Non-Profit Law, Taxation, and Policy

Course Information

Course Number
L8206-LEC
Curriculum Level
Upperclass
Areas of Study
Corporate Law, Business, and Finance, Racial, Economic, and Social Justice, Taxation
Type
Lecture
Additional Attributes
1L-Elective

Section 001 Information

Instructor

David Schizer portrait David M. Schizer Harvey R. Miller Professor of Law and Economics and Dean Emeritus

Section Description

Nonprofits play a critical role across the globe, offering a way to advance public goals which is largely independent of governments. This course explores a range of legal, tax, governance, management, and policy issues about nonprofits.

The course begins by identifying the defining features of nonprofits and analyzing their strengths and weaknesses. What makes nonprofits different from for-profit firms? What are their advantages and disadvantages in pursuing public goals?

The course then turns to regulatory and tax issues. What is the role of different stakeholders within nonprofits, including the board, donors, managers, and beneficiaries? What are their sources of legal authority? What government institutions are responsible for regulating nonprofits in the U.S.? What key tax issues arise for nonprofits and their donors? What are the relevant rules supposed to accomplish? How successful are they in achieving these goals?

The course concludes by focusing on governance and policy issues. For example, why is it especially challenging for nonprofits to set priorities? How should they address these challenges? What information should nonprofits share with the public? What strategies should they use to raise money? What is the rationale for subsidizing nonprofits? Are the subsidies structured the right way?

No prior knowledge of tax law is assumed in this class. Federal income tax is NOT a prerequisite.

For each class session, discussion questions are provided in advance. Students do not have to hand in answers to these questions, but should use them to prepare for class. These questions organize our class discussion and also offer guidance about which issues students should focus on in the course. Strong class participation can improve a student's grade.

School Year & Semester
Spring 2023
Location
WJWH 309
Schedule
Class meets on
  • Tuesday
  • Thursday
1:20 pm - 2:40 pm
Points
3
Method of Evaluation
Exam
J.D Writing Credit?
No

Learning Outcomes

Primary
  • At the end of the course, students will have acquired understanding of and/or facility in state nonprofit law, the federal tax rules governing nonprofits, and the policy issues these regimes address.
  • At the end of the course, students will have acquired a greater facility in statutory and regulatory analysis, including close reading of statutes and regulations, and application to facts
  • At the end of the course, students will have acquired an understanding of the strengths and weaknesses of nonprofits, as well as various mechanisms to accentuate their strengths and mitigate their weaknesses.
  • At the end of the class, students will have a deeper understanding of key policy issues involving nonprofits.

Course Limitations

Instructor Pre-requisites
None
Instructor Co-Requisites
None
Requires Permission
No
Recommended Courses
None
Other Limitations
None