Document Type


Publication Title

Fordham Law Review



Publication Date



nonprofit, charities


This Symposium grew out of what I see as the public/private conundrum facing the nonprofit community and the law governing it. Nonprofit organizations are being called upon to better resemble for-profit organizations in a variety of ways. Those calls come from different sources-from donors increasingly interested in results that can be understood in terms parallel to bottom-line assessments to which businesses are accustomed, from cuts in government funding and increased programming that make nonprofits add more businesslike activities to finance their work, and from increasing numbers of for-profit competitors who have been able to mobilize technology and marketing to succeed in markets previously reserved to nonprofit organizations. At the same time, the law of nonprofit organizations imagines a simpler world in many ways, and new legal issues arise with surprising frequency. The focus on corporate governance and accountability in the post-Enron for-profit world has spilled over into the nonprofit world, and nonprofit organizations are being called upon to govern their institutions more like their for-profit counterparts.