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Non-Profit Orgs: Law, Governance, and Ethics (Bradley)
Spring 2020   LAW 586-001  

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Meeting Times/Location
R 4:30PM - 6:20PM
Tanenbaum Hall 253

Faculty
John M. Bradley

Adjunct Professor of Law

johnbrad@law.upenn.edu
Additional Information

Skills Training
Expository Writing

Grading
20% Participation,
50% Paper,
30% Other (30% of the grade is based on "In-class Article Submissions." Find and discuss two articles during selected classes over the course of the semester. One article must be from an academic source: a journal/law review article or book chapter. One article must be from a popular source, such as a news report. This is not a formal presentation; rather, you should identify an article that would enhance the discussion during two classes and lead a discussion.)

Satisfies Senior Writing Requirement

With Permission of Instructor

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- If you are absent, due to illness or some other unavoidable circumstance, email me and I can ask for volunteers among your classmates to share their notes with you.

- If you are absent due to illness or some other unavoidable circumstance, email me and I can make PowerPoint slides or other class materials available to you.

Category
Upper-Level

Credits
2.0

This course examines the rationales, structures, and controversies related to nonprofit organizations and philanthropy in the United States. We will examine: • The roles of nonprofit organizations as posited by economic, political, and historical vantage points; • The legal purposes and framework of these organizations—including the advantages of the nonprofit form (e.g. whether tax-exemption is justified) and the restrictions on the type of commercial and political activity in which they can engage; and • The controversies surrounding the nonprofit sector, with particular emphasis on the ethics of giving, the oversight roles played by boards of directors, state authorities, and federal regulators, and questions of accountability and performance.

After examining these issues in a larger historical, legal, and ethical context, students will be better able to contribute to debates about recent changes in the law and other proposed changes directed at the nonprofit sector.

Course Concentrations

Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.

Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.

Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.


Textbooks

"Nonprofit Organizations: Cases and Materials" by James J. Fishman, Stephen Schwarz, Lloyd Hitoshi Mayer
Edition: 5th (2015)
Publisher: Foundation Press
ISBN: 9781628101959
Required

"Philanthropy in America: A History" by Olivier Zunz
Edition: 2014
Publisher: Princeton
ISBN: 9780691161204
Required