Chicago-Kent Law Review Volume 85 Issue 2 Symposium on the Law of Philanthropy Article 5 in the Twenty-First Century, Part I April 2010 Respecting Foundation and Charity Autonomy: How Public is Private Philanthropy? Evelyn Brody IIT Chicago-Kent College of Law John Tyler Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Nonprofit Organizations Law Commons, and the Taxation-Federal Estate and Gift Commons Recommended Citation Evelyn Brody & John Tyler, Respecting Foundation and Charity Autonomy: How Public is Private Philanthropy?, 85 Chi.-Kent L. Rev. 571 (2010). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol85/iss2/5 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact
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[email protected]. RESPECTING FOUNDATION AND CHARITY AUTONOMY: HOW PUBLIC IS PRIVATE PHILANTHROPY?* EVELYN BRODY** AND JOHN TYLER*** FORWARD: GROUNDING THE DEBATE From Colonial times Americans have debated the role of philanthropy and the charitable sector in our social and political economy. These de- bates, while they can never be definitively resolved, are a healthy reflection of the diversity and plurality of views about the relative roles of the gov- ernmental, business, and nonprofit sectors. Recent years, however, have seen a disturbing increase in legal proposals or demands by certain mem- bers of the public and the government to interfere with the governance, missions, strategies, and decision-making of foundations and other chari- ties.