Wendell Bird is an American legal historian, and formerly practiced law (nonprofit organizations and litigation).

Legal history edit

He is the author of four books on freedoms of speech and press: Press and Speech Under Assault (Oxford University Press 2016),[1] Criminal Dissent: Prosecutions under the Alien and Sedition Acts (Harvard University Press 2020),[2] The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox's Libel Act (Oxford University Press 2020),[3] and of Religious Speech and the Quest for Freedoms (Cambridge University Press 2023).[4] He has also published legal history chapters and articles.[5] He earned his D.Phil. in legal history at University of Oxford,[6] and his J.D. from Yale Law School.[7] He is a visiting scholar at Emory University School of Law.[8]

Nonprofit organization law edit

He has published three tax chapters and more than 20 articles on the laws affecting nonprofit organizations and charitable giving.[9] He has been an annual faculty member of the Washington Non-Profit Legal & Tax Conference for over 30 years,[10] and is a member of the Board of Advisors of the RIA Thomson Reuters publication, Taxation of Exempts.[11] He has been a member of the Board of Advisors of New York University School of Law's National Center on Philanthropy and the Law.[12]

Litigation edit

In litigation Bird primarily represented securities claims, such as a suit against Merrill Lynch and its Focus Twenty Fund,[13] or a suit against TH Lee Putnam Ventures and Merrill Lynch,[14] both of which resulted in favorable decisions; and charitable fraud and diversion claims, such as a suit on behalf of the M. L. Simpson Foundation.[15][16] In 2004, Bird represented APA Excelsior III (owned by predecessor to APAX Partners) and other large Wall Street private equity funds (managed by APAX Partners) in a federal court lawsuit alleging securities law violations in connection with a sale to Healthfield Holdings, Inc.[17][18]

In 2000-2002, he represented the Bengard Group in a trial and appeal involving sale of a business, winning in excess of $44 million.[19]

In the early 1980s, Bird worked for an Atlanta law firm, and also served as a special assistant attorney general for the State of Louisiana, for which he argued Edwards v. Aguillard to the U.S. Supreme Court.[20]

Other edit

Bird graduated from Vanderbilt University (B.A., summa cum laude).[21] While at Yale Law School, he served on the Yale Law Journal Board of Editors,[22] and received the Egger Prize of Yale Law School.

He is a member of the American Society for Legal History and of the Society for Historians of the Early Republic. He is also a member of the American Law Institute,[23] a fellow of the American Bar Foundation,[24] and was co-chair of the American Bar Association Subcommittee on Charitable Contributions for nearly 20 years.[21] He is listed in Who's Who in America (1995–present) and Who's Who in the World (1995–present).[21]

Nonprofit organization law chapters and articles edit

  • Wendell R. Bird, "Religious Organizations and Tax Law," Federal and State Taxation of Exempt Organizations, Chapter 4, Warren Gorhan & Lamont Publishers, 1994.[21]
  • Wendell R. Bird & Russell Reach, "Unrelated Debt-Financed Income," 8 CCH's Federal Tax Service J: Chapter 6 (1995).[21]
  • Wendell R. Bird & Russell Reach, "Debt-Financed Income," Bender's Federal Tax Service J: Chapter 6 (1988).[21]
  • Wendell R. Bird, "No Relief But Much Red Tape for Charities and Foundation," 17 Taxation of Exempts 201 (2006).[9]
  • Wendell R. Bird, " IRS Offers Guidance on "Election Year Issues" for Exempt Organizations," 15 Taxation of Exempts 269 (2004).[9]
  • Wendell R. Bird, "Charitable Giving Techniques and Other Estate Techniques," Journal of Retirement Planning at 9 (Nov.-Dec. 2003).[25]
  • Wendell R. Bird, "The Shape of Charitable Gift Planning After 'Repeal' of the Federal Estate Tax," 14 Taxation of Exempts 114 (2002).[9]
  • Wendell R. Bird, "Political Activities and Exempt Organizations," 12 Journal of Taxation of Exempt Organizations 243 (2000).[9]
  • Wendell R. Bird, "Exempt Organizations Rules on Political Activities," 7 Journal of Tax Exempt Organizations 195, (1996). [31]
  • Wendell R. Bird & Harvey Koning III, "Exempt Organizations Face Sales and Use Taxes in the Aftermath of Quill," 6 Journal of Tax Exempt Organizations 16 (1994).[9]
  • Wendell R. Bird & Timothy W. Townsend, "Current Developments in the State and Local Taxation of Exempt Organizations", 4 Journal of Tax'n of Exempt Org. (WGL) 20 (1992).[9]
  • Wendell R. Bird & Timothy W. Townsend, "Sales Tax Relief Not Automatic for Tax-Exempt Entities," 2 Journal of Multistate Taxation 203 (1992).[9]
  • Wendell R. Bird & T.O. Kotouc, "Exempt Religious Organizations Have Strict Limits", 48 Taxation for Accountants 207 (1992).[9]

References edit

  1. ^ Press and Speech Under Assault: The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent. Oxford University Press. February 4, 2016. ISBN 978-0-19-046162-1.
  2. ^ Wendell Bird (January 7, 2020). Criminal Dissent. Harvard University Press. ISBN 9780674976139. Retrieved April 11, 2023.
  3. ^ The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox's Libel Act. Oxford, New York: Oxford University Press. February 28, 2020. ISBN 978-0-19-750919-7.
  4. ^ Bird, Wendell (2023). Religious Speech and the Quest for Freedoms. Cambridge University Press. doi:10.1017/9781009090766. ISBN 9781009090766. S2CID 258147087.
  5. ^
  6. ^ Bird, Wendell (2011). Freedoms of press and speech in the first decade of the U.S. Supreme Court (Thesis). Oxford Research Archive.
  7. ^ "Bird". Lapham’s Quarterly. Retrieved March 5, 2024.
  8. ^ "wbird - OpenEmory | Profile". open.library.emory.edu. Retrieved March 5, 2024.
  9. ^ a b c d e f g h i "NCPL Database Search Results:Search "Wendell and Bird"". National Center on Philanthropy and the Law:NYU School of Law. 2009. Retrieved December 29, 2009.
  10. ^ "46th Annual Washington Non-Profit Legal & Tax Conference Faculty". Washington Non-Profit Legal & Tax Conference. 2009. Retrieved December 29, 2009.
  11. ^ "Taxation of Exempts". Thomson Reuters. 2009. Retrieved December 29, 2009.
  12. ^ "Past Members of the Board of Advisors". July 2014.
  13. ^ "In Re: Merrill Lynch & Co. v., 1:02-md-01484". CourtListener. Retrieved March 24, 2024.
  14. ^ ""There Was a Discrepancy With Reality"". Dealbreaker. April 4, 2006. Retrieved March 24, 2024.
  15. ^ "Ministry says $80M-plus trust is mismanaged". May 27, 2010. Retrieved April 5, 2012.
  16. ^ Tracy, Tennille, Foundation Questions Value of TH Lee's Portfolio - WSJ, retrieved March 24, 2024
  17. ^ "APA Excelsior III v. Windley, Venture Capital Litigation Reporter, Vol. 2, No. 10" (PDF). Page Mill Publishing. 2005. Retrieved December 29, 2009.
  18. ^ "Excelsior v. Windley, 329 F. Supp. 2d 1328". Casetext Search + Citator. July 27, 2004. Retrieved March 24, 2024.
  19. ^ "Orange County California Superior Court, Case No. 797567, Judgment of 1/29/01".
    - "Minutes 9/16/08, California State Board of Equalization:Bengard Group" (PDF). California Board of Equalization. 2008. Retrieved December 30, 2009.
    - "Partial List of Dispute Analysis and Expert Testimony". Mammoth Advisors. 2009. Retrieved December 30, 2009.
  20. ^ "Edwards v. Aguillard, 482 U.S. 578". Retrieved December 30, 2009.
  21. ^ a b c d e f "Mr. Wendell R Bird Profile | Atlanta, GA Lawyer | Martindale.com".
  22. ^ "The Yale Law Journal" (PDF). November 1977. Retrieved November 15, 2010.
  23. ^ "Member Directory:Search Term=Bird". American Law Institute. 2009. Retrieved December 29, 2009.
  24. ^ "Welcome New Life Fellows - American Bar Foundation".
  25. ^ "Archived copy" (PDF). Archived from the original (PDF) on July 26, 2015. Retrieved July 29, 2016.{{cite web}}: CS1 maint: archived copy as title (link)

External links edit