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Churches' Lobbying And Campaigning: A Proposed Statutory Safe Harbor For Internal Church Communications, Edward A. Zelinsky Jul 2017

Churches' Lobbying And Campaigning: A Proposed Statutory Safe Harbor For Internal Church Communications, Edward A. Zelinsky

Articles

President Trump, reiterating the position he took during the presidential campaign, has recently reaffirmed his pledge to “get rid of and totally destroy the Johnson Amendment,” the provision of the Internal Revenue Code which prohibits tax-exempt institutions from participating in political campaigns. The Code also bars tax-exempt institutions, including churches, from substantial lobbying activities.

Rather than the blanket repeal of the Johnson Amendment proposed by President Trump, I argue for a statutory safe harbor for the internal communications of churches. This limited safe harbor would protect in-house church discussions from both Section 501(c)(3)’s ban on substantial lobbying and from that …


Talking Politics With Senator Clair Mccaskill, Office Of The Dean, Cardozo Law Student Bar Association Apr 2017

Talking Politics With Senator Clair Mccaskill, Office Of The Dean, Cardozo Law Student Bar Association

Flyers 2016-2017

No abstract provided.


The Political Process Argument For Overruling Quill, Edward A. Zelinsky Apr 2017

The Political Process Argument For Overruling Quill, Edward A. Zelinsky

Articles

Should the U.S. Supreme Court overrule Quill Corporation v. North Dakota? In Quill, the Court held that, under the dormant Commerce Clause of the U.S. Constitution, the states cannot impose the obligation to collect sales taxes on out-of-state vendors which lack physical presence in the taxing state. As internet commerce has grown, Quill’s physical presence test has severely hampered the states’ ability to enforce their sales taxes.

Much of the Supreme Court’s case law suggests that, under the banner of stare decisis, the Court should not overturn Quill. This case law indicates that it is Congress’s …


Cardozo Law Democrats Spring General Body Meeting, Cardozo Law Democrats, New York Democratic Lawyers Council Mar 2017

Cardozo Law Democrats Spring General Body Meeting, Cardozo Law Democrats, New York Democratic Lawyers Council

Flyers 2016-2017

No abstract provided.