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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Wherefore Art Thou Philanthropy
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Thursday, October 23, 2025
Wherefore Art Thou Philanthropy
Guest Blogger
For the Balkinization symposium on John Witt, The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America (Simon and Schuster, 2025). Larry Kramer Let me start by saying that I
absolutely loved reading this book. It’s a beautifully written, deeply
engrossing account of a marvellous range of events across the first third of
the twentieth century, though telling these stories often requires John to
reach back to the last third of the nineteenth century and, in a few instances,
takes him forward into later decades of the twentieth. This is historical
research at its very best, displaying an encyclopaedic grasp of details, without
ever losing either the narrative thread or the larger picture. I found it
entirely captivating. Along the way, readers are treated to
oodles of fascinating details and novel insights about well-known
incidents—from the Scopes Monkey Trial and the trials of Sacco and Vanzetti to
the Scottsboro case—while also being introduced to less familiar episodes, some
totally new to me, like April Farm, the Brookwood Labor College, and many more.
In like fashion, we gain new perspectives and insights about well-known personalities
like Roger Baldwin, Clarence Darrow, and W.E.B. Dubois; as well as familiar but
not quite as well-known people like Elizabeth Gurley Flynn, James Weldon
Johnson, and Walter Lippman; and more than a few completely new characters (again,
to me at least) like Charles Garland himself, A.J. Muste, and Clinton Golden. John manages, in just a few pages for each,
to paint detailed pictures of events and the people who made them, bringing the
period to life and giving the reader a feeling of familiarity and authenticity.
The cumulative effect is a narrative tour de force that should become a must-read
for anyone looking to understand this turbulent period of American political history.
It also serves as a timely reminder today—when even the most modest efforts to
provide a social safety net are with a straight face condemned by folks on the
right as “Marxist” and “socialistic”—that there was a time in the not so
distant past when American politics really did have a far left. But here is the thing: the book isn’t
really about the Garland Fund, which serves in John’s account more like a
narrative hook on which to hang the many stories that comprise the book’s substance.
The Fund runs through the text as a kind of Zelig-like figure (the eponymous
lead character in Woody Allen’s 1983 film). Like the character in the movie, the
Fund is there, in the background, of nearly every important development on the
political left in the 1920s and 30s. But we learn relatively little about it:
about the role it played and how it played that role. It’s obviously important, in thinking
about philanthropy, to look at the people and organizations that receive
funding. But grants come at the end of a process, and we can’t understand how
to think about the grants without knowing a great deal more about the process
than John gives us in The Radical Fund. We do learn about many of the
Fund’s board members, but they appear chiefly as characters in the individual
stories to which they relate. Moreover, to appreciate how a funder works, we need
to know much more than who is on the board and their personal motivations. How
are the board members chosen, for example? Who was not chosen, and why? And,
more broadly, what are the funder’s governance structures? Nor is it enough to know only about
the board. How is the funder staffed? How is the staff organized? How are staff
members chosen? What is the relationship between board and staff? What is the
funder’s philosophy of and approach to philanthropy generally? Is it a
strategic funder? If so, how are strategies devised, executed, and assessed? If
not, how does it organize the use of its assets? How are particular grant
recipients selected and evaluated? What kind of relationship does the funder
maintain after the grant is made? Having read The Radical Fund, I
can’t confidently tell you the answer to any of these questions. We never learn
how (or in many cases, why) individual board members were chosen, and with few
exceptions, we are given little sense of how the board’s operations evolved
over time, much less what its decision-making process looked like. Indeed, we
learn virtually nothing about the Garland Fund’s internal structure,
operations, or processes for making choices. There are discussions of the
Fund’s broad thinking around its major initiatives—whether to support labor or focus
on race, for example, or whether to support arts and culture—but (again with
few exceptions) we get little information or insight into how the Fund went
about translating these broad goals into decisions about the specific grants it
made and the particular grantees it supported. This is unfortunate, because rigorous
histories of philanthropy are scarce, despite its undeniable importance and
influence. To have a historian of John Witt’s talent and skill look as closely
and deeply at the Fund as he did at its grantees would have been an invaluable
contribution to a woefully understudied field. This is particularly true inasmuch as the
Garland Fund’s creation in 1924 occurred smack in the middle of the formative
period of modern philanthropy—following on the heels of the Russell Sage Foundation(1907),
the Carnegie Corporation (1911), the Rockefeller Foundation (created in 1913
but expanded into its modern form in 1929), the Cleveland Foundation (created
as the first community foundation in 1914), the Rosenwald Fund (1917), the
Commonwealth Fund (1918), the Twentieth Century Fund (1919), the Duke Endowment
(1924), and the Kresge Foundation (1924), and ahead of the Sloan Foundation
(1934), the Ford Foundation (1936), and the Guggenheim Foundation (1937). The creation of these newfangled private
grant-making entities—built on a novel legal and institutional architecture to foster
a modern bureaucratic form of philanthropy—introduced something unprecedented and
radically different into civil society, and the new foundations were all breaking
fresh ground in these years: developing the first idea of professional
philanthropy, while experimenting with unconventional approaches to giving away
money. The whole idea that there can be a “science of philanthropy” emerged in
this period. Which begs the question: what did the folks
at the Garland Fund make of it all? What were their ideas and theories about
the role of philanthropy and the best ways to practice it? People who have
never done serious philanthropy invariably roll their eyes when told that
giving away money at scale is difficult—difficult, at least, to do well. But
anyone who has had responsibility for doing so knows this is true. How, then,
did the directors and staff of the Garland Fund approach the contemporary issues
and controversies about professional philanthropy? Apart from the short Chapter
11—which describes their strenuous (somewhat deceptive and disingenuous) efforts
to get the full tax benefits offered for philanthropic activities—we are not
told much. Of equal importance to understanding
the Garland Fund are questions about how its directors and staff saw themselves
operating within the larger funder community? A brief discussion of their initial
decision not to fund Black education (pp. 174-77) makes clear they were aware
of the newly emerging big funders. Did they communicate with them? Try to learn
from them? What did they think about how these funders operated? Did they ever
collaborate or seek to collaborate? Did anything that was happening in
the larger philanthropic community influence their behavior or decisions? If
so, how? If not, why not? As a reader, I came away with very
little sense of either how the Garland Fund operated internally or how
it operated within the still emergent philanthropic community. Of course, none
of this takes away from what the book does accomplish, which is to take
readers on an exhilarating journey through the radical politics of the 1920s
and 30s, but I was sorry (and a bit disappointed) to see how little attention
John gave to the practice of philanthropy itself. It is a missed opportunity—one
worthy, perhaps, of a follow up article. As an aside, given what we do learn
about how the Fund operated, I was struck by how many of its activities would
be considered unethical, and possibly even unlawful, today. Time and time
again, for instance, we read about board members ignoring flagrant conflicts of
interest to shamelessly fund their own organizations or those of their friends.
I’m not entirely sure what the law was at the time; perhaps it was different.
In any event, it would have been interesting to get some insight into how (or
if) the Fund’s directors thought about the ethics of philanthropy and its
bearing on their own practices. Be all this as it may, the critical
question in philanthropy is always and ultimately about impact, about making a
difference in the world. So, what can we say about the Garland Fund’s actual
impact? John’s view is clear from the book’s subtitle: “How a Band of
Visionaries and a Million Dollars Upended America.” I’m not sure the book succeeds
in substantiating this claim, though I’m also not sure the Fund needs to have
had this extravagant effect for its story to be worth telling. Clearly, many of the organizations the
Fund supported or helped launch turned out later to be very impactful. These
include organizations that remain influential today, like the ACLU and the
NAACP, as well as prominent journals like The Nation and The New
Republic. At the same time, as Roger Baldwin himself conceded (p. 531), most
of the Fund’s grantees did not have any lasting impact, making it difficult to
know whether the successes reflect strategic shrewdness or simply the luck that
comes from spreading one’s bets widely enough. Here is a good example of a
question that would have been helped by knowing more about the internal
approach and processes used by the board and staff. Further complicating the task of
assessing impact—even when it comes to Fund grantees that unquestionably made a
difference—it is hard to know the extent to which the Fund’s contributions were
pivotal or even meaningfully additive. I can think of efforts we supported while
I was at Hewlett in which our funding was unquestionably decisive, whether by
virtue of timing, scale, or both. In other instances, we contributed to efforts
that I was proud and happy to join, but other funders developed the strategy, spearheaded
the idea, or put in more capital, and I cannot honestly say that our funding or
participation was the critical difference between success and failure. Which
efforts of the Garland Fund fall into the former category and which the latter?
It’s hard to know without more information about what other funders were doing
or contributing. The amount of money put into most
ventures by the Garland Fund seems small, which isn’t surprising since it was a
small fund. But, then, philanthropy itself was still quite small compared to
today. So, was the Garland Fund just a minor participant in many organizations,
some of which turned out later to be very impactful? Or was its participation
in some way pivotal to success? What can we say, in other words, about
attribution, especially when it comes to organizations that the Garland Fund
supported early but that didn’t achieve impact and success until many years later,
based on strategies and work quite different from what the Fund had supported
at the start? As anyone involved in philanthropic
evaluation will attest, questions like these are incredibly difficult to answer,
particularly as grantee organizations that achieve major impact tend also to
have multiple funders. In some ways, the most reliable evidence we may have is
what other funders and other actors think. And here, as John displays in the
book’s final pages, the record is unclear. Perhaps the fairest statement comes
from the Fund’s most important actor, Roger Baldwin. As John describes Baldwin’s
late-life views, “The Fund’s modest endowment had allowed its directors to put
issues on the political agenda that elected officials had skirted time and
again, and which unions and membership organizations alone could not sustain.”
(p. 531) Looking back on the entire experience, even with the mistakes, false
starts, and wrong turns, Baldwin concluded, “’I suppose we did quite a lot of
good.’” (p. 532) Speaking from the perspective of 12
years in philanthropy, I think that’s saying quite a lot. * * *
Today’s new ultra-high net worth funders
often act as if they have nothing to learn from the philanthropy of the past
and seem to believe they are inventing ways of doing philanthropy that are
wholly new and uncommonly bold. In fact, little of what today’s funders are
doing was not tried in some form by funders in the early and middle years of
the 20th century. As The Radical Fund makes abundantly clear,
earlier generations of funders were every bit as ambitious, creative,
risk-taking, and courageous as anyone working in the field today—more, perhaps,
if we compare the work of funders during the first Red Scare to the timid,
fearful response of today’s foundations to the lethal threat posed by the Trump
Administration. For these funders, The Radical Fund should be a
must-read. Larry Kramer is President and Vice Chancellor, The London School of Economics and Political Science. You can reach him by e-mail at larry.kramer@lse.ac.uk.
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