Case Western Reserve Law Review

Articles from Vol. 62, No. 3, Spring

An Ode in Memory of Dear Laura
Because Professor Harvey Dale and I shared several activities with our wonderful colleague, Laura Chisolm--writing a nonprofit institutions book chapter, (1) participation in the Nonprofit Forum ("NP Forum") and the National Center on Philanthropy...
A Tribute to Professor Chisolm
I am fortunate to count myself among the lucky one-third of Case Western Reserve University School of Law's 2009 graduating class that had the distinction of taking Property with Professor Chisolm. As someone who needed extra attention in the subject,...
Faster. Cheaper. Unconstitutional: Why the Public's Subsidy of JobsOhio Violates Article VIII, Sections 4 & 6 of the Ohio Constitution
INTRODUCTION On February 18, 2011, Ohio Governor John Kasich signed the 129th Ohio Assembly House Bill 1 into law, (2) authorizing the state to replace Ohio Department of Development activities with a new, private entity called JobsOhio. (3) JobsOhio...
Laura Brown Chisolm
Laura Brown Chisolm was a faithful friend and cherished colleague. All of us fortunate to have known her will attest to her stellar qualities in everything she did, personally and professionally. Although taken from us far too soon, Laura's star shines...
Laura Chisolm: An Advocate and Ally
I worked with Laura Chisolm primarily in my capacity as Associate Director of the Center for Social Justice, of which she was the founding Director. Yet--as is probably true of many of my colleagues at the law school--I came to know and admire her...
Laura Chisolm and the Mandel Center for Nonprofit Organizations
I share the general admiration of Laura Chisolm's intelligence, hard work, focus, sense of perspective, and sparkling good humor. What I especially want to celebrate is the remarkable contribution she made to the Mandel Center for Nonprofit Organizations...
Laura Chisolm: Colleague, Peer, Friend
Laura Chisolm and I joined the faculty of Case Western Reserve University School of Law at the same time. She was my oldest and one of my closest friends on the faculty. Our friendship dates back to before we officially started teaching, when Laura...
Laura Chisolm: The Light in the Room
I met Laura Chisolm in Cleveland on a sunny day in the mid-1980s. The New York University School of Law had recently begun a "Study on Philanthropy and the Law" that I was directing. (1) The Mandel Center for Nonprofit Organizations was already in...
Laura's Contributions
Those who participate in the activities of any enterprise contribute to it in various ways. Some contributions are major, some minor, and they have a positive or negative impact. In an academic enterprise like the law school, students; faculty; staff;...
Nonprofit Legislative Speech: Aligning Policy, Law, and Reality
CONTENTS INTRODUCTION I. THE SUBSTANTIAL PART TEST A. What We Can Surmise from the Legislative History B. IRS and Treasury Illumination C. Hints from the Courts II. THE EXPENDITURE TEST A. Legislative History B. How it Works...
Nonprofits, Politics, and Privacy
INTRODUCTION I. THREE DIFFERENT DISCLOSURE REGIMES A. Federal Tax Law Generally B. Federal Tax Law for Tax-Exempt Organizations C. Federal Election Law II. Two DIFFERENT APPROACHES TO PRIVACY A. A Cost-Benefit Approach to Privacy...
The Political Speech of Charities in the Face of Citizens United: A Defense of Prohibition
D. A Ban on Speech A third factor important to the Citizens United Court was its characterization of the Electioneering Rule as a ban on speech. The Court said that the Electioneering Rule is a ban "notwithstanding the fact that a PAC created by...
The Role of the Avoidance Canon in the Roberts Court and the Implications of Its Inconsistent Application in the Court's Decisions
INTRODUCTION Many have praised Chief Justice Roberts and the Roberts Court for its judicial minimalism, (1) and have noted the Roberts Court's tendency to shape constitutional law at a gradual pace. (2) One of the tools the Roberts Court has used...
Why the IRS Should Want to Develop Rules regarding Charities and Politics
INTRODUCTION I. KAPLOW ON RULES AND STANDARDS II. THE LEGAL COMMANDS AT ISSUE III. ENFORCEMENT OF THE CAMPAIGN INTERVENTION PROHIBITION IV. THE AFFECTED COMMUNITY V. APPLICABLE NORMS VI. ARGUMENTS AGAINST RULES VII. WHAT SHOULD THE IRS DO?...
Why the Supreme Court Should Stop GVR'ing the Solicitor General's Rationale-Confessions-of-Error
"Once we accept a confession of error at face value and make it the controlling and decisive factor in our decision, we no longer administer a system of justice under a government of laws." (1) INTRODUCTION In 1988, Horacio Alvarado was sentenced...
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