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 businesses. for a few years it was once a privilege to carry a nonprofit constitution. This view replaced through the Fifties and Nineteen Sixties. a brand new iteration contended that felony conception, racial justice, and democratic values demanded that the nonprofit company shape be to be had to all teams as a question of correct. therefore, nonprofit company prestige grew to become America's company shape at no cost expression. the recent standpoint did greater than magnify public discourse, even if. It additionally decreased reliable authority to oversee or another way carry nonprofit companies chargeable for their actions. Norman I. Silber examines how the nonprofit international was once reworked -- a metamorphosis which refashioned political and social discourse, altered the economic system, and created a number of the problems the nonprofit area faces this day.
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Additional info for A Corporate Form of Freedom: The Emergence of the Modern Nonprofit Sector
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. Id. 60. See Fishman, supra n. 34 at 634 n. 88. 61. Id. at 633-36. The Development of the Discretionary Model 29 62. See Fishman, supra n. 34 at 633-35. 63. Mem. Corp. Law, §10. Later recodified with minor modifications as §41, Membership Corporation Law was derived from the 1848 enactment.
It should be noted that under some circumstances for-profit corporations may obtain tax exemptions if they demonstrate a public purpose and show that they operate functionally like a nonprofit. 3. L. Sen. L. REV. ' 4. , Frank Easterbrook and Daniel R. Fischel, Limited Liability and the Corporation, 52 U. O f t L. REV. 89 (1985); Easterbrook and Fischel, The Corporate Contract, 89 COLUM. L. REV. 1416 (1989). 5. Id. 6. L. Sen. L. REV. 457,480-90 (1996). 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.
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). 20. Note, Incorporating the Republic: The Corporation in Antebellum Political Culture, 102 HARV.
A Corporate Form of Freedom: The Emergence of the Modern Nonprofit Sector by Norman Silber, Norman I. Silber