions, and all dispositions constantly form associations.
Page 60 - ... belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this...
Page 21 - They have not only commercial and manufacturing companies, in which all take part, but associations of a thousand other kinds, religious, moral, serious, futile, general or restricted, enormous or diminutive. The Americans make associations to give entertainments, to found seminaries, to build inns, to construct churches, to diffuse books, to send missionaries to the antipodes; and in this manner they found hospitals, prisons, and schools.
Page 33 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 38 - No certificate of incorporation of a proposed corporation having the same name as a corporation authorized to do business under the laws of this state, or a name so nearly resembling it as to be calculated to deceive...
Page 158 - To experienced lawyers it is commonplace that the outcome of a lawsuit — and hence the vindication of legal rights — depends more often on how the fact-finder appraises the facts than on a disputed construction of a statute or interpretation of a line of precedents. Thus the procedures by which the facts of the case are determined assume an importance fully as great as the validity of the substantive rule of law to be applied.
Page 106 - It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the "liberty" assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.
Page 56 - States : (a) Aliens who are anarchists; (b) Aliens who advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or...

About the author (2009)

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.

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