دانلود کتاب Debates in Charity Law

فهرست مطالب :

Acknowledgements
Table of Contents
List of Contributors
1. Fault Lines in Charity Law
I. Debates in Charity Law
II. Old Law, New Shoes
III. Specific Regulatory Contexts for Charities
IV. Conclusion
2. Independence and Accountability in the Charity Sector
I. Introduction
II. Diversity, Voluntarism, and the Independence of the Charity Sector
III. Charity Accountability and Sector Independence from the State
IV. Conclusion
3. Debating the Extent of Party/State Control Over Overseas Nonprofit Organisations: Charity Law Debates in China
I. Introduction: Fault Lines in Chinese Charity Law
II. Delineating the Fault Lines: China’s Relationships with Overseas NGOs, Foundations and Think Tanks
III. From Fault Lines to Decisions: Making the Policy Decision for a Much More Controlling Policy, 2012 to the Present
IV. The Party/State and Overseas Nongovernmental Organisations Since 2012
V. Beyond Extended Control: Areas of Continued Policy Decision-Making - But Not Much Debate
VI. When the Debates are Over: A New Typology of Overseas Nongovernmental Organisations in China
VII. Conclusion
4. Regulating Egoism in Perpetuity
I. Introduction
II. Donative Economics and Legal Scholarship
III. Theorising Egoism in Connection with Legal Perpetuity
IV. A Justification for Founder Plan-Protection
V. An Analytical Role for Altruism
VI. A Legal-Conceptual Method for Policy Compromise
VII. Conclusion
5. Deploying Communitarianism Bankruptcy Theory to Rescue Insolvent Charities and Maintain Charitable Purposes
I. Introduction
II. Communitarianism and the For-Profit Corporation
III. Communitarianism and Non-Profit Corporations
IV. Insolvent Charitable Corporations, Rescue and ‘Adapted Cy-près’
V. Conclusion
6. When Should Charities be Allowed to Discriminate? The Case of Single-Sex Services and Transgender People
I. Introduction
II. Charities and Discrimination
III. Justifying Charitable Discrimination
IV. When should Charities be able to Discriminate?
V. Conclusion
7. Regulating Charitable Activities through the Requirement for Charitable Purposes: Square Peg Meets Round Hole
I. Introduction
II. Case Study: Bob Jones University v United States
III. Doing ‘Charity’ – Purposes versus Activities
IV. Public Benefit and Activities
V. Conclusion
8. Redefining the Regulatory Space? The First Forays of the Irish Charities Regulatory Authority
I. Introduction: The Difficult Births of Charity Regulators
II. The Irish Regulatory Landscape Pre-2014
III. Introducing the New Kid on the Block: The Charities Regulatory Authority
IV. Regime Change: Lessons from Other Jurisdictions
V. Conclusion
9. Independent Schools in Scotland: Should they be Charities?
I. Introduction
II. Scottish Independent Schools in Context
III. Should Independent Schools be Abolished in Scotland?
IV. Scottish Independent Schools as Charities
V. Should Independent Schools be Excluded from Charitable Status in Scotland?
VI. Should Independent Schools Enjoy the Full Range of Charity Tax Reliefs?
VII. Conclusions – Relevance for England and Wales?
10. Licking their Own Lollipops: What do Charities and the Public Think about the Regulation of Charitable Activities?
I. Introduction
II. What Do We Know about Regulation?
III. What Do Charities Think?
IV. What Do Members of the Public Think?
V. Conclusion: Should this Matter?
11. Commissioning of Services by Charities in the Third Decade of the Contract Culture: Lessons Learned (or Not Yet)
I. Introduction
II. Payment by Results
III. The Challenges of PbR Contracts for Charities
IV. Structural Alleviating Measures for Charities Entering into PbR Contracts
V. Additional Government Support for Contracting Using PbR
VI. Charities in the New Contracting Environment - Towards the Future
VII. Conclusion
12. Regulating the Digital (Currency) Revolution: Unravelling the Technological Challenge Faced by Charities
I. Introduction
II. Digital Currencies as an Emerging Technological Opportunity for Charities
III. Regulation of (Emerging) Technology as a Research Lens
IV. Unravelling the Legal Challenges Posed by Digital Currencies to Charities
V. Concluding Remarks – A Digital Future for Charities?
13. Social Housing – Charities and Vulnerable Groups
I. Introduction
II. Understanding Charities and Social Housing
III. Contemporary Challenges Facing Charities in Meeting Need in Social Housing for Vulnerable Groups
IV. Conclusions
14. Charity Law and Policy: Looking Forward
I. Researching the Regulatory State
II. Nonprofit Controversy within the Regulatory State
III. Problems of Size
IV. Hope for the Future?
Index