Gift Horses, Choosy Beggars, and Other Reflections on the Role and Utility of Social Enterprise Law

Cassady Brewer, Georgia State University College of Law

The U.S. law of social enterprise is growing rapidly.  Since 2008, one-half of all U.S. states have modified their business law to establish special legal forms designed for social enterprise.  Meanwhile, even with twenty-five states adopting special laws for social enterprise, the legal debate surrounding social enterprise continues.  Rather than rehashing that debate, this essay sets forth the author’s personal perspective on the role and utility of social enterprise.  The essay argues that, except in limited circumstances, social enterprise is superior to traditional philanthropy when it comes to solving longstanding humanitarian or environmental problems.  U.S. business law thus should continue to evolve to facilitate social enterprise.

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