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Articles 4081 - 4110 of 4118
Full-Text Articles in Religion Law
God In The Constitution, Robert T. Donley
God In The Constitution, Robert T. Donley
West Virginia Law Review
No abstract provided.
Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant
Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant
Michigan Law Review
In two recent cases, the Supreme Court has held that citizenship must be denied an applicant who is unwilling to promise unreservedly to bear arms in defense of the United States. One applicant, Douglas Clyde Macintosh, a Professor of Divinity in Yale University, who served for four years in France during the World War, stated that due to religious convictions he was unable to promise beforehand to fight unless, in his own opinion, the war was morally justifiable and in the best interests of humanity. The other, Marie Averil Bland, a minister's daughter who served as a nurse in the …
Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara
Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara
Journal Articles
The case of In re Matter of Copps Chapel Methodist Episcopal Church appears to establish that there is no longer any such thing as a determinable interest in land in Ohio. There would seem to be no escape from this unless the court should be prepared to overrule itself.
Trusts--Charitable Trusts Of A Religious Nature In West Virginia, William Thomas O'Farrell
Trusts--Charitable Trusts Of A Religious Nature In West Virginia, William Thomas O'Farrell
West Virginia Law Review
No abstract provided.
The Corporation Sole
Michigan Law Review
In the recent case of Reid v. Barry, the Florida court stirred among the bones of common law relics to invoke the aid of the corporation sole doctrine, coming to the conclusion that the Roman Catholic Bishop of St. Augustine was a sole corporation, capable of holding property by succession. The ancient learning on this anomalous but useful corporate entity is to be found in Blackstone, Coke, and Grant ; the few reported cases that have appeared since the days of these commentators have in general confirmed what they said. Maitland in delving into its history said; "An ecclesiastical …
Benefit Of Clergy--A Legal Anomaly, Newman F. Baker
Benefit Of Clergy--A Legal Anomaly, Newman F. Baker
Kentucky Law Journal
No abstract provided.
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Michigan Law Review
The Royal Historical Society (of London) has published much material of great interest to lawyers-an humble Fellow, I think none is more interesting than that published in 1906: "State Trials of the Reign of Edward the First, 1289-1293".
A Monograph On Religious Freedom, Benjamin G. Reeder
A Monograph On Religious Freedom, Benjamin G. Reeder
West Virginia Law Review
No abstract provided.
Right To Determine The Place Of Burial Of A Corpse
Right To Determine The Place Of Burial Of A Corpse
Michigan Law Review
A dead body is not property, but a sort of quasi-property, so in a strict legal sense there are no property rights in a corpse. This is especially true after burial, as many courts make a distinction between rights existing prior to burial, and those after burial. Nevertheless, relatives have certain rights against others for mutilation, removal, etc. of a corpse, whether based on property or not. Cases where damages are recovered for mutilation before burial are common, and in England v. Central Pocahontas Coal Co. 86 W. Va. 575, the plaintiff was allowed an action of trespass against …
Property Rights In Church Pews
Property Rights In Church Pews
Michigan Law Review
A recent Pennsylvania decision, Zernosky v. Kluchinsky (Pa. 1923) 122 Atl. 262, lays down the rule that where the trustees of a church rent a pew to a parishioner without the consent of the priest in charge, when such consent is required by the ecclesiastical law, the transaction is of no effect and the ecclesiastical law will be followed by the court. This is the general rule as applied to conditions attached to the renting of pews, Atty. Gen. v. Meetinghouse, 3 Gray (Mass.) 1; French v. The Old South Society, 100 Mass. 479, but the interesting point …
Equity Jurisdiction--Church Factions--Disposition Of Property, C. P. H.
Equity Jurisdiction--Church Factions--Disposition Of Property, C. P. H.
West Virginia Law Review
No abstract provided.
The Legal Status Of The Clergyman, Austin W. Scott
The Legal Status Of The Clergyman, Austin W. Scott
West Virginia Law Review
No abstract provided.
Religious Liberty In The American Law, Carl Zollman
Religious Liberty In The American Law, Carl Zollman
Michigan Law Review
It remains to examine the application of this principle* to particu- 1 lar offenses. Statutes have been passed against blasphemy and offenders have been prosecuted under them. This, as said in a Massachusetts case, has not been done "to prevent or restrain the formation of any opinions or the profession of any religious sentiments whatever but to restrain and punish acts which have a tendency to disturb the public peace.185 To prohibit the open, public, and explicit denial of the-popular religion of a country is a necessary measure to preserve the tranquility of a government. Of this no person in …
Religious Liberty In The American Law, Carl Zollman
Religious Liberty In The American Law, Carl Zollman
Michigan Law Review
When the convention which framed the federal constitution assembled in Philadelphia in 1787 religious tests as a qualification for office were actually a part of the constitutions of most of the thirteen original states.' While Massachusetts2 and%,Maryland3 required from certain state officers only a declaration of a belief in the Christian religion, the fundamental law of Georgia, New Hampshire, New Jersey and North Carolina4 limited such belief to the Protestant religion and was designed to require a positive and affirmative test and not merely the negative qualification of not being a Roman Catholic.0 The Delaware, North Carolina and Pennsylvania constitutions7 …
Law Of Blasphemy, Robert Warden Lee
Law Of Blasphemy, Robert Warden Lee
Michigan Law Review
Is Christianity part of the Law of England? It would seem that if it ever was so, it is so no longer. Such at least is the conclusion which Austin's "simple-minded layman" will undoubtedly draw from the recent decision of the House of Lords in Bowman v. The Secular Society, Limited, [1917] A. C. 4o6. The lawyer who recognizes that such phrases as the above can have little or no value in legal science will be more concerned to note the unanimous determination of the final court of appeal in Great Britain in favor of the view of the law …
Tax Exemptions Of American Church Property, Carl Zollmann
Tax Exemptions Of American Church Property, Carl Zollmann
Michigan Law Review
The exemption from taxation of public property in the various states of the Union rests on reason and presents no difficulty. If a state were to tax its own property or the property of the counties, cities, towns and villages created by it, the burden of the ultimate taxpayer would not be lightened in the least. Since such property is not only acquired but also maintained at public expense the money necessary for this purpose must in any case be ultimately paid by the owners of private property. An attempt to tax public property would only make the bookkeeping of …
Church Cemeteries In The American Law, Carl Zollmann
Church Cemeteries In The American Law, Carl Zollmann
Michigan Law Review
One of the most usual sights in any rural community in the United States is a church edifice with a cemetery in the immediate neighborhood. This condition of affairs, where a church society antedates the municipal corporation within whose limits it exists, can even occasionally be found in populous cities. Such cases, however, are fast disappearing. The demands of commerce and the doctrines of modern sanitation are too strong to be resisted. When a cemetery situated in the heart of a city is not abandoned on account of the monetary inducements held out by commercial interests, the law-making power of …
Nature Of American Religious Corporations, Carl Zollman
Nature Of American Religious Corporations, Carl Zollman
Michigan Law Review
From the earliest period of our history it has been recognized that corporate existence and capacity is desirable if not indispensable in order to carry on the affairs of the various church societies in the most efficient manner. Accordingly various forms of religious corporations have been developed. Of these the earliest, namely the territorial parish and the corporation sole, grew out of the then existing union of church and state. They were public municipal corporations and passed away with the system which had given them birth. Their place was taken by other church corporations of which there are three principal …
Powers Of American Religious Corporations, Carl Zollmann
Powers Of American Religious Corporations, Carl Zollmann
Michigan Law Review
Religious corporations in the United States have assumed various shapes. The original two forms, (corporation sole and territorial parish) being unsuited to our conditions, have completely passed away. In their stead have grown up four other classes, the aggregate corporation, the trustee corporation, the modern form of the corporation sole, and the Roman Catholic Church in our insular possessions. These four kinds of corporations, however diverse they may be in their history and otherwise, have a number of important qualities in common. None of them are ecclesiastical corporations in the European sense of the word. All of them owe their …
Classes Of American Religious Corporations, Carl Zollmann
Classes Of American Religious Corporations, Carl Zollmann
Michigan Law Review
The right of churches to incorporate has been universally conceded in the United States, except in Virginia and West Virginia, under whose constitutions the legislature is forbidden to grant any "charter of incorporation" to "any church or 'religious denomination."' Nor is such concession a recent one. Churches have exercised corporate rights from. the earliest period of the American law. The forms under which this has been done, however, have been quite dissimilar. Five distinct classes of corporations are discernible, the first of which is entirely extinct, the second survives only in an altered form, the third is limited in area, …
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
Other Publications
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
Michigan Law Review
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and, will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …
The Mosaic Law, Clarence A. Lightner
The Mosaic Law, Clarence A. Lightner
Michigan Law Review
In recent years much has been learned of the civilization, which developed in early times in Mesopotamia. In Babylon, laws appropriate to a vast and wealthy agricultural nation, which was engaged, also, largely in commerce, had been developed many centuries before the authentic history of other peoples begins. This civilization was Semitic. A great light, where formerly but dim reflections had been seen, was thrown upon this jurisprudence by the discovery, in 1901, of the codification of the laws of Babylonia, which was promulgated by King Hammurabi about 2350 B. C. Migration from Babylonia occurred from time to time, and …
The Law In Its Relation To Morals And Religion, Edwin C. Goddard
The Law In Its Relation To Morals And Religion, Edwin C. Goddard
Articles
"Man is a religious being... Man has never lived to himself alone. His natural state has ever been a social one, in which development and enjoyment became possible only by mutual inter-dependence and social intimacy. Government is not an invention, not a necessary evil to which men submit. On the contrary... it has been man's natural instrument for controlling and developing the social estate so essential to his very existence ... [a]nd universally this government has been more or less closely related to religious institutions."
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
Other Publications
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. Now, and in this United States, not less than in ages past and in other parts of the world, is this a fundamental fact. He who, without a recognition of this, would study either religion or government, would quite fail to comprehend his problem. Man is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. The world depicted with such irresistible genius by Rosseau …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Authority of Attorney--Compromise; Attorney and Client--Disbarment--Reasonable Doubt; Bankruptcy--Corporations Subject to Involuntary Bankruptcy--Amendment of 1910; Bankruptcy--Following Trust Funds into Hands of Trustee in Bankruptcy; Bills and Notes--Notice by Mail--Proof of Mailing; Bills and Notes--Right of Drawee of Forged Check or Draft to Recover Money Paid Thereon; Boundaries--Line Between Riparian Owners; Boundaries--Monuments Give Way to Courses and Distances; Carriers--Limitation of Amount of Recovery in Case of loss of Baggage; Charities--Testamentary Trusts--Gift for Masses; Constitutional Law--Religious Liberty--Religious Exercises in Schools--Bible; Contracts--In Restraint of Trade--When Valid; Courts--Doctrine of Stare Decisis; Evidence--Admissibility of Confessions; Evidence--Admissibility of Market Quotations; Executors and Administrators--Denial of Application …
Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster
Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster
Articles
When, a few years since, the General Assemblies of The Cumberland Presbyterian Church and The Presbyterian Church in the United States of America determined that there should be a re-union of the two bodies there were, of course, many objectors. Disputes concerning property have brought the objectors to the re-union before the courts, and in Missouri and Tennessee they have recently obtained victories.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Corporation "Engaged Principally in Manufacturing"; Bankruptcy--Invalidity of Liens for Want of Record; Bills and Notes--Effect of Agreement to Pay Attorney's Fees on Negotiability; Boundaries--Street--Riparian Rights; Carriers--Negligent Delay of Passenger--Liability; Constitutional Law--Due Process of Law--Banking--Guaranty Fund; Constitutional Law--Vested rights--rights in Navigable and Non-Navigable Waters; Contracts--Performance of Building Contract; Corporations--Capital Stock--Trust Fund--Right of Bank to Purchase its own Stock; Corporations--Ownership of Stock--Unlawful Pledge--Rights of Pledgee; Damage--Breach of Covenant Against Incumbrances--Though Incumbrance Removed Nominal Damages Recoverable; Divorce--Grounds--Extreme Cruelty--Malicious Charges; Dower--Right to Dower--Divorce--Interlocutory Decree; Evidence--difference Between Burden of Proof and burden of Evidence; Evidence--Proof of Death--Privileged Communications Between Husband and Wife; Homestead--Fraudulent Conveyance--Right of …
Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane
Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane
Michigan Law Review
Effect of Taking Possession of Mortgaged Property Under a Chattel Mortgage as Against a Junior Mortgagee; The Effect of the Reunion of the Cumberland Presbyterian Church With the Presbyterian Church in the United States of America Upon the Property of the Former; The Exclusive Use of Part of Railroad Station Grounds by Hackmen; Conflict of Jurisdiction in Bankruptcy Cases Between Federal and State Courts; Right of the Legislature to Amend Corporate Charters Under the Reserved Power; Can A Purchaser From a Tenant Acquire Title by Adverse Possession?; Can a Mortgagor After the Execution of the Mortgage Create an Easement in …