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James J. Fishman, Emeriti Professor, at the Elisabeth Haub School of Law

James J. Fishman

Professor of Law Emeritus
Elisabeth Haub School of Law
Contracts
Corporate and Business Law

James J. Fishman

White Plains
Preston Hall 207
Administrative Assistant
Judy Jaeger

Biography

James J. Fishman is a Professor of Law Emeritus at Haub Law. He served as James D. Hopkins Chair in Law during the 1997鶹ý1999 academic years. He has been the executive director of two nonprofit organizations, the Council of New York Law Associates (since renamed The Lawyers Alliance for New York) and Volunteer Lawyers for the Arts.

Professor Fishman is the author of The Transformation of Threadneedle Street, a study of the deregulation of the U.K.鶹ýs securities markets, and The Faithless Fiduciary, a history of the enduring problem of opportunistic behavior by charitable fiduciaries, and the inability to create an effective system of oversight or accountability for charitable assets. He is coauthor (with Karen Alinauskas, Victoria B. Bjorklund and Daniel L. Kurtz) of New York Nonprofit Law and Practice with Tax Analysis (LexisNexis 3rd ed. 2014 with annual supplement), and Cases and Materials on Nonprofit Organizations (with Stephen Schwarz and Lloyd Hitoshi Mayer), (Foundation Press, 6th ed. 2021 with annual supplement.). He has written law review articles on nonprofit law, education, and international securities regulation. He serves on the boards of the Lotos Foundation, the NY Common Pantry, and the Trollope Society (USA).

Professor Fishman received bachelors鶹ý and master's degrees from the University of Pennsylvania, and JD and PhD degrees from New York University.

Education

  • AB, University of Pennsylvania
  • AM, University of Pennsylvania
  • JD, New York University School of Law
  • PhD, New York University

Selected Publications

  • A Random Stroll Amongst Anthony Trollope鶹ýs Lawyers, 11 British Journal of American Legal Studies, Issue 1 Spring 2022
  • The Private Foundation Rules at Fifty: How Did We Get Them and Do They Meet Current Needs? Pittsburgh Tax Rev. 2020
  • How Big Is Too Big: Should Certain Educational Endowments鶹ý Net Investment Income Be Subject to Tax? 28 Cornell J. of Law & Public Policy 159 (2019)
  • Rethinking Riley: Applying Intermediate Scrutiny and Commensurate Standards to Judicial Evaluation of Regulation of Charitable Solicitation, 25 George Mason Law Review 471 (2018)
  • Who Can Regulate Fraudulent Charitable Solicitation, 13 Pitt. Tax Rev. 1 2015
  • What Went Wrong: Prudent Management of Endowment Funds and Imprudent Endowment Investing Policies, 40 J. College & University Law 199 (2014)
  • The Federalization of Nonprofit Regulation and Its Discontents, 99 Kentucky Law Review 799 (2011)
  • Stealth Preemption: The IRS鶹ýs Corporate Governance Initiative, 29 Va. Tax Rev. 101 (2010)
  • 鶹ýA Survey of Private Corporate, Trust and Tax Law in the United States Relating To Nonprofit Organizations,鶹ý in Comparative Corporate Governance of Non-Profit Organizations, Von Hippel ed. (Cambridge Univ. Press) 2010
  • Wrong Way Corrigan and Recent Developments in Nonprofit Landscape: A Need for New Legal Approaches, 76 Fordham Law Review 567 (2007)
  • Charitable Accountability and Reform in Nineteenth Century England: The Case of the Charity Commission, 80 Chicago-Kent Law Review 101 (2005)
  • Charity Scandal as a Catalyst of Literary Imagination and Legal Change in Nineteenth Century England, Michigan State Law Review 1 (2005)

Honors & Awards

  • Outstanding Academic Award for 鶹ýdistinguished academic achievement contributing to the nonprofit sector through scholarly work.鶹ý 2010

Areas of Interest

Nonprofit Law, Education Law, International Securities Regulation

Related News and Stories

In the Media

Law Professor James Fishman speaks to Courthouse News about the prolonged legal battle between the National Rifle Association and New York Attorney General Letitia James.

In the Media

Haub Law Professor James Fishman discusses aspects of the big NRA legal case in New York.

Despite his resignation, 鶹ýLaPierre will still be the center of attention during the trial and his excesses will be front and center,鶹ý 鶹ý law professor James Fishman said.

In the Media

Professor James Fishman speaks with Courthouse News Service about NRA facing an 鶹ýexistential鶹ý New York trial that threatens its future.

Many experts, like 鶹ý law professor James Fishman, are shocked that the NRA allowed the lawsuit to get this far. 鶹ýUsually what happens is, if an organization is approached by the attorney general who says 鶹ýyou are doing wrong,鶹ý they will do whatever they can to settle before trial,鶹ý Fishman said in an interview. 鶹ýBecause it鶹ýs disastrous for the organization. Some organizations never recover from it.鶹ý