Download or read book Religious Property Disputes and the Law written by Daniel P. Dalton and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on religious property law covers three narrow issues of religious property disputes: (1) the local church versus a denomination over the ownership of land and real property when the church leaves the denomination, (2) the ownership of religious property within an independent church, and (3) the religious entity versus a local community engaged in a land use and zoning dispute"--
Download or read book Religious Property Disputes and the Law written by Daniel P. Dalton and published by . This book was released on 2022-05-02 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nationally recognized litigator, Daniel P. Dalton, shares expert insights on litigating three types of religious property disputes. This information will be valuable for religious organizations and their counsel.
Download or read book Pastor Church Law written by Richard R. Hammar and published by . This book was released on 1983 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Resolving Church Property Disputes written by Michael W. McConnell and published by . This book was released on 2016 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, major religious denominations have experienced some of the largest schisms in our nation's history, resulting in a flood of church property disputes. Unfortunately, the law governing these disputes is in disarray. Some states treat church property disputes just like disputes within other voluntary associations -- applying ordinary principles of trust and property law to the deeds and other written legal instruments. Other states resolve church property disputes by deferring to religious documents such as church constitutions -- even when those documents would have no legal effect under ordinary principles of trust or property law.We argue that both courts and churches are better served by relying on ordinary principles of trust and property law, and that only this approach is fully consistent with the church autonomy principles of the First Amendment. Only this approach preserves the right of churches to adopt any form of governance they wish, keeps courts from becoming entangled in religious questions, and promotes clear property rights. By contrast, deferring to internal religious documents unconstitutionally pressures churches toward more hierarchical governance, invites courts to resolve disputes over internal church rules and practices, and creates costly uncertainty.
Download or read book A Guide to Church Property Law written by Lloyd J. Lunceford and published by Reformation Press. This book was released on 2010-07-01 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of the Courts in Church Property Disputes in America written by Kenneth Boukis and published by . This book was released on 1975 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law Knows No Heresy written by Louis Milicich and published by . This book was released on 1984 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Possession is Nine Tenths of the Law written by Meghaan McElroy and published by . This book was released on 2008 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts across the country face a perplexing legal issue regarding the ownership of church property. In the wake of the ordination of an openly gay bishop in 2003, local congregations have broken away from the Protestant Episcopal Church in the United States of America, leading to contentious property disputes over both the real and personal property of the churches. The problem that arises in adjudicating this legal issue is the sparse continuity in court decisions addressing property ownership in the wake of a religious quot;divorce.quot; With limited guidelines articulated by the Supreme Court, the states are free to craft their own arsenal for handling church property disputes. Virginia provides a perfect starting point for crafting a bright-line rule that all states should eventually follow, considering the existence of a post- Civil War statute meant to handle such religious property disputes.Beginning in December 2006, fifteen traditionalist Virginia Episcopal parishes voted to break away from the Episcopal Diocese of Virginia and the Episcopal Church of the United States. The decision to disaffiliate with the Diocese and Episcopal Church stemmed from a disagreement over the Episcopal Church's position on homosexuality, representing what the Diocese considered a deeper affront to the teachings of the Christian faith. The parishes voted to affiliate themselves with the Convocation of Anglicans in North America. As a result of the separation, the local parishes and the Episcopal Church, along with the Diocese, have both claimed ownership of the real and personal property presently occupied and held by the parishes' trustees.In order to settle the present dispute among the eleven Virginia Episcopal parishes, as well as any future disputes among congregations and the hierarchical church to which they belonged, this Note proposes that courts within the Commonwealth of Virginia should adopt a bright-line rule for interpreting Virginia Code section 57-9. Specifically, quot;divisionquot; as used in section 57-9 should mean a factional separation within the hierarchical church between the national church and an aggregate of congregations, determined on a macro level. Such an approach will be beneficial for the judicial system because it will enable courts to resolve church property disputes expeditiously by addressing the sole question of whether a division existed within the church.
Download or read book Religious Conscience the State and the Law written by John McLaren and published by SUNY Press. This book was released on 1999-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines claims to freedom of religion by minority, unorthodox faith groups and how these challenges to the state and the law have contributed to the development of civil rights discourse and practice.
Download or read book Ministry and the American Legal System written by Richard B. Couser and published by Fortress Press. This book was released on 1993 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for those who are not lawyers, accountants, or quasi-legal specialists, this book outlines the elements of risk management for congregations and church professionals. Divided into three parts, the guide provides an overview and history of the American legal system, details various areas of the law, and focuses on ways religious organizations can minimize their exposure to legal difficulties.
Download or read book The Law of Organized Religions written by Julian Rivers and published by Oxford University Press. This book was released on 2010-07-22 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: And academics in religious studies. Students studying law and religion courses. Leaders and engaged members of churches and religious organizations.
Download or read book Freedom of Religious Organizations written by Jane Calderwood Norton and published by Oxford University Press. This book was released on 2016-08-11 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with.
Download or read book The Protestant Episcopal Church in Virginia written by Florence Annette Powell and published by . This book was released on 1980 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Resolution of Church Property Disputes written by Richard R. Hammar and published by . This book was released on 1981 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stay Out of Court and Stay in Ministry written by Clarance E. Hagglund and published by CSS Publishing. This book was released on 1998 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stay Out Of Court And Stay In Ministry is written to help pastors prevent costly and career-ending lawsuits. It sets forth the most common legal claims asserted against religious organizations, and the defenses churches have successfully raised. ... We describe real-life legal claims against churches and analyze the outcomes, pro or con. We focus on the claims most frequently asserted against churches. Some of the trends defy conventional wisdom. For example, there are few suits for clergy malpractice, but many successful suits for slippery sidewalks. (from the Introduction) Your book should be required reading for every church pastor and primary lay leader, along with the property board chairperson ... excellent illustrations. Rev. Carl Buettemeier Newport Lutheran Church Newport, Minnesota Hagglund and Weimer ... give just enough information to understand and act responsibly. At the same time they do not bury the reader with legalese ... I especially appreciate the list of specific suggestions at the end of each chapter. Rev. Thomas D. Harris St. Nicholas Episcopal Church Richfield, Minnesota I know there are very specific changes I will make in my ministry because of reading this book. Paul D. Johnson Senior Pastor, Woodridge Church National Director of Church Planting, Baptist General Conference Clarance E. Hagglund, J.D., is a litigation attorney practicing primarily in insurance coverage, professional liability, and other complex commercial litigation, trial and appellate. He is a Civil Trial Specialist certified by the National Board of Trial Advocacy; a National Board of Trial Advocacy Director; a Diplomate with the American Board of Professional Liability Attorneys; and a member of the Professional Liability Section of the Federation of Insurance and Corporate Counsel. He is a member of The Basilica of St. Mary, Minneapolis. Britton D. Weimer, J.D., is a litigation attorney practicing primarily in insurance and commercial litigation, trial and appellate. He is licensed to practice law in Texas, Wisconsin, Minnesota, and the Eighth Circuit Court of Appeals. Mr. Weimer has authored articles published in Federation of Insurance and Corporate Counsel Quarterly, the Real Estate Law Journal, the Hofstra Property Law Journal, and the Banking Law Journal. He is a member of Woodridge Church in Medina, Minnesota.
Download or read book The Church State Corporation written by Winnifred Fallers Sullivan and published by . This book was released on 2020 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What is a church and what work does "church"-the church-do today in American law? In Church State Corporation, Sullivan argues that the appeals to "the church" we find in legal opinions express what she calls a "Christian mystical political theology" that naturalizes religion in the American legal imagination and limits the law's ability to acknowledge religion more broadly. To pinpoint the work the church does in US law, Sullivan examines two recent Supreme Court cases, Hosanna-Tabor v. Equal Employment Opportunity Commission (2012) and Burwell v. Hobby Lobby (2014), in order to map the contours of the "church-shaped space" at the heart of what constitutes religion in US law. Sullivan also examines a constellation of church property cases, cases developing corporate personhood such as Citizens United, and what the "Angola Church"-a collection of churches formed within the Louisiana State Penitentiary at Angola-reveals about the range of the church's influence in US law. In all, the reader is treated to a remarkably thought-provoking analysis of the ways the church persists in US law, one that calls into question our basic assumptions about our supposedly secular age"--
Download or read book Comparative Religious Law written by Norman Doe and published by Cambridge University Press. This book was released on 2018-11-15 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares the modern legal instruments of Jewish, Christian and Muslim organisations in light of their historical religious laws.
