Wendell Bird
Encyclopedia
Wendell Bird is an attorney practicing in Atlanta, Georgia who concentrates primarily in litigation and in tax laws affecting exempt organizations. He is a senior partner at an Atlanta law firm.
He graduated from Vanderbilt University
(B.A., summa cum laude, 1975) and Yale Law School
(J.D., 1978). While at Yale, he served on the Yale Law Journal Board of Editors.
He is a member of the American Law Institute, has been an annual faculty member of the Washington Non-Profit Legal & Tax Conference for 28 years, and is a member of the Board of Advisors of the RIA Thomson Reuters publication, Taxation of Exempts. He has published more than 20 articles on the laws affecting nonprofit organizations.
He is a Republican.
in the case Association of Christian Schools International et al. v. Roman Stearns et al.
. The Association of Christian Schools International is the world's largest association of Protestant schools, and the case alleged constitutional violations because of viewpoint discriminatory course rejections in English, U.S. History, American Government, religion and science. In 2008 the defendants won a legal victory when their motion for partial summary judgment was granted, and the plaintiffs' motion for summary judgment was denied. In 2010, the Ninth Circuit Court of Appeals affirmed a federal district court's summary judgment in favor of the University of California.
In 2004, Mr. 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 numerous securities law violations in connection with a sale to Healthfield Holdings, Inc.
In 2000-2002, he represented the Bengard Group in a trial and appeal, winning in excess of $44 million. He won a larger verdict in a prior case.
In the early 1980s, Mr. Bird served as a staff attorney for the Institute for Creation Research
for two years and served as a special assistant attorney general for Louisiana
in a case for six years. As a special assistant he defended the state's "equal time" law, which was ruled to be unconstitutional by the U.S. Court of Appeals, and a rehearing en banc was denied by an 8-7 decision at the appellate level. The U.S. Supreme Court affirmed the law's unconstitutionality in Edwards v. Aguillard
by a 6-1-2 vote.
He has published articles in the Yale Law Journal and the Harvard Journal of Law & Public Policy.
He is the author of The Origin of Species Revisited, which compares evolution
and an alternative he called "abrupt appearance." According to the National Center for Science Education
's 1998 review of the book in connection with a case involving decisions of the Melvindale, Michigan school board, the book was out-of-date for use as a textbook (and was not written as a textbook), having been written in 1987 and using earlier sources at various points. The NCSE review also relied on two reviews of third parties, those of William Provine and K.J. Hsu, who disputed certain lines of argument and scientific evidence presented within the book.
He graduated from Vanderbilt University
Vanderbilt University
Vanderbilt University is a private research university located in Nashville, Tennessee, United States. Founded in 1873, the university is named for shipping and rail magnate "Commodore" Cornelius Vanderbilt, who provided Vanderbilt its initial $1 million endowment despite having never been to the...
(B.A., summa cum laude, 1975) and Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
(J.D., 1978). While at Yale, he served on the Yale Law Journal Board of Editors.
He is a member of the American Law Institute, has been an annual faculty member of the Washington Non-Profit Legal & Tax Conference for 28 years, and is a member of the Board of Advisors of the RIA Thomson Reuters publication, Taxation of Exempts. He has published more than 20 articles on the laws affecting nonprofit organizations.
He is a Republican.
Lawsuits
Mr. Bird served as attorney for Association of Christian Schools InternationalAssociation of Christian Schools International
The Association of Christian Schools International is an association of evangelical Protestant Christian schools.-Purposes:ACSI, a protestant association for Christian schools, impacts nearly 23,000 schools and transforms the lives of more than 3.9 million students worldwide...
in the case Association of Christian Schools International et al. v. Roman Stearns et al.
Association of Christian Schools International et al. v. Roman Stearns et al.
Association of Christian Schools International v. Roman Stearns was filed in spring 2006 by Association of Christian Schools International against the University of California claiming religious discrimination over the rejection of five courses as college preparatory instruction. On August 8, 2008,...
. The Association of Christian Schools International is the world's largest association of Protestant schools, and the case alleged constitutional violations because of viewpoint discriminatory course rejections in English, U.S. History, American Government, religion and science. In 2008 the defendants won a legal victory when their motion for partial summary judgment was granted, and the plaintiffs' motion for summary judgment was denied. In 2010, the Ninth Circuit Court of Appeals affirmed a federal district court's summary judgment in favor of the University of California.
In 2004, Mr. 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 numerous securities law violations in connection with a sale to Healthfield Holdings, Inc.
In 2000-2002, he represented the Bengard Group in a trial and appeal, winning in excess of $44 million. He won a larger verdict in a prior case.
In the early 1980s, Mr. Bird served as a staff attorney for the Institute for Creation Research
Institute for Creation Research
The Institute for Creation Research is a Christian institution in Dallas, Texas that specializes in education, research, and media promotion of Creation Science and Biblical creationism. The ICR adopts the Bible as an inerrant and literal documentary of scientific and historical fact as well as...
for two years and served as a special assistant attorney general for Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
in a case for six years. As a special assistant he defended the state's "equal time" law, which was ruled to be unconstitutional by the U.S. Court of Appeals, and a rehearing en banc was denied by an 8-7 decision at the appellate level. The U.S. Supreme Court affirmed the law's unconstitutionality in Edwards v. Aguillard
Edwards v. Aguillard
Edwards v. Aguillard, was a legal case about the teaching of creationism that was heard by the Supreme Court of the United States in 1987. The Court ruled that a Louisiana law requiring that creation science be taught in public schools, along with evolution, was unconstitutional because the law...
by a 6-1-2 vote.
He has published articles in the Yale Law Journal and the Harvard Journal of Law & Public Policy.
He is the author of The Origin of Species Revisited, which compares evolution
Evolution
Evolution is any change across successive generations in the heritable characteristics of biological populations. Evolutionary processes give rise to diversity at every level of biological organisation, including species, individual organisms and molecules such as DNA and proteins.Life on Earth...
and an alternative he called "abrupt appearance." According to the National Center for Science Education
National Center for Science Education
The National Center for Science Education is a non-profit organization based in Oakland, California affiliated with the American Association for the Advancement of Science. It is the United States' leading anti-creationist organization, and defends the teaching of evolutionary biology and opposes...
's 1998 review of the book in connection with a case involving decisions of the Melvindale, Michigan school board, the book was out-of-date for use as a textbook (and was not written as a textbook), having been written in 1987 and using earlier sources at various points. The NCSE review also relied on two reviews of third parties, those of William Provine and K.J. Hsu, who disputed certain lines of argument and scientific evidence presented within the book.
Articles and Chapters
- Wendell R. Bird, "Freedom of Religion and Science Instruction in Public Schools," 87 Yale Law Journal 515, 1978.
- Wendell R. Bird, " Freedom from Establishment and Unneutrality in Public School Instruction and Religious School Regulation," 1979 Harvard Journal of Law & Public Policy 125, 1979.
- Wendell R. Bird, "Religious Organizations and Tax Law," Federal and State Taxation of Exempt Organizations, Chapter 4, Warren Gorhan & Lamont Publishers, 1994.
- Wendell R. Bird, "No Relief But Much Red Tape for Charities and Foundation," 17 Taxation of Exempts 201 (2006).
- Wendell R. Bird, " IRS Offers Guidance on "Election Year Issues" for Exempt Organizations," 15 Taxation of Exempts 269 (2004).
- Wendell R. Bird, "Charitable Giving Techniques and Other Estate Techniques," J. of Retirement Planning at 9 (Nov.-Dec. 2003).
- Wendell R. Bird, "The Shape of Charitable Gift Planning After 'Repeal' of the Federal Estate Tax," 14 Taxation of Exempts 114 (2002).
- Wendell R. Bird, "Political Activities and Exempt Organizations," 12 J. of Taxation of Exempt Organizations 243 (2000).
- Wendell R. Bird, “Exempt Organizations Rules on Political Activities," 7 J 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 J Tax Exempt Organizations 16 (1994).
- Wendell R. Bird & Timothy W. Townsend, “Current Developments in the State and Local Taxation of Exempt Organizations”, 4 J. Tax'n Exempt Org. (WGL) 20 (1992).
- Wendell R. Bird & Timothy W. Townsend, "Sales Tax Relief Not Automatic for Tax-Exempt Entities," 2 J Multistate Taxation 203 (1992).
- Wendell R. Bird & T.O. Kotouc, "Exempt Religious Organizations Have Strict Limits", 48 Taxation for Accountants 207 (1992).
Books
- Wendell R. Bird, The Origin of Species Revisited: The Theories of Evolution and of Abrupt Appearance. Regency(December 1991) ISBN 0-8407-6848-6
- John W. Whitehead and Wendell R. Bird, Home Education and Constitutional Liberties: The Historical and Constitutional Arguments in Support of Home Instruction (The Rutherford InstituteRutherford InstituteThe Rutherford Institute is a non-profit group based in Charlottesville, Virginia dedicated to the defense of civil liberties, human rights, and religious liberty. It was founded in 1982 by John W. Whitehead...
report), Good News Pub (June 1984) ISBN 0-89107-302-7