Reframing Our Understanding of Nonprofit Regulation Through the Use of the Institutional Analysis and Development Framework

Reframing Our Understanding of Nonprofit Regulation Through the Use of the Institutional Analysis and Development Framework PDF Author: Denise R. Vienne
Publisher:
ISBN:
Category : Corporate governence
Languages : en
Pages : 169

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Book Description
Regulation of the nonprofit sector is a subject of significant debate in the academic and professional literature. The debate raises questions about how to regulate the sector in a manner that addresses accountability while preserving the sector's unique role in society. Central to the debate is the role of self-regulation. The nonprofit sector is recognized and defended as a distinct third sector in society. Cultural norms and values differentiate the purpose of the sector from the governmental and commercial realms. The legal regime secures rights, establishes organizational structures, and provides tax benefits that enable, reinforce, and protect participation in nonprofit activities. Nevertheless, government regulation is thought to be antithetical to sector autonomy, as well as an obstacle to flexibility and innovation. Self-regulation protects the sector's political independence and its distinctiveness through the cultivation of shared norms, standards, and processes for ethical practices. Although self-regulation is considered to be consistent with the autonomous nature of the sector, it is also criticized as a weaker form of regulation. The ability to address regulatory issues expressed in the broader debate is limited by how we frame nonprofit regulation. The problem with advancing our understanding of self-regulation has to do with how we conceptualize nonprofit regulation. Government and self-regulation are conceptualized and studied as distinct options for regulating the sector. Missing in the nonprofit scholarship is a theoretical framework capable of reframing nonprofit regulation as a system of governance that depends on self-regulation. This represents a glaring gap in the research. Neglecting the institutional context that explains the structure and functioning of the nonprofit sector has led to an oversimplification of nonprofit governance. To study the effects of self-regulation on the functioning of the sector, I argue that we must first frame what is relevant about how the nonprofit sector is governed. The Institutional Analysis and Development (IAD) Framework outlines a systematic approach for analyzing institutions that govern collective endeavors. The objective of this dissertation is to introduce the IAD as an approach for examining self-regulation not as an alternative to government regulation but as an important part of nonprofit governance.

Reframing Our Understanding of Nonprofit Regulation Through the Use of the Institutional Analysis and Development Framework

Reframing Our Understanding of Nonprofit Regulation Through the Use of the Institutional Analysis and Development Framework PDF Author: Denise R. Vienne
Publisher:
ISBN:
Category : Corporate governence
Languages : en
Pages : 169

Get Book Here

Book Description
Regulation of the nonprofit sector is a subject of significant debate in the academic and professional literature. The debate raises questions about how to regulate the sector in a manner that addresses accountability while preserving the sector's unique role in society. Central to the debate is the role of self-regulation. The nonprofit sector is recognized and defended as a distinct third sector in society. Cultural norms and values differentiate the purpose of the sector from the governmental and commercial realms. The legal regime secures rights, establishes organizational structures, and provides tax benefits that enable, reinforce, and protect participation in nonprofit activities. Nevertheless, government regulation is thought to be antithetical to sector autonomy, as well as an obstacle to flexibility and innovation. Self-regulation protects the sector's political independence and its distinctiveness through the cultivation of shared norms, standards, and processes for ethical practices. Although self-regulation is considered to be consistent with the autonomous nature of the sector, it is also criticized as a weaker form of regulation. The ability to address regulatory issues expressed in the broader debate is limited by how we frame nonprofit regulation. The problem with advancing our understanding of self-regulation has to do with how we conceptualize nonprofit regulation. Government and self-regulation are conceptualized and studied as distinct options for regulating the sector. Missing in the nonprofit scholarship is a theoretical framework capable of reframing nonprofit regulation as a system of governance that depends on self-regulation. This represents a glaring gap in the research. Neglecting the institutional context that explains the structure and functioning of the nonprofit sector has led to an oversimplification of nonprofit governance. To study the effects of self-regulation on the functioning of the sector, I argue that we must first frame what is relevant about how the nonprofit sector is governed. The Institutional Analysis and Development (IAD) Framework outlines a systematic approach for analyzing institutions that govern collective endeavors. The objective of this dissertation is to introduce the IAD as an approach for examining self-regulation not as an alternative to government regulation but as an important part of nonprofit governance.

Governance as Leadership

Governance as Leadership PDF Author: Richard P. Chait
Publisher: John Wiley & Sons
ISBN: 1118045912
Category : Business & Economics
Languages : en
Pages : 210

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Book Description
A new framework for helping nonprofit organizations maximize the effectiveness of their boards. Written by noted consultants and researchers attuned to the needs of practitioners, Governance as Leadership redefines nonprofit governance. It provides a powerful framework for a new covenant between trustees and executives: more macrogovernance in exchange for less micromanagement. Informed by theories that have transformed the practice of organizational leadership, this book sheds new light on the traditional fiduciary and strategic work of the board and introduces a critical third dimension of effective trusteeship: generative governance. It serves boards as both a resource of fresh approaches to familiar territory and a lucid guide to important new territory, and provides a road map that leads nonprofit trustees and executives to governance as leadership. Governance as Leadership was developed in collaboration with BoardSource, the premier resource for practical information, tools and best practices, training, and leadership development for board members of nonprofit organizations. Through its highly acclaimed programs and services, BoardSource enables organizations to fulfill their missions by helping build effective nonprofit boards and offering credible support in solving tough problems. For the latest in nonprofit governance, visit www.boardsource.org, or call us at 1-800-883-6262.

Regulatory Waves

Regulatory Waves PDF Author: Oonagh B. Breen
Publisher: Cambridge University Press
ISBN: 1107166853
Category : Law
Languages : en
Pages : 263

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Book Description
An analysis of the features of both governmental regulation of non-profit organizations and self-regulation by non-profit sectors themselves.

Voluntary Regulation of NGOs and Nonprofits

Voluntary Regulation of NGOs and Nonprofits PDF Author: Mary Kay Gugerty
Publisher: Cambridge University Press
ISBN: 1139491016
Category : Political Science
Languages : en
Pages :

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Book Description
How can nonprofit organizations and NGOs demonstrate accountability to stakeholders and show that they are using funds appropriately and delivering on their promises? Many nonprofit stakeholders, including funders and regulators, have few opportunities to observe nonprofit internal management and policies. Such information deficits make it difficult for 'principals' to differentiate credible nonprofits from less credible ones. This volume examines a key instrument employed by nonprofits to respond to these challenges: voluntary accountability clubs. These clubs are voluntary, rule-based governance systems created and sponsored by nongovernmental actors. By participating in accountability clubs, nonprofits agree to abide by certain rules regarding internal governance in order to send a signal of quality to key principals. Nonprofit voluntary programs are relatively new but are spreading rapidly across the globe. This book investigates how the emergence, design, and success of such initiatives vary across a range of sectors and institutional contexts in the United States, the Netherlands, Africa, and Central Europe.

Governing Nonprofit Organizations

Governing Nonprofit Organizations PDF Author: Marion R. Fremont-Smith
Publisher: Harvard University Press
ISBN: 9780674037298
Category : Business & Economics
Languages : en
Pages : 580

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Book Description
The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement. Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation. In this time of increased demand for corporate accountability, the need to strengthen regulation of nonprofits is obvious. Fremont-Smith addresses this need from a historical, legal, and organizational perspective. She combines summaries and analysis of the substantive legal rules governing the behavior of charitable officers, directors, and trustees with descriptions of the federal and state regulatory schemes designed to enforce these rules. Her unique and exhaustive historical survey of the law of nonprofit organizations provides a foundation for her analysis of the effectiveness of current law and proposals for its improvement.

Research Handbook on Nonprofit Governance

Research Handbook on Nonprofit Governance PDF Author: Donnelly-Cox, Gemma
Publisher: Edward Elgar Publishing
ISBN: 1788114914
Category : Business & Economics
Languages : en
Pages : 480

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Book Description
This multi-perspective Research Handbook provides a clear pathway through the nonprofit governance research field, pushing beyond the borders of current theory to expand and deepen the analytical framework for nonprofit governance. It offers an analysis of the basics including definitions, organizational forms and levels of governance, and takes a critical approach towards the normative and prescriptive tendencies in much of contemporary governance scholarship.

Non-profit Governance

Non-profit Governance PDF Author: Guillaume Plaisance
Publisher: Taylor & Francis
ISBN: 1040145779
Category : Business & Economics
Languages : en
Pages : 292

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Book Description
Non-profit Governance offers 12 perspectives and analytical frameworks to facilitate the development of governance in non-profit organisations (NPOs). In this sector, governance is all the more important because it is often voluntary. Organisations therefore need to be supported in their management, accountability, and strategy. International standards (in particular ISO 37000:2021, dedicated to the governance of organisations) propose key principles to ensure value creation around stakeholder engagement, leadership, risk governance, social responsibility, and organisational sustainability. This book proposes to explore and adapt these principles to the non-profit sector. To do this, the book focuses on four facets of governance: the controls it puts in place, the stakeholders it must listen to and manage, the performance it must monitor, and, finally, the people it must lead and mobilise. The book also highlights the interest of governance mechanisms and processes in developing effective performance, ethics in NPOs and responsible management. Each chapter therefore takes one or more of the principles of ISO 37000:2021 in the non-profit context and builds an analytical framework around them. These 12 frameworks can thus be used by the organisations themselves to develop their governance practices and by researchers who will find original approaches to incorporate into their studies.

Rethinking Institutional Analysis and Development

Rethinking Institutional Analysis and Development PDF Author: Vincent Ostrom
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 508

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Book Description


Trust But Verify? Voluntary Regulation Programs in the Nonprofit Sector

Trust But Verify? Voluntary Regulation Programs in the Nonprofit Sector PDF Author: Aseem Prakash
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This paper examines how information problems can cause agency slippages and lead to governance failures in nonprofits. Drawing on the principal-agent literature, we provide a theoretical account of an institutional mechanism, namely voluntary regulation programs, to mitigate such slippages. These programs seek to impose obligations on their participants regarding internal governance and use of resources. By joining these programs, nonprofits seek to differentiate themselves from nonparticipants and signal to their principals that they are deploying resources as per the organizational mandate. If principals are assured that agency slippages are lower in program participants, they may be more likely to provide participants with resources to deliver goods and services to their target populations. However, nonprofit regulatory programs are of variable quality and, in some cases, could be designed to obscure rather than reveal information. We outline an analytic framework to ex ante differentiate the credible clubs from the “charity washes.” A focus on the institutional architecture of these programs can help predicting their efficacy in reducing agency problems.

Nonprofit Governance

Nonprofit Governance PDF Author: Bruce R. Hopkins
Publisher: Wiley
ISBN: 047048618X
Category : Business & Economics
Languages : en
Pages : 432

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Book Description
A complete analysis of the law, practices, and trends of nonprofit governance from two of the nation's leading lawyers on the law of tax-exempt organizations Recent scandals in the charitable sector as well as the adoption of a myriad of nonprofit best practices and guidelines have created a need and demand for better governance of nonprofits. In Nonprofit Governance, renowned author Bruce R. Hopkins and his law partner, Virginia Gross, share their combined decades of legal expertise to provide a comprehensive, authoritative examination of the law, practices, and trends of nonprofit governance. In this comprehensive, one-stop resource, Hopkins and Gross deftly summarize the law that exists and explain and evaluate the many good governance principles that have been promulgated. Nonprofit Governance helps leaders and managers of nonprofit organizations, and their lawyers, accountants, and advisors, to: Understand the legal backdrop for nonprofit governance Sift through the numerous good governance principles and guidelines Select the ones that most appropriately apply to their particular organization Devise suitable policies and procedures Improve their operations and effectiveness Undertake a comprehensive governance legal audit Be in a position to file Forms 990 that cast them in the best possible light regarding nonprofit governance Nonprofit Governance is a must-read for anyone facing good governance decisions in a nonprofit organization and is lost in the maze of conflicting principles, ever-increasing policies and procedures, murky law, and the intensity of the IRS in insisting on adoption of various principles in the absence of legal requirements for them.