Rob Atkinson Jr. (Florida State University College of Law) has posted
Keeping Republics Republican (Texas Law Review, Vol. 88, No. 1, 2011) on SSRN. Here is the abstract:
Several months ago I told Brian Galle I had accepted the offer of Texas Law Review See Also to comment on his article, Keep Charity Charitable. He remarked, with his typically casual candor, “I’d have asked someone I disagree with more.” The title of Professor Galle’s article nicely identifies our common ground: he now believes, very much as I once believed, in the wisdom of keeping charity charitable and meeting a wide range of basic social needs through nonprofit or “third sector” organizations, as opposed to for-profit firms on the one hand and government agencies on the other. Professor Galle’s article addresses a position with which he and I both disagree: one that would cede a more-or-less large portion of the traditional field of charity to for-profit firms – in this particular dustup, those who favor “for-profit charity” over “charitable charity.”