{"title":"The Problematic Presumption of Board Confidentiality","authors":"Norman I. Silber","doi":"10.2139/SSRN.1743105","DOIUrl":null,"url":null,"abstract":"This talk explores several issues connected with a change from a legal presumption of transparency to one of confidentiality of board deliberations and work product, a change which is proposed by the draft Principles of the Law of Nonprofit Organizations. In addition to presenting historical and cultural claims, it offers a Coasean analytic model to demonstrate that under the most reasonable assumptions a presumption of transparency would be beneficial.","PeriodicalId":135383,"journal":{"name":"Nonprofit & Philanthropy Law eJournal","volume":"22 3 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2011-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Nonprofit & Philanthropy Law eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.1743105","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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Abstract
This talk explores several issues connected with a change from a legal presumption of transparency to one of confidentiality of board deliberations and work product, a change which is proposed by the draft Principles of the Law of Nonprofit Organizations. In addition to presenting historical and cultural claims, it offers a Coasean analytic model to demonstrate that under the most reasonable assumptions a presumption of transparency would be beneficial.
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