Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2015 Strengthening Charity Law: Replacing Media Oversight with Advance Rulings for Nonprofit Fiduciaries Linda Sugin Fordham University School of Law,
[email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Companies Law Commons Recommended Citation Linda Sugin, Strengthening Charity Law: Replacing Media Oversight with Advance Rulings for Nonprofit iF duciaries, 89 Tul. L. Rev. 869 (2015) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/550 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact
[email protected]. Strengthening Charity Law: Replacing Media Oversight with Advance Rulings for Nonprofit Fiduciaries Linda Sugin* This Article considers three urgent challenges facing the charitable community and its state regulators: too little fiduciary duty law for nonprofits, the rise of media enforcement of wrongdoing in charities, and an inherent tension in the state’s dual role as enforcer and protector of the nonprofit sector. It analyzes whether the scarcity of law is really a problem by comparing nonprofit organizations with business organizations and concludes that charities lack the self- enforcement mechanisms