This course provides an intensive skill-building experience in legal research and drafting of rules and analyses regarding charitable nonprofit law. The client is the American Law Institute, an organization that describes itself as “the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.” Judges, practitioners, scholars, and others rely on ALI publications (and students study their work in the many cases they read in the first year).
In this case, the students will participate in drafting black letter, legal commentary, and supporting notes for the ALI’s Restatement of the Law of Charitable Nonprofit Organizations. (NB: this is not a simulation). Course meetings in the early part of the semester will be dedicated to learning nonprofit law and research methods. Later meetings will consist of presenting research and various drafts of project sections. In Spring 2016, it is likely that the focus of the course will be on enforcement issues such as the standing of private parties (e.g., donors) to enforce restrictions the use of charitable assets (e.g., gifts to charities).
Students will work in close collaboration with the instructors and other students on research. Students will have several opportunities to present their work to the group, which will be reviewed by the members of the ALI.
Students will be graded based on their research assignments, draft Restatement Commentary and Reporters’ Notes, and constructive participation in class (e.g., feedback offered to the others). The course will meet the SAW requirement. Students will be expect to work independently in managing their projects and group activities, and seek help from faculty when needed.