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Revisiting the Dartmouth Court Decision: Why the US has Private Nonprofit Agencies Instead of Public Non-Governmental Organizations (NGOs)

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  • Mordecai Lee

Abstract

In 1819, the US Supreme Court ruled in Dartmouth v. Woodward that Dartmouth College, even though originally chartered by government, was legally akin to a private corporation. This landmark decision was the founding legal document of what has become the American private nonprofit sector. While the decision has attained hagiographic status, this paper explores what the US nonprofit sector would look like if the Supreme Court had ruled the other way. Using alternate history and scenario writing as research methodologies, it highlights the invisible losses due to the decision and depicts what a public nonprofit sector would have looked like. Copyright Springer Science+Business Media, LLC 2007

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  • Mordecai Lee, 2007. "Revisiting the Dartmouth Court Decision: Why the US has Private Nonprofit Agencies Instead of Public Non-Governmental Organizations (NGOs)," Public Organization Review, Springer, vol. 7(2), pages 113-142, June.
    • Handle: RePEc:kap:porgrv:v:7:y:2007:i:2:p:113-142
    DOI: 10.1007/s11115-006-0025-9
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    1. repec:cup:apsrev:v:14:y:1920:i:02:p:286-291_01 is not listed on IDEAS
    2. repec:cup:apsrev:v:8:y:1914:i:04:p:614-621_01 is not listed on IDEAS
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    Cited by:

    1. Mead Joseph & Warren Katherine, 2016. "Quasi-Governmental Organizations at the Local Level: Publicly-Appointed Directors Leading Nonprofit Organizations," Nonprofit Policy Forum, De Gruyter, vol. 7(3), pages 289-309, September.

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