Wendell Bird

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Wendell Bird is an American legal historian, and formerly practiced law (nonprofit organizations and litigation).

Contents

He is the author of four books on freedoms of speech and press: Press and Speech Under Assault (Oxford University Press 2016), [1] Criminal Dissent: Prosecutions under the Alien and Sedition Acts (Harvard University Press 2020), [2] The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox's Libel Act (Oxford University Press 2020), [3] and of Religious Speech and the Quest for Freedoms (Cambridge University Press 2023). [4] He has also published legal history chapters and articles. [5] He earned his D.Phil. in legal history at University of Oxford, [6] and his J.D. from Yale Law School. [7] He is a visiting scholar at Emory University School of Law. [8]

Nonprofit organization law

He has published three tax chapters and more than 20 articles on the laws affecting nonprofit organizations and charitable giving. [9] He has been an annual faculty member of the Washington Non-Profit Legal & Tax Conference for over 30 years, [10] and is a member of the Board of Advisors of the RIA Thomson Reuters publication, Taxation of Exempts. [11] He has been a member of the Board of Advisors of New York University School of Law's National Center on Philanthropy and the Law. [12]

Litigation

In litigation Bird primarily represented securities claims, such as a suit against Merrill Lynch and its Focus Twenty Fund, [13] or a suit against TH Lee Putnam Ventures and Merrill Lynch, [14] both of which resulted in favorable decisions; and charitable fraud and diversion claims, such as a suit on behalf of the M. L. Simpson Foundation. [15] [16] In 2004, Bird represented APA Excelsior III (owned by predecessor to APAX Partners) and other large Wall Street private equity funds (managed by APAX Partners) in a federal court lawsuit alleging securities law violations in connection with a sale to Healthfield Holdings, Inc. [17] [18]

In 2000-2002, he represented the Bengard Group in a trial and appeal involving sale of a business, winning in excess of $44 million. [19]

In the early 1980s, Bird worked for an Atlanta law firm, and also served as a special assistant attorney general for the State of Louisiana, for which he argued Edwards v. Aguillard to the U.S. Supreme Court. [20]

Other

Bird graduated from Vanderbilt University (B.A., summa cum laude). [21] While at Yale Law School, he served on the Yale Law Journal Board of Editors, [22] and received the Egger Prize of Yale Law School.

He is a member of the American Society for Legal History and of the Society for Historians of the Early Republic. He is also a member of the American Law Institute, [23] a fellow of the American Bar Foundation, [24] and was co-chair of the American Bar Association Subcommittee on Charitable Contributions for nearly 20 years. [21] He is listed in Who's Who in America (1995–present) and Who's Who in the World (1995–present). [21]

Nonprofit organization law chapters and articles

Related Research Articles

<span class="mw-page-title-main">Alien and Sedition Acts</span> 1798 U.S. laws restricting immigration and outlawing criticism of the government

The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States. The Naturalization Act increased the requirements to seek citizenship, the Alien Friends Act allowed the president to imprison and deport non-citizens, the Alien Enemies Act gave the president additional powers to detain non-citizens during times of war, and the Sedition Act criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act is still in effect.

Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught. The constitutionality of the law was successfully challenged in District Court, Aguillard v. Treen, 634 F. Supp. 426, and the United States Court of Appeals for the Fifth Circuit affirmed, Aguillard v. Edwards, 765 F.2d 1251. The United States Supreme Court ruled that this law violated the Establishment Clause of the First Amendment because the law was specifically intended to advance a particular religion. In its decision, the court opined that "teaching a variety of scientific theories about the origins of humankind to school children might be validly done with the clear secular intent of enhancing the effectiveness of science instruction."

<span class="mw-page-title-main">Charitable trust</span> Irrevocable trust established for charitable purposes

A charitable trust is an irrevocable trust established for charitable purposes. In some jurisdictions, it is a more specific term than "charitable organization". A charitable trust enjoys varying degrees of tax benefits in most countries and also generates goodwill. Some important terminology in charitable trusts includes the term "corpus", referring to the assets with which the trust is funded, and the term "donor," which is the person donating assets to a charity.

<span class="mw-page-title-main">Ronald Dworkin</span> American legal philosopher (1931–2013)

Ronald Myles Dworkin was an American legal philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H. L. A. Hart.

<span class="mw-page-title-main">Oliver Wendell Holmes Jr.</span> US Supreme Court justice from 1902 to 1932

Oliver Wendell Holmes Jr. was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932. Holmes is one of the most widely cited Supreme Court justices and among the most influential American judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice on the Supreme Court. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law School. His positions, distinctive personality, and writing style made him a popular figure, especially with American progressives.

<span class="mw-page-title-main">Cass Sunstein</span> American legal scholar, writer, blogger (born 1954)

Cass Robert Sunstein is an American legal scholar known for his work in constitutional law, administrative law, environmental law, and behavioral economics. He is also The New York Times best-selling author of The World According to Star Wars (2016) and Nudge (2008). He was the administrator of the White House Office of Information and Regulatory Affairs in the Obama administration from 2009 to 2012.

Abrams v. United States, 250 U.S. 616 (1919), was a decision by the Supreme Court of the United States upholding the criminal arrests of several defendants under the Sedition Act of 1918, which was an amendment to the Espionage Act of 1917. The law made it a criminal offense to criticize the production of war materiel with intent to hinder the progress of American military efforts.

<span class="mw-page-title-main">Charitable organization</span> Nonprofit organization with charitable purpose

A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being.

United States non-profit laws relate to taxation, the special problems of an organization which does not have profit as its primary motivation, and prevention of charitable fraud. Some non-profit organizations can broadly be described as "charities" — like the American Red Cross. Some are strictly for the private benefit of the members — like country clubs, or condominium associations. Others fall somewhere in between — like labor unions, chambers of commerce, or cooperative electric companies. Each presents unique legal issues.

Seditious libel is a criminal offence under common law of printing written material with seditious purpose – that is, the purpose of bringing contempt upon a political authority. It remains an offence in Canada but has been abolished in England and Wales.

Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution.

A 501(c)(3) organization is a United States corporation, trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of the 29 types of 501(c) nonprofit organizations in the US.

<span class="mw-page-title-main">Zechariah Chafee</span> American lawyer (1885–1957)

Zechariah Chafee Jr. was an American judicial philosopher and civil rights advocate, described as "possibly the most important First Amendment scholar of the first half of the twentieth century" by Richard Primus. Chafee's avid defense of freedom of speech led to Senator Joseph McCarthy calling him "dangerous" to America.

<span class="mw-page-title-main">Private foundation</span> Type of charitable organization

A private foundation is a tax-exempt organization that does not rely on broad public support and generally claims to serve humanitarian purposes.

Unrelated Business Income Tax (UBIT) in the U.S. Internal Revenue Code is the tax on unrelated business income, which comes from an activity engaged in by a tax-exempt 26 U.S.C. 501 organization that is not related to the tax-exempt purpose of that organization.

<span class="mw-page-title-main">Scientology status by country</span> Legal status of Scientology

Recognition of Scientology and the Church of Scientology varies from country to country with respect to state recognition for religious status, charitable status, or tax exempt status. Decisions are contingent upon the legal constructs of each individual country, and results are not uniform worldwide. For example, the absence of a clear definition for 'religion' or 'religious worship' has resulted in unresolved and uncertain status for Scientology in some countries.

An association of churches is primarily a term used in U.S. tax law to describe a cooperative endeavor among churches that is entitled to tax status similar or identical to the tax status of the churches themselves.

<span class="mw-page-title-main">Louis Brandeis</span> US Supreme Court justice from 1916 to 1939

Louis Dembitz Brandeis was an American lawyer who served as an associate justice on the Supreme Court of the United States from 1916 to 1939.

The Johnson Amendment is a provision in the U.S. tax code, since 1964, that prohibits all 501(c)(3) non-profit organizations from endorsing or opposing political candidates. Section 501(c)(3) organizations are the most common type of nonprofit organization in the United States, ranging from charitable foundations to universities and churches. The amendment is named for then-Senator Lyndon B. Johnson of Texas, who introduced it in a preliminary draft of the law in July 1954.

<span class="mw-page-title-main">Taft Court</span> Period of the US Supreme Court from 1921 to 1930

The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when William Howard Taft served as Chief Justice of the United States. Taft succeeded Edward Douglass White as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point Charles Evans Hughes was nominated and confirmed as Taft's replacement. Taft was also the nation's 27th president (1909–13); he is the only person to serve as both President of the United States and Chief Justice.

References

  1. Press and Speech Under Assault: The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent. Oxford University Press. February 4, 2016. ISBN   978-0-19-046162-1.
  2. Wendell Bird (January 7, 2020). Criminal Dissent. Harvard University Press. ISBN   9780674976139 . Retrieved April 11, 2023.
  3. The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox's Libel Act. Oxford, New York: Oxford University Press. February 28, 2020. ISBN   978-0-19-750919-7.
  4. Bird, Wendell (2023). Religious Speech and the Quest for Freedoms. Cambridge University Press. doi:10.1017/9781009090766. ISBN   9781009090766. S2CID   258147087.
  5. Bird, Wendell (2011). Freedoms of press and speech in the first decade of the U.S. Supreme Court (Thesis). Oxford Research Archive.
  6. "Bird". Lapham’s Quarterly. Retrieved March 5, 2024.
  7. "wbird - OpenEmory | Profile". open.library.emory.edu. Retrieved March 5, 2024.
  8. 1 2 3 4 5 6 7 8 9 "NCPL Database Search Results:Search "Wendell and Bird"". National Center on Philanthropy and the Law:NYU School of Law. 2009. Retrieved December 29, 2009.
  9. "46th Annual Washington Non-Profit Legal & Tax Conference Faculty". Washington Non-Profit Legal & Tax Conference. 2009. Retrieved December 29, 2009.
  10. "Taxation of Exempts". Thomson Reuters. 2009. Retrieved December 29, 2009.
  11. "Past Members of the Board of Advisors". July 2014.
  12. "In Re: Merrill Lynch & Co. v., 1:02-md-01484". CourtListener. Retrieved March 24, 2024.
  13. ""There Was a Discrepancy With Reality"". Dealbreaker. April 4, 2006. Retrieved March 24, 2024.
  14. "Ministry says $80M-plus trust is mismanaged". May 27, 2010. Retrieved April 5, 2012.
  15. Tracy, Tennille, Foundation Questions Value of TH Lee's Portfolio - WSJ , retrieved March 24, 2024
  16. "APA Excelsior III v. Windley, Venture Capital Litigation Reporter, Vol. 2, No. 10" (PDF). Page Mill Publishing. 2005. Retrieved December 29, 2009.
  17. "Excelsior v. Windley, 329 F. Supp. 2d 1328". Casetext Search + Citator. July 27, 2004. Retrieved March 24, 2024.
  18. "Orange County California Superior Court, Case No. 797567, Judgment of 1/29/01".
    - "Minutes 9/16/08, California State Board of Equalization:Bengard Group" (PDF). California Board of Equalization. 2008. Retrieved December 30, 2009.
    - "Partial List of Dispute Analysis and Expert Testimony". Mammoth Advisors. 2009. Retrieved December 30, 2009.
  19. "Edwards v. Aguillard, 482 U.S. 578" . Retrieved December 30, 2009.
  20. 1 2 3 4 5 6 "Mr. Wendell R Bird Profile | Atlanta, GA Lawyer | Martindale.com".
  21. "The Yale Law Journal" (PDF). November 1977. Retrieved November 15, 2010.
  22. "Member Directory:Search Term=Bird". American Law Institute. 2009. Retrieved December 29, 2009.
  23. "Welcome New Life Fellows - American Bar Foundation".
  24. "Archived copy" (PDF). Archived from the original (PDF) on July 26, 2015. Retrieved July 29, 2016.{{cite web}}: CS1 maint: archived copy as title (link)