This book, the fifth edition of The Law of Fundraising, is the culmination of an
effort that began over 33 years ago to capture the essence of this body of law in
one volume. The book reflects what many in the fundraising profession already
painfully know: federal, state, and local regulation of fundraising just keeps
expanding. When the book originated, as Charity Under Siege: Government
Regulation of Fund-Raising (1980), it was less than an inch thick, yet it was
thought the siege was on even then. The first edition of The Law of Fund-Raising
(1991) (over 11/2 inches) encompassed far more law, as did the second edition
(1996) (over 21/2 inches). Thus, each of these books contains more elements of
law than its predecessor; there is no reason to believe this trend will be
changing. Four unfolding developments alone guarantee more government
regulation in the realm of fundraising: solicitations by means of the Internet, the
redesigned Form 990, privacy concerns, and the recent emphasis on governance.
Any lawyerwhose practice specialty is, like ours, tax, corporate, and other law
as it applies to charitable and other nonprofit organizations, cannot avoid
entanglement in the legal morass that constitutes federal, state, and local law
regulating fundraising by charities. The representation of charitable organizations
by the senior author started over 40 years ago (in 1969), and the lawof fundraising
has been a significant component of my practice almost from that beginning.