Publication Date
6-2007
Document Type
Article
Abstract
In this article, I contend that these Sarbanes-Oxley-inspired, state, nonprofit reforms, particularly the costly disclosure requirements, will be of little value in the effort to improve ethical nonprofit board governance. The article proceeds as follows. Part II provides a primer on the oversight of nonprofit organizations. Part III reviews the recent Sarbanes-Oxley-like nonprofit reforms introduced in seven states. Part IV contends that the disclosure-focused reforms, which form the bulwark of these acts, will not foster ethical nonprofit board governance. Part V argues that this failure stems from the inappropriate application of a stockholder-based, normative perspective in the nonprofit sector. The article concludes by noting that appropriating a normative construct more tailored to the nonprofit community, namely stakeholder theory, is essential to drafting effective nonprofit sector reforms in the future.
Publication Title
Michigan Law Review
Volume
105
Issue
8
Recommended Citation
Lumen N. Mulligan,
What's Good for the Goose is Not Good for the Gander: Sarbanes-Oxley-Style Nonprofit Reforms,
105
Michigan Law Review
1981
(2007).
Available at:
https://irlaw.umkc.edu/faculty_works/768
Included in
Administrative Law Commons, Business Organizations Law Commons, Securities Law Commons, Taxation-Federal Commons, Tax Law Commons