January 1-15, 2010

January 1, 2010 - January 15, 2010

Lead Stories

Federal Court Can’t Force State AG to Sue Foundation

Eleventh Amendment bars federal suits against state officials on basis of state law

Court Refuses to Permit Lease of Parkland to Hospital

City may not change use of land willed for use as public park “forever”

Employee May Proceed with Suit Against Volunteer Board President

Volunteer Protection Act is not basis to dismiss when volunteer fails to show action was not flagrant

Nonprofit Law YOU Want to Know

Issue Notes

To the Point

Is it legal for a charitable Humane Society to receive donations and use a staff vet to perform regular vet duties, such as surgeries, vaccines, etc. for the general public?

Is it legal for a charitable Humane Society to receive donations and use a staff vet to perform regular vet duties, such as surgeries, vaccines, etc. for the general public? Obviously, the Humane Society can charge reduced fees because of the donations. Is there something that protects a vet in a small business who is unable to compete with the reduced fees?

Lessons from Litigation

Nonprofit status doesn’t preclude economic damages

Fundraising counsel may proceed with challenge to registration law

Kids’ home does not “cease to exist” because of merger

Tax Matters

Sanctuary not exempt where hunters roam

Employment Law

Discrimination standard stricter under Rehab Act

FMLA permits waiver of right to court hearing

May Webinar

Getting Beyond a
Semi-Functional Board
Wednesday, May 14, 2025
1:30-3:00 PM ET

Do you have a rockstar board?

Or does it limp along listlessly performing the minimum necessary to keep the organization going? Pushed by the CEO because no one on the board wants to be responsible for leadership.

Most boards are somewhere in between. Functional perhaps, but not fully functional. More like what you would call semi-functional.

This webinar will help you get beyond a semi-functional board. By acting intentionally at every step of the governance process, you can improve your organization’s capacity, resilience and effectiveness.

Learn more and register

Nonprofit bylaw review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

Learn more

New Subscribers can have full access to the entire website and all editions for 3 months for only $17.95.

Subscribe Today

Here's what our readers say about Nonprofit Issues:
Thanks again for your excellent and helpful website - it's a wonderful resource for the non-profit community! --Stephanie H.

Thank you for your informative and keen advice on nonprofit matters. I believe it's a unique and concise place to get answers to this often wispy area called nonprofit. --Richard T.

SAY THAT AGAIN?

April 21, 2025

Those old enough to remember what it meant to say a story appeared “above the fold” on the front page of a newspaper may appreciate this story. People used to want to place stories above the fold because readers would at least glance at the story in the top half of the page that was visible when they picked up the paper before they looked at stuff that was below the fold and not immediately visible.

The printed version of the Philadelphia Inquirer had a four column picture and article about Pope Francis on the day after Easter that was written and printed before the Pope had died but seen by morning readers after his death had been widely reported. The fold divided the two-line headline so only the top line was visible. The top line said: “Pope meets Vance, then”

We can only imagine what readers were thinking before they flipped the page to read: “decries ‘the logic of fear’”

See our "Say That Again" collection

Special Report Available

Increasing Gender Diversity on the Boards of Nonprofit Eds and Meds: Why and How to Do It

This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
Download the full report free

YOUR ONE-STOP PLACE FOR NONPROFIT LAW YOU NEED TO KNOW

January 1-15, 2010