This course covers the legal requirements and policy implications for nonprofit organizations. Course topics include the formation and operation of charitable organizations, issues of organization governance, articulation and enforcement of fiduciary duties, remedies for breach of fiduciary duties, federal taxation requirements, principles of charitable gifts and restrictions on gifts, dissolution and extraordinary transactions, and relationships between the organization and the State (including private enforcement and derivative proceedings). The course also considers non-charitable nonprofit organizations.
This course offers an overview of nonprofit law. Topics include the formation and operation of charitable organizations and special issues relating to foundations, churches, and political nonprofits. The class will form its own charitable organization and act as the board of directors for the duration of the course. This class fulfills the LL.M. writing requirement. The top three students on the waiting list should attend the first day.