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

By Norman Silber, Norman I. Silber

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 used to be a privilege to carry a nonprofit constitution. This view replaced in the course of the Nineteen Fifties and Sixties. a brand new new release contended that criminal idea, racial justice, and democratic values demanded that the nonprofit company shape be to be had to all teams as an issue of correct. for this reason, nonprofit company prestige grew to become America's company shape at no cost expression. the recent viewpoint did greater than amplify public discourse, even though. It additionally diminished authentic authority to oversee or another way carry nonprofit corporations answerable for their actions. Norman I. Silber examines how the nonprofit global used to be remodeled -- a change which refashioned political and social discourse, altered the economic system, and created the various problems the nonprofit region faces at the present time.

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L. REV. 841 (1993) (discussing surrogate theory). 77. See Peter Hall, INVENTING THE NONPROFIT SECTOR 36-49 (1992). 78. //; re Wendover Athletic Ass'n, 70 Misc. S. 561, 562 (Sup. Ct. 1911). This page intentionally left blank 3 Historic Excuses and Uses for Judicial Subjectivity in the Incorporation Process INCORPORATION, n. The act of uniting several persons into one fiction called a corporation, in order that they may be no longer responsible for their activities. Ambrose Bierce (1911)' Nothing in the language of the statute in New York ordained it, but trial judges there—grandly titled the "justices" of the state's "supreme" court—developed original iiiterpretations of their own authority, which let them issue binding decisions that rested only on their moral arguments and personal views.

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. But there were distinct disadvantages to the trust form that deterred most organizers and benefactors from desiring to use it.

15. See Peter Hall, INVENTING THE NONPROHT SECTOR 21 (1992). S. ) 517 (1819). 17. See Ronald D. Rotunda and John E. 8 nn. ); see generally Peter Hall, INVENTING THE NONPROFIT SECTOR 16-35 (1992). 18. Id. 19. Indeed, for-profit corporations are still chartered under the nominal rationale that they serve the public interest, although the public interest requirements in corporate charters have rarely been enforced independently of other statutory requirements. See Ronald E. Seavoy, THE ORIGINS OF THE AMERICAN BUSINESS COR- PORATION, 1784-1855 (1982).

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