Whose Public? Parochialism and Paternalism in State Charity Law Enforcement

Total Page:16

File Type:pdf, Size:1020Kb

Whose Public? Parochialism and Paternalism in State Charity Law Enforcement Whose Public? Parochialism and Paternalism in State Charity Law Enforcement * EVELYN BRODY TABLE OF CONTENTS INTRODUCTION ......................................................................................................938 I. THE LEGAL FRAMEWORK FOR CHARITY LAW REGULATION...............................943 A. Constitutional Protections .........................................................................943 B. Roles of Branches of State Government.....................................................946 1. The Attorney General as Parens Patriae ............................................946 2. Adding in the Legislature....................................................................950 3. And the Last Word: The Courts ..........................................................954 C. The Complication of Organizational Form: The Charitable Trust and the Nonprofit Corporation ...................................................................................956 1. Historical Roots and Contemporary Challenges .................................956 2. Nonprofit Hospital and HMO Conversion Legislation .......................962 3. Multi-Entity Structures .......................................................................966 4. Transporting Trust Doctrine to Nonprofit Corporation Law...............967 D. Sources of Parochialism in Charity Enforcement .....................................968 1. Operating Assets: Geography Is Destiny ............................................968 2. The Temptation of Charitable Investment Assets ...............................970 E. Ascertaining the Proper Role of Charity Enforcers...................................974 1. Focus on Fiduciary Duties, Not Ends..................................................976 2. Parochialism by Charities: What Is the Effect of Foreign Incorporation? ................................................................................................................979 3. Inappropriate Involvement in Charity Governance.............................984 II. CASE STUDIES ...................................................................................................984 A. Hershey Trust’s Aborted Sale of Control in Hershey Foods Corp ............985 B. The Terra Foundation for the Arts.............................................................999 C. HealthPartners ........................................................................................1004 D. Heath Midwest.........................................................................................1008 E. The Increasing Difficulty of Converting Blue Cross Plans......................1017 1. CareFirst: Conversion Prohibited......................................................1019 2. Empire Blue Cross: Proceeds Paid to State.......................................1026 3. Fallout and Analysis..........................................................................1032 CONCLUSION........................................................................................................1034 INTRODUCTION * Freehling Scholar, 2002-2004, Chicago-Kent College of Law. I am grateful for support from the Norman and Edna Freehling Endowment Fund and from the Marshall D. Ewell Research Fund at Chicago-Kent. This Article benefited from discussions with Thomas Silk and Douglas M. Mancino, and for comments on earlier drafts from Laura Chisolm, Harvey Dale, Alan Feld, James Fishman, Dan Kurtz, Marion Fremont-Smith, Mark Owens, John Simon, Jonathan Small, Eric Talley, and participants at: an October 21, 2002, workshop at the University of Southern California Law School’s Center on Law and Economics; a November 16, 2002, presentation at the annual conference of the Association for Research on Nonprofit Organizations and Voluntary Action in Toronto, Canada; and a February 20, 2003, roundtable at the Nonprofit Forum in New York City. While I am the Reporter of the American Law Institute’s Project on the Law of Nonprofit Organizations, this Article reflects my views only. 2004] CHARITY LAW ENFORCEMENT 938 “[T]he broad interests of the Attorney General necessarily entail protecting the public against any social and economic disadvantages which may be occasioned by the activities and functioning of public charities . .”1 “I’m there fighting for the people of Hershey and the people of central Pennsylvania. This is the job that I have as the attorney general of Pennsylvania. The fact that I’m running for governor in this great commonwealth of ours has absolutely no role in the action that my office and I are taking in this case.”2 “‘It just wouldn’t have been right to have Hershey Park called Wrigley Field.’”3 Assets of nonprofit organizations are not governmental assets. Anglo- American law recognizes the authority of private parties to create, fund, and operate nonprofit organizations for public purposes. Importantly, the public served by a particular charity is not necessarily—or even often—the general public. Rather, a given nonprofit serves the indefinite class of beneficiaries chosen by its creators, funders, governing board, and, in some cases, members—but not by the state. Regulation of the two legal forms of charity—trust and corporate—varies somewhat from state to state both as a matter of formal law and in practice. Basically, every state attorney general enjoys the role known as parens patriae— inherited from the English view of the sovereign as father of the country—to oversee the performance of charitable trusts and their fiduciaries.4 A few state constitutions commit jurisdiction over charitable trusts to the courts rather than to the legislature, and state laws on nonprofit corporations differ as to the authority specifically granted to the attorney general. Moreover, as a practical matter, few 1. Pennsylvania Attorney General, Petition for Citation for Rule to Show Cause Why a Proposed Sale of Trust Assets Constituting the Controlling Interest in Hershey Foods Corporation Should Not Be Conditioned Upon Court Approval at ¶¶ 16-18, In re Milton Hershey School Trust (Orphans’ Court Div., Ct. Common Pleas, Dauphin County, Aug. 12, 2002), available at http://www.attorneygeneral.gov/ppd/charity/PDF/Hershey-Petition.pdf (emphasis in original). 2. Business Center (CNBC television broadcast, Sept. 6, 2002), available at http://www.lexis.com/research, Transcripts File. Subsequently, the voice-over in a Fisher campaign broadcast intoned: “Then he fought to block the sale of Hershey Foods, saving 6,000 more critical jobs.” Peter L. DeCoursey, Pennsylvania Attorney General Will Use Hershey Sale Halt in Campaign Ads, PATRIOT-NEWS, Sept. 26, 2002 (quoting a new “30- second ‘Jobs’ commercial for the campaign ad of Republican gubernatorial candidate Mike Fisher”). 3. Steven Pearlstein, For Hershey Trust, the Outcome Is Bittersweet, WASH. POST, Sept. 19, 2002, at E1 (quoting Attorney General Mike Fisher’s explanation for why he sought a restraining order on the Hershey Trust’s sale of its stock in Hershey Foods, which abandoned talks with Wm. R. Wrigley, Jr. Co.). 4. See, e.g., Commonwealth of Kentucky ex rel. Ferguson v. Gardner, 327 S.W.2d 947, 948 (Ky. App. 1959) (“The asserted right of the Attorney General to intervene . is predicated on the ancient English doctrine that the King, as parens patriae, superintended the administration of charities and acted by the attorney general, who was his proper officer in that respect.”); see generally MARION R. FREMONT-SMITH, GOVERNING NONPROFIT ORGANIZATION: FEDERAL AND STATE LAW AND REGULATION 301 (2004). 2004] CHARITY LAW ENFORCEMENT 939 state attorneys general have the funding and inclination to engage in aggressive charity enforcement. Indeed, the very lack of state involvement with the organization and operation of nonprofit entities might explain how legislatures, attorneys general, and even courts can misconstrue their proper roles in the regulation of charities and other nonprofits. Of course, nonprofit assets and activities exist within a social and political structure.5 Nonprofit wealth and operations attract the most attention when the public sector experiences particular financial stress. For example, it is not surprising that the Connecticut attorney general recently charged Yale New Haven Hospital with failing to make adequate distributions from donated “free bed funds” to those who might otherwise draw on the state’s overburdened Medicaid system.6 More systematically, the ongoing shakeout in the hospital industry and the consequent consolidation of some nonprofit hospitals—or even their “conversion” to for-profit status—has driven many states to seek a more central role in the use of charitable assets. Astonishingly, in New York and possibly elsewhere, the state governor and legislature engineered the conversion of New York’s nonprofit Blue Cross entity in a manner that results in ninety-five percent of the conversion proceeds being paid directly to public coffers.7 When faced with the flight or loss of significant nonprofit assets from a locality, state regulators, courts, and the legislature sometimes mobilize to secure the border. The manifestation of that uniquely state-level syndrome, parochialism, follows a predictable path. Most generally, the rationale for charity—and, in particular, for the tax exemption that charity has enjoyed—is often expressed as “lessening the burdens of government,”8 and in this context charity very much 5. Beyond the scope of this Article are the nonprofit organizations created by, or for the benefit of, governmental bodies. Notably,
Recommended publications
  • The Honorable Eliot Spitzer State Capitol Albany, NY 12224 Antonia
    The Honorable Eliot Spitzer State Capitol Albany, NY 12224 Antonia C. Novello, M.D., M.P.H., Dr. P.H. New York State Commissioner of Health New York State Department of Health Corning Tower Empire State Plaza Albany, NY 12237 Dear Governor-elect Spitzer and Commissioner Novello: We write on behalf of the memberships of four committees of the New York City Bar Association -- Corrections, Health Law, Mental Health Law, and Social Welfare Law -- to urge New York State to cease its current practice of terminating Medicaid eligibility for individuals incarcerated in state and local correctional facilities. We urge the State instead to suspend Medicaid eligibility. Suspension will allow incarcerated Medicaid beneficiaries to receive needed benefits promptly upon release, thereby promoting continuity of care. Under the present system, formerly eligible individuals must reapply for Medicaid upon their release from correctional facilities. This process typically results in a significant delay in these individuals’ ability to access needed care in their communities. Members of this population already are at high risk for physical and mental illnesses, including substance addiction. Additionally, many releasees have serious chronic conditions for which they received care while in prison. It is imperative that they receive swift access to adequate and affordable medical care upon release. Failure to receive such assistance can hinder their ability to become productive members of the community, and in fact, may threaten the safety and well-being of the communities to which formerly incarcerated individuals return. Moreover, while awaiting the reinstatement of Medicaid coverage, formerly incarcerated individuals frequently turn to emergency rooms and other costly forms of care for assistance.
    [Show full text]
  • PDF SVA Handbook 2020–21
    2020/2021 SVA Handbook SVA • 2020 / 2021 20 /21 SVA Handbook CONTENTS President’s Letter 2 The College 3 Academic Information 9 Student Information 23 Faculty Information 44 General Information 55 Standards, Procedures, Policies and Regulations 69 SVA Essentials 93 2020–2021 Academic Calendar 113 Index 119 SVA.EDU 1 THE SVA HANDBOOK provides faculty, students and administrative staff with information about the College, its administration, services and processes. In addition, the Handbook contains policies mandated by federal and state regulations, which all faculty, students and administrative staff need be aware of. In this regard, I would especially like to call your attention to the sections on attendance (pages 12 and 46), the Family Educational Rights and Privacy Act (FERPA) (page 85), Student Disruptive and Concerning Behavior (page 74), Title IX procedures (page 84) and the SVA policy on alcohol and drugs (page 70). We look forward to the 2020–2021 academic year. Our students, this year from 45 states, one U.S. territory and 49 countries, will once again pursue their studies with the focused guidance of our renowned professional faculty. DAVID RHODES President August 2020 2 SVA HANDBOOK THE COLLEGE Board of Directors 4 Accreditation 4 SVA Mission Statement 4 SVA Core Values 4 History of SVA 5 Academic Freedom 6 First Amendment Rights 6 SVA Student Profile 7 SVA.EDU 3 BOARD OF DIRECTORS The Interior Design program leading to the Brian Palmer Bachelor of Fine Arts in Interior Design is ac- Joseph F. Patterson credited by the Council for Interior Design Anthony P. Rhodes Accreditation (accredit-id.org), 206 Grand- David Rhodes ville Avenue, Suite 350, Grand Rapids, MI Lawrence Rodman 49503-4014.
    [Show full text]
  • Former Enron Vice President Sherron Watkins on the Enron Collapse
    UC Irvine UC Irvine Previously Published Works Title Former Enron vice president Sherron Watkins on the Enron collapse Permalink https://escholarship.org/uc/item/9pb4r7nj Journal Academy of Management Executive, 17(4) ISSN 1079-5545 Author Pearce, JL Publication Date 2003 DOI 10.5465/ame.2003.11851888 License https://creativecommons.org/licenses/by/4.0/ 4.0 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ? Academy of Management Executive, 2003, Vol. 17, No. 4 Former Enron vice president Sherron Watkins on the Enron collapse Academy Address, August 3, 2003, by Sherron Watkins Introduction to the address by Academy President Jone L. Pearce It is my pleasure to introduce Sherron Watkins, the Academy of Management's 2003 Distinguished Executive Speaker. By now, her story as the former vice president of Enron Corporation who tried to bring what she called "an elaborate accounting hoax" to the attention of Enron's chief executive officer is well known. In August 2001, responding to his invitation to employees to put any concerns in a comment box, she did so. When he did not address her explosive charges at a subsequent company-wide meeting, she sought a face-to-face meeting with him. A month later the CEO announced to employees that "our financial liquidity has never been stronger," while exercising his own $1.5 billion in stock options, just ahead of the company's announcement of a $618 million quarterly loss. When United States Congressional investigators uncovered her letter buried in boxes of documents, they brought Ms. Watkins before the United States Senate in February 2002 to testify about her warnings.
    [Show full text]
  • Group Sales and Benefits
    Group Sales and Benefits 2019–2020 SEASON Mutter by Bartek Barczyk / DG, Tilson Thomas by Spencer Lowell, Ma by Jason Bell, WidmannCover by photo Marco by Jeff Borggreve, Goldberg Wang by / Esto. Kirk Edwards, This page: Uchida Barenboim by Decca by Steve / Justin J. Sherman, Pumfrey, Kidjo Terfel by Sofia by Mitch Jenkins Sanchez / DG, & Mauro Muti Mongiello. by Todd Rosenberg Photography, Kaufmann by Julian Hargreaves / Sony Classical, Fleming by Andrew Eccles, Kanneh-Mason by Lars Borges, Group Benefits Bring 10 or more people to any Carnegie Hall presentation and enjoy exclusive benefits. Daniel Barenboim Tituss Burgess Group benefits include: • Discounted tickets for selected events • Payment flexibility • Waived convenience fees • Advance reservations before the general public Sir Bryn Terfel Riccardo Muti More details are listed on page 22. Calendar listings of all Carnegie Hall presentations throughout the 2019–2020 season are featured Jonas Kaufmann Renée Fleming on the following pages, including many that have discounted tickets available for groups. ALL GROUPS Save 10% when you purchase tickets to concerts identified with the 10% symbol.* Sheku Kanneh-Mason Anne-Sophie Mutter BOOK AND PAY For concerts identified with the 25% symbol, groups that pay at the time of their reservation qualify for a 25% discount.* STUDENT GROUPS Michael Tilson Thomas Yo-Yo Ma Pay only $10 per ticket for concerts identified with the student symbol.* * Discounted seats are subject to availability and are not valid on prior purchases or reservations. Selected seats and limitations apply. Jörg Widmann Yuja Wang [email protected] 212-903-9705 carnegiehall.org/groups Mitsuko Uchida Angélique Kidjo Proud Season Sponsor October Munich Philharmonic The Munich Philharmonic returns to Carnegie Hall for two exciting concerts conducted by Valery Gergiev.
    [Show full text]
  • Form • Color • Balance Recent Works • Mark Davis
    1 FORM • COLOR • BALANCE Recent Works • MARK DAVIS Pucker Gallery • Boston 2 Déjà vu Standing mobile in brass, aluminum, steel wires, oil and acrylic colors 8.5 x 13 x 7" MD624 FORM • COLOR • BALANCE Recent Works • MARK DAVIS THE IMPRESSIONISTS PAINTED THE LIGHT. Looking back on the past three decades, he now Mark Davis sculpts the air itself. can boast numerous gallery and museum exhibi- As we define ourselves in space, Mark’s mo- tions, public and private commissions, and a large biles each define their own small universe of space. following of avid collectors in the Boston area and What is that space? Where does it come from? far beyond. Mark imagines it, and then sees it — and somehow There is an immediate temptation to compare that vision gets transferred to his hands, which his work to Alexander Calder, and the artist takes make it appear. no exception to this comparison; he greatly ad- Often, there is a whimsy in Mark’s work that is mires Calder, who was an inspiration early in his so reflective of the artist’s personality one is tempt- life and career. But at this point Mark’s visual vo- ed to make further comparisons. While sometimes cabulary has become a complete language — and deliriously sparky and colorful, his kinetic improvi- completely his own. sations are also rock solid and sure-footed, also like His use of color and form, and his emphasis the artist. on spatial relationships also conjures images of Mark has been creating fanciful and meticu- other artists who have influenced his work: Henri lously constructed mobiles for over 25 years.
    [Show full text]
  • Carnegie Hall a Rn Eg Ie an D H Is W Ife Lo 12 Then and Now Uise, 19
    A n d r e w C Carnegie Hall a rn eg ie an d h is w ife Lo 12 Then and Now uise, 19 Introduction The story of Carnegie Hall begins in the middle of the Atlantic. itself with the history of our country.” Indeed, some of the most In the spring of 1887, on board a ship traveling from New York prominent political figures, authors, and intellectuals have to London, newlyweds Andrew Carnegie (the ridiculously rich appeared at Carnegie Hall, from Woodrow Wilson and Theodore industrialist) and Louise Whitfield (daughter of a well-to-do New Roosevelt to Mark Twain and Booker T. Washington. In addition to York merchant) were on their way to the groom’s native Scotland standing as the pinnacle of musical achievement, Carnegie Hall has for their honeymoon. Also on board was the 25-year-old Walter been an integral player in the development of American history. Damrosch, who had just finished his second season as conductor and musical director of the Symphony Society of New York and ••• the Oratorio Society of New York, and was traveling to Europe for a summer of study with Hans von Bülow. Over the course of After he returned to the US from his honeymoon, Carnegie set in the voyage, the couple developed a friendship with Damrosch, motion his plan, which he started formulating during his time with inviting him to visit them in Scotland. It was there, at an estate Damrosch in Scotland, for a new concert hall. He established The called Kilgraston, that Damrosch discussed his vision for a new Music Hall Company of New York, Ltd., acquired parcels of land concert hall in New York City.
    [Show full text]
  • Desperately Seeking Solutions: Using Implementation-Based Solutions for the Troubles of Information Privacy in the Age of Data Mining and the Internet Society
    Maine Law Review Volume 56 Number 1 SYMPOSIUM: Topics in Law and Article 3 Technology January 2004 Desperately Seeking Solutions: Using Implementation-Based Solutions for the Troubles of Information Privacy in the Age of Data Mining and the Internet Society Tal Z. Zarsky Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/mlr Part of the Computer Law Commons, Internet Law Commons, and the Privacy Law Commons Recommended Citation Tal Z. Zarsky, Desperately Seeking Solutions: Using Implementation-Based Solutions for the Troubles of Information Privacy in the Age of Data Mining and the Internet Society, 56 Me. L. Rev. 13 (2004). Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol56/iss1/3 This Article is brought to you for free and open access by the Journals at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Maine Law Review by an authorized editor of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. DESPERATELY SEEKING SOLUTIONS: USING IMPLEMENTATION-BASED SOLUTIONS FOR THE TROUBLES OF INFORMATION PRIVACY IN THE AGE OF DATA MINING AND THE INTERNET SOCIETY Tal Z. Zarsky INTRODUCTION I. SOLUTIONS AND THE INFORMATION FLOW A. Collection B. Analysis C. Implementation D. Summing Up II. PREFERRING THE REGULATION OF IMPLEMENTATION TO COLLECTION A. Virtual Babies and Virtual Bathwater 1. Subsidiesfor Startups and the Importance of Innovation 2. CreatingValue B. The "Personal-Information-Based"Transaction 1. Myopia and CorrectiveLenses 2. Collectees vs. Subjects of Manipulation III. DOUBLECLICK, IN.-A PRACTICAL PERSPECTIVE A. Collection B. Analysis C.
    [Show full text]
  • Daniel L. Feldman [email protected] 533.22 Haaren Hall, John Jay College of Criminal Justice, 524 West 59 Street, New York, NY
    Daniel L. Feldman [email protected] 533.22 Haaren Hall, John Jay College of Criminal Justice, 524 West 59 Street, New York, NY Experience Director, MPA-Inspection and Oversight Program 2019- Professor of Public Management 2014-2019 Associate Professor of Public Management 2010-2014 John Jay College of Criminal Justice, 445 W. 59 St., NYC 10019 Courses offered: Administrative Law; Ethics, Integrity, and Accountability in Public Management; Public Sector Inspection and Oversight; Oversight by Independent, Regulatory & Political Authorities; Policy Analysis Special Counsel for Law and Policy 2007-2010 Office of the State Comptroller, 633 Third Avenue, NYC 10017 Advised Comptroller on legal and policy issues; supervised divestment of Iran- and Sudan- related holdings by New York Common Retirement Fund; recommended revision, approval, or overrule of hearing officer decisions on pension appeals; assessed relationship between corporate governance and social accountability policies and investment returns; drafted complete revision of body of New York’s law on unclaimed funds. Executive Director and General Counsel 2005-2007 New York State Trial Lawyers Association, 132 Nassau St., NYC 10038 Operating chief of 4000-member association of attorneys, with responsibility for overseeing research, lobbying, political fundraising, finance, media, and personnel. Reported to annually- elected president and board of directors. Reversed 7-year financial decline, strengthened representation in national body by 33 percent, created first new regional affiliate (“Mid- Hudson”) in seven years, won enactment of two new laws, won crucial modifications sought by membership to new court rules on attorney advertising. Assistant Deputy Attorney General 1999–2005 Office of the Attorney General, 120 Broadway, Rm.
    [Show full text]
  • The Pending Determination of the Legality of Internet Gambling in the United States
    THE PENDING DETERMINATION OF THE LEGALITY OF INTERNET GAMBLING IN THE UNITED STATES Internet gambling has been targeted on many fronts in the United States, including Congress, the courts, the Bush Administration and credit card agencies. This iBrief details recent trends in the regulation of online gaming, and concludes that while absolute prohibitions may be ineffective, the combined resistance of these institutions will prevent the industry from expanding its customer base. An Overview There can be little doubt that Internet gambling means big business around the world. Online gaming sites have won $4.1 billion from bettors this year, and that number is expected to increase to an estimated $6 billion next year.1 Gamblers in the United States are responsible for between 50 percent and 65 percent of that amount.2 This iBrief will discuss four current developments that will determine the course of evolution of the Internet gambling industry: • First, the Internet Gambling Enforcement Bill3 passed last year in the United States House of Representatives.4 This bill sought to prevent online gambling sites from using credit card instruments in their transactions.5 The Senate never voted on the proposed legislation before the 107th Congress adjourned, so any attempt to regulate Internet gambling must begin again with the 108th Congress. Nonetheless, the House vote signaled interest by lawmakers in the issue of Internet gambling regulation. • The second development is the move by credit card companies to prohibit the use of their cards in online gaming transactions.6 This strategic move by the 1 Jeff Simpson, Online Gaming Decision Panned: Official Deems Net Bets Illegal In Letter, LAS VEGAS REV.-J., Sept.
    [Show full text]
  • 216 41 Cooper Square 89 Abyssinian Baptist Church 165 Alimentation 63
    216 index 41 Cooper Square 89 Angel’s Share 92 The Half King Bar & Attaboy 56 Restaurant 83 A Bar 54 127 The Vig Bar 63 Bar Veloce 93 Verlaine 57 Abyssinian Baptist Bembe 173 White Horse Tavern 74 Church 165 Bemelmans Bar 147 Baseball 206 Alimentation 63, 75, 84, Blind Tiger Ale House 73 Basketball 206 93, 102, 157 d.b.a. East Village 93 Bateau 197 American Museum of Dos Caminos 102 Battery Maritime Natural History 153 Gallow Green 83 Building 46 Apollo Theater 164 Great Hall Balcony Bar 147 Battery Park 46 Appartements 184 Henrietta Hudson 74 Hudson Common 128 Battery Park City 41 Appellate Division Hudson Malone 118 Beacon Theatre 156 Courthouse of the New Jake’s Dilemma 156 York State Supreme Bedford Avenue 171 La Birreria 102 Belvedere Castle 136 Court 95 Le Bain 83 Bethesda Fountain & Argent 199 Library Bar 128 Terrace 135 Astoria 175 McSorley’s Old Ale Astor Place 88 House 93 Bijouteries 119 Auberges de Paddy Reilly’s Music Birdland 128 jeunesse 185 Bar 102 Blue Note 74 Paris Café 40 Boerum Hill 171 Autocar 183 Pegu Club 63 Bow Bridge 136 Avery Architectural & Please Don’t Tell 93 Fine Arts Library 162 Roof Garden Café and Bowery Ballroom 57 Avion 180 Martini Bar 147 British Empire Sake Bar Decibel 93 Building 109 B Schiller’s Liquor Bar 57 Broadway 120 Shalel Lounge 156 Bronx 176 Banques 199 Sky Terrace 128 Bronx Zoo 177 Bars et boîtes S.O.B.’s 63 Brookfield Place 42 de nuit 200 The Brooklyn Barge 173 68 Jay Street Bar 173 The Dead Rabbit Grocery Brooklyn 168 Abbey Pub 156 and Grog 40 Brooklyn Botanic Aldo Sohm Wine Bar 127 The
    [Show full text]
  • Winter 2009 2008-2009 KCDAA Board
    The Kansas Prosecutor The official publication of the Kansas County and District Attorneys Association Volume V, No. 3, Winter 2009 2008-2009 KCDAA Board Thomas R. Stanton Ann Swegle John Wheeler, Jr. President Vice President Director Reno County Deputy District Sedgwick County Deputy District Finney County Attorney Attorney Attorney Melissa Johnson Mark Frame Michael Russell Director Director Director Seward County Assistant County Edwards County Attorney Wyandotte County Chief Deputy Attorney District Attorney Chairs & Representatives Justin Edwards CLE Committee Chair Assistant Sedgwick County District Attorney Nola Tedesco Foulston NDAA Representative Barry Wilkerson Ed Brancart Sedgwick County District Attorney Director Past President Riley County Attorney Wyandotte County Deputy District Attorney The Kansas Prosecutor The official publication of the Kansas The Kansas Prosecutor County and District Attorneys Association The official publication of the Kansas County Published by the Kansas County and District and District Attorneys Association Attorneys Association, 1200 S.W. Tenth Avenue, Topeka, Kansas 66604. Phone: (785) 232-5822 Fax: (785) 234-2433 Volume V, No. 3, Winter 2009 Table of Contents President’s Column Our mission: by Thomas Stanton .............................................................................................. 4 The purpose of the KCDAA is to promote, improve and facilitate the administration New Legislature Alters Environment for Prosecutors of justice in the State of Kansas. by Steve Kearney ................................................................................................
    [Show full text]
  • What the Financial Services Industry Puts Together Let No Person Put Asunder: How the Gramm-Leach-Bliley Act Contributed To
    Florida A&M University College of Law Scholarly Commons @ FAMU Law Journal Publications Faculty Works 2010 What the Financial Services Industry Puts Together Let No Person Put Asunder: How the Gramm- Leach-Bliley Act Contributed to the 2008 - 2009 American Capital Markets Crisis Joseph Karl Grant [email protected] Follow this and additional works at: http://commons.law.famu.edu/faculty-research Part of the Commercial Law Commons, Consumer Protection Law Commons, and the Law and Politics Commons Recommended Citation Joseph Karl Grant, What the Financial Services Industry Puts Together Let No Person Put Asunder: How the Gramm-Leach-Bliley Act Contributed to the 2008 - 2009 American Capital Markets Crisis, 73 Alb. L. Rev. 371 (2010) This Article is brought to you for free and open access by the Faculty Works at Scholarly Commons @ FAMU Law. It has been accepted for inclusion in Journal Publications by an authorized administrator of Scholarly Commons @ FAMU Law. For more information, please contact [email protected]. ARTICLES WHAT THE FINANCIAL SERVICES INDUSTRY PUTS TOGETHER LET NO PERSON PUT ASUNDERt: HOW THE GRAMM-LEACH-BLILEY ACT CONTRIBUTED TO THE 2008- 2009 AMERICAN CAPITAL MARKETS CRISIS Joseph Karl Grant* ABSTRACT The current subprime financial crisis has shaped up to be one of the most dramatic and impactful events in the past few decades. No one particularfactor fully accounts for why the American economy suffered setbacks unseen since the Great Depression of the 1930s. Some of the roots of the current financial crisis started taking hold in 1999 when Congresspassed the FinancialServices Modernization Act, also known as the Gramm-Leach-Bliley Act.
    [Show full text]