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

By Norman Silber, Norman I. Silber

A company kind of Freedom explores how courts and legislatures have determined which nonprofit teams can pursue their missions as organizations. for a few years it was once a privilege to carry a nonprofit constitution. This view replaced through the Nineteen Fifties and Sixties. a brand new iteration contended that felony conception, 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 grew to become America's company shape at no cost expression. the hot viewpoint did greater than magnify public discourse, although. It additionally lowered reputable authority to oversee or another way carry nonprofit companies chargeable for their actions. Norman I. Silber examines how the nonprofit international was once remodeled -- a metamorphosis 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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47 The need to protect the general public from name confusion was weak, after all: the skin color of the members of the two organizations and the exclusionary policy of one of them rendered the possibility of deception in the course of any competition between the groups for members to be highly theoretical. " The court of appeals embraced intentional color-blindness as the basis for ignoring the divergent racial composition of the organizations: While the question of color crops up in the evidence in this record, it does not appear to have any legal significance in the litigation.

U. at 632 (citing J. S. Davis, ESSAYS IN THE EARLIER HISTORY OF AMERICAN COR- PORATIONS 16-17 [1917]). Y. LAWS 18. See generally Savoy, The Public Service Origins of the American Business Corporation, 52 Bus. HLST. REV. 30,38-39 (1978); J. CADMAN, THE CORPORATION IN NEW JERSEY, 1791-1875 at 5-6 (1949). 36. See Peter Hall, INVENTING THE NONPROEIT SECTOR 16-17 (1992). 37. Id. at 20 (1992). 38. Id. Y. LAWS 18. 39. See Fishman, supra n. Y. LAWS 18. 40. See Fishman, supra n. 34 at 634. 41. See Edwin G.

7. The typical benefit from sales, property, and income tax exemption was smaller during the nineteenth and early twentieth centuries than it was later on, when governmental units started to levy higher taxes to provide revenue to support educational, welfare, warfare, and income redistribution demands. See Burton Weisbrod, Tnr. NoNPROFrr ECONOMY (1988). 8. Interview with Philip M. Sparkes, director, Legal Services Division, New York State Department of State, 1995. 9. State tax exemptions are ordinarily no harder to obtain than federal tax exemptions, but they are generally less difficult than real property tax exemptions in many areas.

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