*Reprinted with permission from The American Law Institute.
University of Utah S.J. Quinney College of Law Professor Nancy A. McLaughlin is Associate Reporter for The American Law Institute’s Restatement of the Law, Charitable Nonprofit Organizations project, which the membership of ALI voted to approve on May 20. The vote marked the completion of the project.
The Restatement addresses legal issues faced by nonprofit institutions, including choice of form, governance, changes to purpose and organization, gifts subject to restrictions, government regulation of charities, and standing of private parties.
“This Restatement is meant to cover a large body of law. It addresses the birth, life, and death of charitable nonprofit organizations,” said ALI Project Reporter Jill R. Horwitz, professor of Law at the UCLA School of Law. “It’s an important project for the ALI to undertake because charities touch the lives of so many people across the country and the law that governs charities is so poorly understood.”
In addition to Horwitz, McLaughlin served as the project’s Associate Reporter, and Marion R. Fremont-Smith of Harvard University, Kennedy School of Government, served first as a Reporter on the project before taking on the role of Consultant.
“A great deal of wealth in the United States is controlled by charitable nonprofit organizations,” said ALI Director Richard L. Revesz. “These entities play significant roles in fields as diverse as education, health care, religion, social services, and the arts. The completion of a first Restatement in such an important area is an enormous accomplishment, and I want to express my great appreciation to Jill, Nancy, and Marion for their tireless and very effective work.”
“One of the most wonderful parts of this process is the number and variety of people with whom you collaborate,” said McLaughlin. “We have the Members Consultative Group, Advisers, the ALI Council, and the broader ALI membership, and through this process we receive invaluable comments from judges, practitioners, regulators, and academics. The result, this Restatement, reflects that collaboration and diversity of perspectives.”
With the approval of the draft, the Reporters will now prepare the Institute’s official text for publication. Until the official text is published, this and previous tentative drafts, which have now all been approved by ALI’s Council and membership are the official position of ALI, and may be cited as such.
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About The American Law Institute
The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and improve the law. The ALI drafts, discusses, revises, and publishes Restatements of the Law, Model Codes, and Principles of Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.
By participating in the Institute’s work, its distinguished members have the opportunity to influence the development of the law in both existing and emerging areas, to work with other eminent lawyers, judges, and academics, to give back to a profession to which they are deeply dedicated, and to contribute to the public good.
For more information about The American Law Institute, visit www.ali.org.