Wendell Bird

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Not to be confused with Wendell Byrd.

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]

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