John E. Tyler III

John E. Tyler III
Ewing Marion Kauffman Foundation · Legal/Senior Leadership

University of Notre Dame, B.A. and J.D.

About

35
Publications
2,548
Reads
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119
Citations
Additional affiliations
April 2017 - present
Columbia University
Position
  • Lecturer
Description
  • Design and teach two courses: one on foundations and another on social purpose businesses
August 2000 - May 2009
Rockhurst University
Position
  • Professor (Associate)
Description
  • Taught upper class commercial/business law course during fall semesters
Education
August 1986 - May 1989
August 1982 - May 1986

Publications

Publications (35)
Chapter
Full-text available
There are numerous opportunities for policy interventions to clarify, enable, or perhaps even inhibit social entrepreneurship. As one example, consider the emergence and expansive growth of available social business forms, particularly of the benefit corporation, which substantially modified traditional conceptions of fiduciary duties perhaps to th...
Article
The article contends that entrepreneurship and philanthropy have much more in common than money. Entrepreneurship and certain approaches to philanthropy share perspectives on opportunity recognition and risk taking. More importantly, however, America’s entrepreneurial and philanthropic experiences are both made possible by and exemplars or demonstr...
Chapter
Social enterprises (SE) emerge where there are opportunities to find new ways to balance otherwise competing interests and to achieve social purposes in ways that are better than and distinct from traditional approaches. Understanding whether the zoo and its elements are achieving these purposes, making progress, or causing harm is complicated and...
Article
Numerous programmatic, practical, and legal issues confront nonprofit organizations and their counsel when pursuing public-private partnerships. For charitable nonprofits and their lawyers, legal analyses uniquely begin with how collaborations facilitate pursuit of charitable purposes and avoiding impermissible private benefit. At least three sets...
Article
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Opinions about the Bayh-Dole Act of 1980 and its implementation by US universities can depend on whether one views the Act as a series of tactics that are ends in themselves or as a policy declaration designed to protect the public against nonuse of taxpayer-funded discoveries and encourage their commercialization, utilization, and public availabil...
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This article identifies ten ways to think different and differently about detailed terms by which investment capital is provided and put to use in furtherance of targeted social/charitable purposes, outcomes, and results. The article has particular, but not exclusive, application for entrepreneurs and investors who provide and facilitate the flow o...
Article
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There is a heightened lack of clarity and understanding about the new U.S. business forms both in terms of theory and practice, especially with regard to relative priorities of social good (or the absence thereof), decision-making, and meaningful accountability thereto (or the lack thereof). As a likely result, investors, entrepreneurs, and their r...
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Some businesses are far more vulnerable than others, and many will be unable to withstand the pandemic. Startup small businesses are especially fragile. Nearly half of small businesses have little more than two weeks, and often less, of cash liquidity. Those based in low-income areas tend to have half that. And that was when the economy was soaring...
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For more than ten years, Prof. Rob Reich has lamented that foundations have been allowed to be “subsidized,” unaccountable, opaque, and powerful -- as he and others conceive of foundations and their environment. This lament is presented in his recent book, which positions its purposes on five pillars: (1) philanthropy is repugnant to democracy as...
Article
This Viewpoint essay outlines key considerations for research on entrepreneurship, and for social business entrepreneurship specifically, considering the wide range of forms and essentially heterogeneous nature of this broad set of businesses. Themes related to practical research and key questions are outlined, along with considerations for researc...
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In the cult classic The Princess Bride, the character Inigo Montoya takes issue with another character’s persistent declarations of certain events as “inconceivable.” “You keep using that word,” Inigo observes. “I do not think it means what you think it means.” I’ve begun to wonder whether Inigo’s observation similarly applies to ways in which the...
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Certain provisions of the Tax Cuts and Jobs Act of 2017 undermine the very notion of being tax “exempt” while at the same time eroding the charitable sector’s fundamental character in service to our nation and its core principles. Both conclusions follow from the Act obfuscating what should seem obvious: charitable organizations and businesses are...
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Organizations and people from within the charitable sector are increasingly engaging in historically non-traditional activities and with other than 501(c)(3) organizations in their efforts to generate revenue and investment/donations and to more aggressively pursue their charitable mission objectives. Examples include ventures with or from other th...
Article
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Demand and opportunities for combining pursuit of profit and social, green impact are increasing. The public sector and both aspects of the private sector -- for-profit business and tax exempt, charitable enterprises – are interested in doing more and better. That includes both sectors seeking to leverage the benefits of what each can bring to an e...
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This article discusses how for-profits, 501(c)(3) organizations, and the current fleet of hybrid forms generally approach priorities of purpose and accountability for pursuing those priorities, particularly their conceptions of social good. That analysis exposes gaps and ambiguities in available forms for those wanting to prioritize social purposes...
Chapter
This chapter demonstrates that social business models do not meaningfully prioritize or impose accountability to "social good" over other purposes in ways that (a) best protect against owners changing their minds or entry of new owners with different priorities and (b) enable reliable accountability over time and across circumstances. This chapter...
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In POLICY PATRONS: PHILANTHROPY, EDUCATION REFORM, AND THE POLITICS OF INFLUENCE, Prof. Megan Tompkins-Stange purports to delve into the inner sanctum of four large U.S. foundations – Gates, Broad, Ford, and Kellogg -- and then compare the first two with the latter two in how they engage or fail to engage democracy in their respective missions to i...
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Since 2008 approximately half of the states in the U.S. have enacted statutes permitting “hybrid” business forms that blend aspects of traditional for-profit ventures with characteristics normally associated with traditional non-profit entities. This article analyzes theoretical, academic, practical, legal, and regulatory questions regarding the ex...
Chapter
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The chapter focuses on how core principles in America’s Declaration of Independence and the Constitution have shaped opportunity recognition and risk taking characteristics shared by entrepreneurs and certain approaches to philanthropy. Of particular focus are principles that relate to the “pursuit of happiness” and “blessings of liberty.” The chap...
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One of the principle motivating forces driving the creation, expansion, and use of new formal hybrid business structures is a desire among entrepreneurs, investors/funders, and policymakers to dedicate financial capital and other resources to areas of society that might not be as clearly or easily pursued under traditional forms. People are seeing...
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This book explores how degrees of transparency in philanthropy currently fit with accountability under existing federal law, including applications of quid pro quo economic benefit arguments and stakeholder "rights" theories. The book also analyzes and ultimately rejects the most commonly asserted calls for changing the law to mandate more transpar...
Article
This report addresses a deceptively simple question: How can the productivity of American health care be substantially improved? Productivity, in lay terms, is the ratio of output to inputs. A more colloquial rendition of the question might be: how can we get a lot more bang for our health care buck?By design, we have brought together a varied asso...
Book
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Under the traditional, limited relationship between philanthropy and government, voluntary organizations fulfill a critical role in realizing the promise of American pluralism. A fundamental change in this relationship could jeopardize the balance that voluntary organizations provide to our civil society. Such an alteration in the role of voluntar...
Article
The United States economy is struggling to recover from its worst economic downturn since the Great Depression. After several huge doses of conventional macroeconomic stimulus - deficit-spending and monetary stimulus - policymakers are understandably eager to find innovative no-cost ways of sustaining growth both in the short and long runs. In resp...
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Highly skilled immigrants to the United States (HSIs), particularly those with graduate degrees in science, engineering, technology, and math (STEM) fields, have helped catalyze innovation, economic growth, jobs, wealth, and advances in human welfare. America has been attractive to HSIs and other innovators at least in part because of its fundament...
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Highly skilled immigrants to the United States (“HSIs”) have helped catalyze American economic growth and advances in human welfare by generating knowledge and innovations that have spawned new products, services, systems, jobs, and wealth. A number of studies document that HSIs are disproportionately innovative. Similarly, HSIs are more likely to...
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The low profit limited liability company (“L3C”) is a new business form that unites pursuing charitable, exempt purposes and generating and distributing profits. The L3C is a creature of state statute appended to the limited liability company form that adapts standards from the law applied to private foundations called program related investments (...
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Proper adoption and use of the L3C as legislation and a form of choice in the right circumstances depend on appropriate understanding of its features. Unfortunately but not surprisingly given the newness of the form, misunderstanding of certain of the L3C’s core features has inhibited its broader adoption and use. This essay is an attempt, within l...
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Recent years have seen a disturbing increase in legal proposals by the public and government officials to interfere with the governance, missions, strategies, and decision-making of foundations and other charities. Underlying much of these debates is the premise – stated or merely presumed – that foundation and charity assets are “public money” and...
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In recent years we have increasingly heard the claim that government should have a bigger role in directing philanthropies and their assets because the money held by charities is “public money.” This monograph presents a comprehensive analysis of the public money claim and concludes, on the basis of the numerous applicable legal precedents, that th...
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A significant volume of university research stagnates in laboratories, on shelves, and in obscurity. Many of these deserve life as later stages of research, advancing human welfare, and spurring economic growth as mandated by federal policy under the Bayh-Dole Act of 1980. Even considering the success stories, when measured against potential, much...

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