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1 Spring 2012 Philanthropy in Action Contact Information SPRING 2012 PHILANTHROPY IN ACTION CONTACT INFORMATION Instructor Maxim Thorne Yale University Email: [email protected] Telephone: (202) 460-4966 Office: Yale College Dean's Office 1 Prospect Street, SSS 102 New Haven, CT 06520-8241 Office Hours: By appointment Invitation: I invite students enrolled in this course to join me for a casual lunch in small groups of five sometime in September. Please schedule our lunch by groups through ClassesV2 site "Forums" tab. Guests: Over the course of the semester we will have workshops (that are filmed) with some of the world greatest philanthropists. You are asked to participate in the conversation and to use these conversations as primary source material to be incorporated in your work. COURSE INFORMATION Description: This course explores how philanthropy has operated at the intersection of the United States Constitution and the political process—specifically in selecting and regulating philanthropic leadership and opportunity, amending the constitution and changing laws, and defining the respective functions of the three branches of government—and analyzes in these settings how politics inform and constrain philanthropy and related laws in the United States. We will see how individual and then mass philanthropy attempted to change some of the fundamental social and political dynamics that shape the day-to-day quality of life of Americans and their long-term trajectories of opportunity. We will explore the interplay of the private, public, nonprofit and philanthropic sectors. Students will look at modern philanthropy stepping onto the larger stage of public policy, civic relationships, and economic systems “in order to shatter calcified patterns of “injustice.” The Constitution helps frame philanthropic space even as its contours are themselves shaped by the private and political process. This enduring and always evolving relationship stands at the base of the American philanthropy project—and it is the font from which spring the values and principles that underpin American philanthropy. This course examines the foundational values and principles of philanthropy in America through the lens of historical and contemporary law and politics. We will discuss the great philanthropic moments from the birth of this nation to the present. Topics will include the American Revolution, Slavery, Abolitionists’ Trusts, post Civil War philanthropic compromises, Reforms, HBCUs, constitutional transformation, Hooverism, Tax dodges, The New Deal, Federal Bailout and Mortgage Foreclosure, Citizens United, and social change. 1 In addition, students in Philanthropy in Action have the opportunity to award $100,000 at the end of the semester to cause(s) and organization(s) of their own choosing. They will design their own metrics and solely be responsible for the deciding whom to fund. They will address Aristotle’s observation: “To give money is an easy matter in any man’s power. But to decide to whom to give it, and how large and when, and for what purpose and how, is neither in every man’s power nor an easy matter. Hence, it is that such excellence is rare, praiseworthy and noble.” (384-322 BC) COURSE INFORMATION Meetings: F 2:00-4:50pm; Additional time may be required to participate in discussions with philanthropists. Nature, Amount of Work and Evaluation: Class Participation – Class participation is necessary for optimal seminar experience. Students should be prepared to discuss all the assigned reading assignments and participate in class discussions. Class participation and performance may also be considered to adjust final grades either up or down one grade increment. Class participation will be worth 25% of final grade. Attendance: Students are expected to abide by the ABA requirement of “regular and punctual class attendance,” in ABA Standard 304(e). Please inform me or the Dean for Students of any anticipated absence(s) prior to the class you expect to miss. Short Assignment – A brief writing assignment of 3-5 pages will be required before midterm. This short assignment will be worth 5%. Class Presentation – Student Teams will make brief oral/multimedia presentation to the class on a chosen topic relating to a charity and/or issue. This presentation is worth 10%. Mid-Term Paper 3-5 pages. Mid-term will be worth 10% of final grade. Final Paper/Project –Final Paper will be worth 50% of final grade. Conferences/Consultations: Instructor will provide opportunities to conference individually with students to discuss drafts of Final Paper. Media: Laptops are permitted but discouraged. Class discussions will be more enjoyable and useful for all of us if we pledge to commit our undivided attention to each other. No recording devices may be used without permission. Philanthropic Engagement: Students may be able to engage directly in philanthropy by giving $100k at the end of the semester to charities of their choice. Students will develop metrics determine what appropriate charity(ies) to fund and in what amounts. Guests/Mentors: Harry Belafonte, Bruce Cohen, Donna Dubinsky, Daniel Schwartz, Julian Bond, Mimi Gardner Gates, Liesel Pritzker and Ian Simmons, Jesse and Betsy Fink, Julian Balandina, Beth Neville Evans, Inge Reichenbach, Tim Gill, Ted and Nina Wells, Luis Ubinas, Mo Ibrahim, Muhammad Yunus, Joshua Mailman, Jon Stryker, the Bronfman Family and others. READING MATERIALS Readings will average 150 pages per week. At the first class meeting, students will be instructed which readings on the syllabus must be “read carefully” or which may be “skimmed.” The following required materials are available for purchase at the Yale bookstore: 2 Who Really Cares: The Surprising Truth About Compassionate Conservatism by Arthur C. Brooks Philanthrocapitalism: How the Rich Can Save the World By Matthew Bishop, Michael Green The Responsibilities of Wealth Dwight F. Burlingame editor, Indiana University Press (1992) Small Change: Why Business Won't Save the World By Michael Edwards The Foundation: A Great American Secret; How Private Wealth is Changing the World By Joel L. Fleishman Charity, Philanthropy, and Civility in American History, By Lawrence J. Friedman, Mark D. McGarvie Poor Economics: A Radical Rethinking of the Way to Fight Global Poverty By Abhijit Banerjee, Esther Duflo How to Change the World: Social Entrepreneurs and the Power of New Ideas, Updated Edition By David Bornstein More Than Good Intentions: How a New Economics Is Helping to Solve Global Poverty By Dean Karlan, Jacob Appel Philanthropy Reconsidered: Private Initiatives - Public Good - Quality of Life By George McCully Uncharitable: How Restraints on Nonprofits Undermine Their Potential (Civil Society: Historical and Contemporary Perspectives) By Dan Pallotta Creating a World Without Poverty: Social Business and the Future of Capitalism By Muhammad Yunus Money Well Spent: A Strategic Plan for Smart Philanthropy (Bloomberg) By Paul Brest, Hal Harvey The Autobiography of Andrew Carnegie and The Gospel of Wealth by Andrew Carnegie (Paperback - Jul 5, 2010) American Sketches: Great Leaders, Creative Thinkers, and Heroes of a Hurricane By Walter Isaacson Creative Capitalism: A Conversation with Bill Gates, Warren Buffett, and Other Economic Leaders, Michael Kinsley (Editor), Conor Clarke (Contributor) Impact Investing: Transforming How We Make Money While Making a Difference 3 By Antony Bugg-Levine (Author), Jed Emerson (Author) Philanthropy in America: A History (Politics and Society in Twentieth-Century America) By Olivier Zunz (Author) Rambam’s Ladder: A meditation on Generosity and Why it is Necessary to Give (Workman Publishing, 2003) By Julie Salamon Giving Well: The Ethics of Philanthropy (Oxford University Press, 2010) By Patricia Illingworth, Thomas Pogge, Leif Wenar, eds Documentary Films: The Art of the Steal (Documentary that follows the struggle for control of Dr. Albert C. Barnes' 25 billion dollar collection of modern and post- impressionist art.) Sing Your Song (the story of Harry Belafonte) presented at the 2011 Sundance Film Festival and the 2011 Berlin Film Festival, as well as the 2011 Tribeca Film Festival.) Harvard Business School case studies, selected law review articles, periodical clippings of recent events germane to weekly topics (to be provided without charge by the professor on- line via Classes*v2). List of Harvard Business School And Other Case Studies & Articles 1. Path to Corporate Responsibility, S. Zadek 2. Fiji Water and Corporate Social Responsibility – Green Makeover or “GreenWashing” Richard Ivey School of Business, Univ. of Western Ontario 3. Hitting the Wall: Nike & International Labor Practices, D. Spar 4. McDonald’s, Wendy’s & Hedge Funds: Hamburger Hedging? Hedge Fund Activism and the Impact on Corporate Governance, D. Stowell 5. Multinational Corporation in Apartheid-era South Africa: The Issue of Reparations, G. Jones 6. Norway Sells Wal-Mart, Pozen & Sesia Other required materials will be made available electronically. Students wishing to explore subjects related to this course may find the non-required and entirely optional text both interesting and illuminating and is found at the end of the syllabus. WEBSITES RELEVANT TO PHILANTHROPY, NGOs, and PHILANTHROPIC CORPORATIONS. I have posted a number of sites under resources on https://classesv2.yale.edu LAW CASES Armstrong v. Lear, 33 U.S. 52 (1834) Hinds v. Brazealle, 3 Miss (2 How) 837 (1838) Kemper v. Trustees of Lane Seminary, 17 Ohio 293 (1848) Kemper v. Trustees of Lane Seminary, 17 Ohio 293 (1848) Green v. Lane, 43 N.C. (8 Ired. Eq.) 253 (1852) American Colonialism Soc. V. Gartrell, 23 Ga. 448, 464-465 (1857) Willis v. Jolliffee, 32 S.C. Eq. (11 Rich. Eq.) 447 (1860) 4 Jackson v. Wendell Phillips, 96 Mass, 539, 555 (1867)a United State v. Lee, 106 U.S. 196 (1882) Appeal of Sophia G. Coxe, 5 BTA 261, 262- 863 (1926) Slee v. Commissioner, 42 F2d 184 (2d Cir. 1930) Bob Jones University v. United States, 461 U.S. 574 (1983) Hodel v. Irving, 481 U.S. 704 (1987) Babbitt v. Youpee, 519 U.S. 234 (1997) Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000) Citizens United v. Federal Election Commission, 558 U.S.
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