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	<title>Comments on: Ave Maria Law School</title>
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		<title>By: 2c7c8608920f</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-229504</link>
		<dc:creator>2c7c8608920f</dc:creator>
		<pubDate>Sat, 10 May 2008 00:48:51 +0000</pubDate>
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		<description>&lt;strong&gt;2c7c8608920f...&lt;/strong&gt;

2c7c8608920f9eb169fd...</description>
		<content:encoded><![CDATA[<p><strong>2c7c8608920f&#8230;</strong></p>
<p>2c7c8608920f9eb169fd&#8230;</p>
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		<title>By: Another AMSL Grad</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-219973</link>
		<dc:creator>Another AMSL Grad</dc:creator>
		<pubDate>Fri, 04 May 2007 18:42:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/#comment-219973</guid>
		<description>Col. Falvey....not Lt. Col.</description>
		<content:encoded><![CDATA[<p>Col. Falvey&#8230;.not Lt. Col.</p>
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		<title>By: AMSL Grad</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-219952</link>
		<dc:creator>AMSL Grad</dc:creator>
		<pubDate>Thu, 03 May 2007 17:21:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/#comment-219952</guid>
		<description>Correction:

Lt. Col. Falvey is a Marine and is not in the Army.</description>
		<content:encoded><![CDATA[<p>Correction:</p>
<p>Lt. Col. Falvey is a Marine and is not in the Army.</p>
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		<title>By: AMSL Grad</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-219951</link>
		<dc:creator>AMSL Grad</dc:creator>
		<pubDate>Thu, 03 May 2007 17:17:45 +0000</pubDate>
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		<description>Annonymous,

In regard to your comments on the Falvey Report:

First, I don&#039;t know how you define &quot;unexperienced in administration,&quot; but the author of the report has served in top level positions in the U.S. Army and was also the Dean of Students for the law school for roughly six years. Second, while he did prepare the report on short notice, it was prepared at the request of Tom Monaghan, who of course later dismissed it, though, there is no evidence that he actually read it.</description>
		<content:encoded><![CDATA[<p>Annonymous,</p>
<p>In regard to your comments on the Falvey Report:</p>
<p>First, I don&#8217;t know how you define &#8220;unexperienced in administration,&#8221; but the author of the report has served in top level positions in the U.S. Army and was also the Dean of Students for the law school for roughly six years. Second, while he did prepare the report on short notice, it was prepared at the request of Tom Monaghan, who of course later dismissed it, though, there is no evidence that he actually read it.</p>
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		<title>By: admin</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-219946</link>
		<dc:creator>admin</dc:creator>
		<pubDate>Thu, 03 May 2007 13:23:48 +0000</pubDate>
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		<description>Amazing! Then if the entire Board breaches its fiduciary duty-- say, by paying themselves a salary equal to the entire assets of the charity, or by authorizing such a salary to a secretary --- nobody can bring a civil suit.  I wonder if a criminal prosecution is possible in that case?</description>
		<content:encoded><![CDATA[<p>Amazing! Then if the entire Board breaches its fiduciary duty&#8211; say, by paying themselves a salary equal to the entire assets of the charity, or by authorizing such a salary to a secretary &#8212; nobody can bring a civil suit.  I wonder if a criminal prosecution is possible in that case?</p>
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		<title>By: Poor Billy</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-219945</link>
		<dc:creator>Poor Billy</dc:creator>
		<pubDate>Thu, 03 May 2007 13:05:25 +0000</pubDate>
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		<description>In Michigan, a derivative suit for a not-for-profit, directorship corporation such as AMSL, can only be initiated by a member of the Board of Directors.

Individual suits for breach of contract, etc., of course can be filed by any interested party.</description>
		<content:encoded><![CDATA[<p>In Michigan, a derivative suit for a not-for-profit, directorship corporation such as AMSL, can only be initiated by a member of the Board of Directors.</p>
<p>Individual suits for breach of contract, etc., of course can be filed by any interested party.</p>
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		<title>By: admin</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-219932</link>
		<dc:creator>admin</dc:creator>
		<pubDate>Thu, 03 May 2007 02:56:13 +0000</pubDate>
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		<description>1. If he&#039;s actually on the board of trustees, then I do blame him. He then has a fiduciary duty to the Law School which he is violating. 

2. If he wants to quite giving to the school and has not made any promises, that&#039;s fine. It&#039;s his Foundation, after all, which is not bound to support any particular charitable endeavor.    I see from the Falvey Report via  ttp://www.avewatch.org/files/archive-5.html that he *has* made concrete promises, ones that are perhaps even legally binding (apparently a law firm was hired to verify that  the most important ones were). 

3. This does raise an interesting way out for the directors.  They might agree that a move to Florida will have a 90% chance of wrecking the Law School, but that if they don&#039;t move, Mr. Monaghan  will stop donating, which will have a 100% probability of wrecking it.  In that case, the move is in the best interests of the Law School. 

  The Falvey Report (by a professor unexperienced in administration who did it without cooperation from the Law School and on short notice)  seems to refute that scenarior, though. It makes a strong case that the School could survive even if it only received the legally binding commitments made by Mr. Monaghan up to 2009.  This was what the ABA accreditation people said, essentially-- that they would accredit only because they were convinced that the Law School could be self supporting.</description>
		<content:encoded><![CDATA[<p>1. If he&#8217;s actually on the board of trustees, then I do blame him. He then has a fiduciary duty to the Law School which he is violating. </p>
<p>2. If he wants to quite giving to the school and has not made any promises, that&#8217;s fine. It&#8217;s his Foundation, after all, which is not bound to support any particular charitable endeavor.    I see from the Falvey Report via  ttp://www.avewatch.org/files/archive-5.html that he *has* made concrete promises, ones that are perhaps even legally binding (apparently a law firm was hired to verify that  the most important ones were). </p>
<p>3. This does raise an interesting way out for the directors.  They might agree that a move to Florida will have a 90% chance of wrecking the Law School, but that if they don&#8217;t move, Mr. Monaghan  will stop donating, which will have a 100% probability of wrecking it.  In that case, the move is in the best interests of the Law School. </p>
<p>  The Falvey Report (by a professor unexperienced in administration who did it without cooperation from the Law School and on short notice)  seems to refute that scenarior, though. It makes a strong case that the School could survive even if it only received the legally binding commitments made by Mr. Monaghan up to 2009.  This was what the ABA accreditation people said, essentially&#8211; that they would accredit only because they were convinced that the Law School could be self supporting.</p>
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		<title>By: BeenThere</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-219930</link>
		<dc:creator>BeenThere</dc:creator>
		<pubDate>Thu, 03 May 2007 02:27:52 +0000</pubDate>
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		<description>It is my understanding that Mr Monaghan does not &quot;give&quot; anything.  He retains complete control of his funds.  Moves them to the Ave Maria Foundation, takes his tax write-off, then moves the money from the Foundation to his projects: Ave Maria College, Ave Maria University, Ave Maria Law School etc.   A quick look at any of these institutions will reveal the same name on the bank accounts, not Tom&#039;s, but his finance man who controls all investments and bank accounts, holds deeds etc, sits on all boards and can liquidate all assets at any time.  TSM does not give his opinion as part of a board of trustees - on which he sits as chair, but actually controls the outcome by giving and recinding assets at will.</description>
		<content:encoded><![CDATA[<p>It is my understanding that Mr Monaghan does not &#8220;give&#8221; anything.  He retains complete control of his funds.  Moves them to the Ave Maria Foundation, takes his tax write-off, then moves the money from the Foundation to his projects: Ave Maria College, Ave Maria University, Ave Maria Law School etc.   A quick look at any of these institutions will reveal the same name on the bank accounts, not Tom&#8217;s, but his finance man who controls all investments and bank accounts, holds deeds etc, sits on all boards and can liquidate all assets at any time.  TSM does not give his opinion as part of a board of trustees &#8211; on which he sits as chair, but actually controls the outcome by giving and recinding assets at will.</p>
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		<title>By: Lemon Law Directory &#187; Blog Archive &#187; Lemon Law In California - Governor Perry Signs Emergency Powers Bill Into Law!</title>
		<link>http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/comment-page-1/#comment-219923</link>
		<dc:creator>Lemon Law Directory &#187; Blog Archive &#187; Lemon Law In California - Governor Perry Signs Emergency Powers Bill Into Law!</dc:creator>
		<pubDate>Wed, 02 May 2007 16:10:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.rasmusen.org/x/2007/05/02/ave-maria-law-school/#comment-219923</guid>
		<description>[...] Ave Maria Law SchoolNo one could possibly argue successfully that closing Ave Maria School of Law and transfering its assets to a new entity in Florida (given the risky unproven nature of the development there, and its isolation from the closest center of &#8230; [...]</description>
		<content:encoded><![CDATA[<p>[...] Ave Maria Law SchoolNo one could possibly argue successfully that closing Ave Maria School of Law and transfering its assets to a new entity in Florida (given the risky unproven nature of the development there, and its isolation from the closest center of &#8230; [...]</p>
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