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In 1819, the US Supreme Court ruled in Dartmouth v. Woodward that Dartmouth College, even though originally chartered by government, was legally akin to a private corporation. This landmark decision was the founding legal document of what has become the American private nonprofit sector. While the decision has attained hagiographic status, this paper explores what the US nonprofit sector would look like if the Supreme Court had ruled the other way. Using alternate history and scenario writing as research methodologies, it highlights the invisible losses due to the decision and depicts what a public nonprofit sector would have looked like. [ABSTRACT FROM AUTHOR]

Although the residues of official segregation are widespread, affirmative action continues to meet resistance in both official and everyday life, even in such recent Supreme Court decisions as Grutter v Bollinger (539 U.S. 306). This is due in part to a governing ontology that draws the line between individual and collective. But there are other possibilities for conceiving the social, and I offer one here in a theory of affirmative action that is developed through close examination of sharing and promising as elemental qualities of equitable communal life. The nature and value of these actions are demonstrated in narrative formulations of fairness as exemplified in triage and the situation at the end of slavery; of the difference between equality and equity and how justice depends on their conjunction; and finally of theorizing how these may come together in the permutable, opaque, yet resilient interdependence of person and community that represents most deeply the Greek idea of two in one, that is, of one two, not two ones. In these respects the paper is successful insofar as it discloses the kinds of reasoning that underlie both resistance and commitment to affirmative action. [ABSTRACT FROM AUTHOR]