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 made up our minds which nonprofit teams can pursue their missions as companies. for a few years it was once a privilege to carry a nonprofit constitution. This view replaced throughout the Nineteen Fifties and Sixties. a brand new iteration contended that criminal concept, racial justice, and democratic values demanded that the nonprofit company shape be on hand to all teams as an issue of correct. therefore, nonprofit company prestige turned America's company shape at no cost expression. the hot point of view did greater than magnify public discourse, although. It additionally lowered legitimate authority to oversee or differently carry nonprofit organisations answerable for their actions. Norman I. Silber examines how the nonprofit global used to be reworked -- a metamorphosis which refashioned political and social discourse, altered the economic system, and created some of the problems the nonprofit quarter faces at the present time.

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S. ) 126 (1844). 51. Y REVISED STATUTES OF 1829, pt. II, ch. 1, tit. II, art. 2, sec. 45 at 727 (abolishing all except certain noncharitable trusts); Mien. REVISED STATUTES 1846, 28 The Development of the Discretionaiy Model ch. 63, sees. ); MINN. REVISED STATUTES 1851, ch. 44, sees. ); Wis. REVISED STATUTES 1849, pt. II, tit. 15, ch. 57, sees. ); See also Fishman, supra n. 31. 52. Virginia, West Virginia, and Maryland began to restrict the use of charitable trusts after the decision in Trustees of the Philadelphia Baptist Assoc, v.

REV. 436 (1968); see also Rob Atkinson, Reforming Cy Pres Reform, 44 HAST. J. 1112 (1993) (reviewing the extent to which cy pres doctrine added uncertainty to employment of charitable trust vehicles). 55. , People ex rel. Padula v. 2d 922 (1938), discussed infra. 56. , Ala. CODE A N N . tit. 10, §1; CONN. GEN. STAT. §5151 (incorporation available only to "any lawful business"); Mo. REV. STAT. C. CODE 12-756 (applicant must not act in violation of the law). 57. See Fishman, supra n. 34. 58. Id. 59.

See J. W. Hurst, THE LEGITIMACY OF THE BUSINESS CORPORATION IN THE UNITED STATES, 1780-1970 (1970); Walter Werner, Corporation Law in Search of Its Future, 81 COLUM. L. REV. 1611,1615-17 (1981). 70. Set' Ronald E. Seavoy, THE ORIGINS OF THE AMERICAN BUSINESS CORPORA- TION (1982); Hovenkamp, supra ch. 1 n. 32. According to Hovenkamp, the form of the corporation began to take form in the mid-nineteenth century, reached its classical form in the 1880s and 1890s, and then began to fall apart. Id. at 1597.

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