States, Markets, and the Nonprofit Sector in South Asia: Judiciaries and the Struggle for Capital in Comparative Perspective

Article by Mark Sidel

This Article explores the increasing tendency of nonprofit organizations to seek capital for expansion of operations and their struggle with national authorities to be able to attract such capital. In the developing world, attracting foreign capital (through donations) and attracting capital through commercial operations of various kinds are important such methods, but each often brings nonprofits into contact with governmental authorities seeking to regulate capital access by the nonprofit sector. And courts are often called upon to decide these complex and weighty disputes.

This Article explores these conflicts in the context of South Asia and of two important cases, one involving the prominent Calcutta nonprofit Calcutta Rescue, the other involving the large Bangladeshi organization BRAC, in which prominent nonprofits sought access to donative and commercial capital.


About the Author

Mark Sidel. Associate Professor of Law, University of Iowa College of Law; Research Scholar, Obermann Center for Advanced Studies, University of Iowa.

Citation

78 Tul. L. Rev. 1611 (2004)