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The New Public Benefit Requirement

Author: Mary Synge
Publisher: Bloomsbury Publishing
ISBN: 150990154X
Size: 42.91 MB
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This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008?10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.

Charity Law

Author: Juliet Chevalier-Watts
Publisher: Routledge
ISBN: 1317222032
Size: 29.50 MB
Format: PDF, ePub
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This work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.

The Public Private Nature Of Charity Law

Author: Kathryn Chan
Publisher: Bloomsbury Publishing
ISBN: 1782258507
Size: 15.36 MB
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Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University

Public Benefit In Charity Law

Author: Jonathan Garton
Publisher: OUP Oxford
ISBN: 9780199550265
Size: 58.16 MB
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This comprehensive analysis of the legal principles and practical applications of the public benefit test in charity law in the UK provides essential guidance on a fundamental and hotly debated area of law. It also includes comparisons with Australia, Canada, and New Zealand.

Not For Profit Law

Author: Matthew Harding
Publisher: Cambridge University Press
ISBN: 1107053609
Size: 12.30 MB
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Applies comparative and theoretical perspectives to not-for-profit law, taxation and regulation to deepen understanding of the sector.

The Rio Declaration On Environment And Development

Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191510424
Size: 71.66 MB
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The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

How To Form Your Own California Corporation

Author: Anthony Mancuso
Publisher: Nolo
ISBN: 1413323367
Size: 75.13 MB
Format: PDF, Mobi
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Form a corporation in California with the book that's helped thousands of Californians incorporate! Protect your business and save on attorney's fees by forming a California corporation on your own. How to Form Your Own California Corporation makes incorporating a straightforward task for any small business owner. This all-in-one guide contains the forms, tax rules, practical information, and step-by-step instructions you need to successfully incorporate a California business. Learn about: different types of California corporations and how they work filing articles of incorporation how to stay legal by keeping legally sound corporate records and minutes securities laws and exemptions corporate taxation preparing bylaws issuing stock obtaining licenses and permits, and perks for your employees. This edition is completely updated and revised to provide current regulations, tax requirements, contact information for relevant agencies, helpful resources, and the most up-to-date forms available. How to Form Your Own California Corporation makes the entire incorporation process easy. Like tens of thousands of California entrepreneurs have done over the last 25 years, you really can complete and file all the paperwork yourself.

Biblical Natural Law

Author: Matthew Levering
Publisher: OUP Oxford
ISBN: 0191538663
Size: 70.65 MB
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Natural law theory is controversial today because it presumes that there is a stable 'human nature' that is subject to a 'law.' How do we know that 'human nature' is stable and not ever-evolving? How can we expect 'law' not to constrict human freedom and potential? Furthermore if there is a 'law,' there must be a lawgiver. Matthew Levering argues that natural law theory makes sense only within a broader worldview, and that the Bible sketches both such a persuasive worldview and an account of natural law that offers an exciting portrait of the moral life. To establish the relevance of biblical readings to the wider philosophical debate on natural law, this study offers an overview of modern natural law theories from Cicero to Nietzsche, which reverse the biblical portrait by placing human beings at the center of the moral universe. Whereas the biblical portrait of natural law is other-directed, ordered to self-giving love, the modern accounts turn inward upon the self. Drawing on the thought of St. Thomas Aquinas, Levering employs theological and philosophical investigation to achieve a contemporary doctrine of natural law that accords with the biblical witness to a loving Creator who draws human beings to share in the divine life. This book provides both an introduction to natural law theory and a compelling challenge to re-think current biblical scholarship on the topic.

Private Education

Author: Geoffrey Walford
Publisher: A&C Black
ISBN: 9780826485991
Size: 29.20 MB
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Private schools are central to the reproduction of social inequality. For example, whilst in the UK providing only about seven per cent of the school population, about half of the undergraduates at Oxford and Cambridge still come from the private sector. Private schools have long been associated with privilege and elitism. While this traditional elitist aspect to the private sector is still central, the private school sector is actually far more diverse that is usually acknowledged. It now includes many small schools and faith-based schools that may not offer the traditional advantages of the private sector but which provide a particular environment deemed desirable by parents. In spite of their educational and social importance, there has been very little academic research and writing on private schools. The proposed book will be the culmination of Professor Walford's research into private schools over the past twenty years.

Between State And Market

Author: Bruce Chapman
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773521124
Size: 66.23 MB
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Between State and Market surveys and critiques the existing literature on charities law as well as the laws themselves. The authors offer policy prescriptions for the future of an increasingly vital sector of Canadian society. The first section of the book contains an overview of the charitable sector in Canada, a sociological review of altruism in different societies, a discussion of altruism in various philosophical and religious traditions, an economic analysis of "rational voluntarism," and an assessment of the relationship between the charitable sector and the welfare state. The second section contains five papers on the legal definition of charity, both general (the jurisprudence of the Federal Court of Appeal and a proposal for rethinking the concept of "public benefit"), and particular (the political purposes doctrine, religion as charity, and a commentary on the recent major Supreme Court decision on the meaning of charity). The third section deals with the tax status of charities: two papers evaluate the current tax credit system and one deals with the administration of charities by the Canada Customs and Revenue Agency. The final section contains essays on charities and commercial enterprise, on the regulation of fund-raising, and on needed reforms in non-profit corporation law. At a time when the federal government is about to embark on a wide range of policy initiatives to assist and regulate the non-profit sector, these essays are necessary reading for anyone concerned with the future of the charitable sector in Canada. Contributors include Neil Brooks (Osgoode Hall Law School), Cara Cameron (McGill), Bruce Chapman, Kevin Davis (Toronto), Abraham Drassinower (Toronto), David Duff (Toronto), Richard Janda (McGill), Will Kymlicka (Queen's), Andrée Lajoie (Montreal), Mayo Moran (Toronto), Charles-Maxime Panaccio (office of Mr Justice Charles Gonthier), Jim Phillips, Jane Allyn Piliavin (Wisconsin-Madison), David Sharpe (Attorney-General's Office, New York State), Lorne Sossin (Osgoode Hall Law School), David Stevens, and Jen-Chieh Ting (Academia Sinica). Jim Phillips is professor of law at the University of Toronto. Bruce Chapman is professor of law at the University of Toronto. David Stevens is professor of law at McGill University