NONPROFIT & PHILANTHROPY LAW eJOURNAL

"Sharia, Charity, and Minjian Autonomy in Muslim China: Gift Giving in a Plural World" Free Download
American Ethnologist 43(2): 311-423 (2016)

MATTHEW S. ERIE, Oriental Institute, University of Oxford, Centre for Socio-Legal Studies, University of Oxford
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In Marcel Mauss's analysis, the gift exists in the context of a homogenous system of values. But in fact, different types of normative systems can inhabit the same social field. This is the case among Hui, the largest Muslim minority group in China, for whom the “freedom? of the gift resides in the giver's capacity to follow the rules underlying gifting, in this case, the rules of sharia. I call this capacity “minjian (unofficial, popular) autonomy.? Hui follow sharia in pursuit of a good life, but their practices are also informed by mainstream Han Chinese gift practices and by the anxieties of the security state. In their gifting practices, Hui thus endeavor to reconcile the demands of Islamic, postsocialist, and gift economies.

"Reevaluating the Role of Acquisition-Based Strategies in the Greater Historic Preservation Movement" Free Download
Virginia Environmental Law Journal, Vol. 34, No. 399, 2016

JESS R. PHELPS, USDA
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Historic preservation and land conservation advocates have traditionally had similar goals, organizational structures, and even somewhat comingled histories when it comes to their efforts to protect the built and natural environment. Despite these striking similarities, a meaningful gap in practice has developed as to how the disciplines approach their respective resource challenges. Land conservation groups largely default to acquisition-based strategies in order to ensure the perpetual protection of targeted conservation tracts – most commonly through the use of conservation easements. Historic preservation advocates, however, are much less likely to rely on acquisition – relying instead on regulatory controls, site-specific advocacy, and incentive payments. This Article explores the explanations for this divergence – institutional, structural, and financial. Ultimately, understanding the roots of how the land conservation and historic preservation movements have come to approach their work so differently can provide meaningful insight into both fields and provide a lens for exploring, in particular, the comparatively limited role that affirmative resource protection efforts play in modern preservation practice.

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About this eJournal

This eJournal distributes working and accepted paper abstracts in the fields of nonprofit law and policy, philanthropy law and policy and related areas of scholarship. Thus, drafts and articles that concern nonprofit corporations, charities, charitable corporations, charitable organizations, charitable donations, charitable foundations, charitable fundraising, charitable solicitation, charitable trusts, philanthropy, private foundations, nongovernmental organizations, tax-exempt organizations, tax-exempt corporations, private clubs, membership clubs and similar topics are appropriate for this journal.

Editor: David A. Brennen, University of Kentucky

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LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

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Advisory Board

Nonprofit & Philanthropy Law eJournal

ELLEN P. APRILL
John E. Anderson Professor of Tax Law, Associate Dean for Academic Programs, Loyola Law School Los Angeles

EVELYN BRODY
Professor of Law, Chicago-Kent College of Law

JOHN DAVID COLOMBO
Albert E. Jenner, Jr. Professor of Law, University of Illinois College of Law

HARVEY P. DALE
University Professor of Philanthropy and the Law, Director - National Center on Philanthropy and the Law, New York University School of Law

DARRYLL K. JONES
Professor of Law, Stetson University College of Law

BEVERLY I. MORAN
Professor of Law and Sociology, Vanderbilt University - Law School

STEPHEN SCHWARZ
Professor of Law Emeritus, University of California, Hastings College of the Law

STEVEN J. WILLIS
Professor of Law, University of Florida - Levin College of Law