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Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen 2017 University of Colorado Law School

Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This legal Memorandum on the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and written by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The Memorandum is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

4 p.

"The legislative history primarily identifies two issues that SB08-200 was designed to resolve: (1) the need for dignity and access to justice for LGBT people and …


Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen 2017 University of Colorado Law School

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.


The Code Of Canon Law And Civil Law, James E. Serritella 2017 St. John's University School of Law

The Code Of Canon Law And Civil Law, James E. Serritella

The Catholic Lawyer

No abstract provided.


Book V: Temporalities Under The Revised Code Of Canon Law, Reverend James K. Mallett, S.T.L., M.Ch.A 2017 St. John's University School of Law

Book V: Temporalities Under The Revised Code Of Canon Law, Reverend James K. Mallett, S.T.L., M.Ch.A

The Catholic Lawyer

No abstract provided.


Overview Of The Revised Code Of Canon Law, Monsignor John A. Alesandro 2017 St. John's University School of Law

Overview Of The Revised Code Of Canon Law, Monsignor John A. Alesandro

The Catholic Lawyer

No abstract provided.


A Model For Ecclesial Mediation At The Local Level, Roger A. Kenyon 2017 St. John's University School of Law

A Model For Ecclesial Mediation At The Local Level, Roger A. Kenyon

The Catholic Lawyer

No abstract provided.


The Code Of Canon Law Provisions On Labor Relations, Donald H. J. Hermann 2017 St. John's University School of Law

The Code Of Canon Law Provisions On Labor Relations, Donald H. J. Hermann

The Catholic Lawyer

No abstract provided.


An American Experiment: Teaching Canon Law To Students Of Common Law, Ladislas Orsy, S.J. 2017 St. John's University School of Law

An American Experiment: Teaching Canon Law To Students Of Common Law, Ladislas Orsy, S.J.

The Catholic Lawyer

No abstract provided.


Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting

Nevada Supreme Court Summaries

The Court determined it must consider the sincere religious beliefs of the individual when evaluating claims under the Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA). It is improper to evaluate those claims under the centrality test, which attempts to determine if the individual’s beliefs are central to a tenant of the religion in question. Once the sincere belief is shown, the courts must then fully examine the remaining considerations under the Free Exercise Clause and the RLUIPA.


Canon Law Implications Of Real Estate Transactions - Impact Of The New Canon Law, Reverend Adman J. Maida, J.D., Vice Chancellor & General Counsel, Diocese of Pittsburgh, Pennsylvania 2017 St. John's University School of Law

Canon Law Implications Of Real Estate Transactions - Impact Of The New Canon Law, Reverend Adman J. Maida, J.D., Vice Chancellor & General Counsel, Diocese Of Pittsburgh, Pennsylvania

The Catholic Lawyer

No abstract provided.


Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri 2017 St. John's University School of Law

Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri

The Catholic Lawyer

No abstract provided.


What Constitutes A Religious Use For Zoning Purposes, Robert S. Walker 2017 St. John's University School of Law

What Constitutes A Religious Use For Zoning Purposes, Robert S. Walker

The Catholic Lawyer

No abstract provided.


Timeline Of Fr. Frank Sierra, Hall & Monagle, LLC 2017 University of New Mexico

Timeline Of Fr. Frank Sierra, Hall & Monagle, Llc

Timelines

No abstract provided.


Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella 2017 Seton Hall Law School

Catholic Institutions In Court: The Religion Clauses And Political-Legal Compromise, Angela C. Carmella

West Virginia Law Review

No abstract provided.


Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi Liu 2017 J.D. Student, Harvard Law School

Applying Strict Scrutiny: An Empirical Analysis Of Free Exercise Cases, Caleb C. Wolanek, Heidi Liu

Montana Law Review

Applying Strict Scrutiny: An Empirical Analysis of Free Exercise Cases


Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather Kolinsky 2017 University of Florida Levin College of Law

Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather Kolinsky

UF Law Faculty Publications

As a result of Hobby Lobby, and the seemingly expanding notion of the corporation as a person within the traditional autonomous rights paradigm, a tension has developed between corporation as subject and corporation as institution. This evolution of corporation as person also highlights the problem of providing resilience to vulnerable subjects whose competing vulnerabilities are situated in the same corporate environment. Addressing this issue is of critical importance where employment has become the conduit for the responsive state to provide resilience to so many subjects, as well as the site of social institution building because the nature of our workplace …


Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison 2017 Northwestern University Pritzker School of Law

Revisiting Erisa’S Church Plan Exemption After Advocate Health Care Network V. Stapleton, Emily Morrison

Northwestern University Law Review

For much of the last forty years, ERISA’s church plan exemption has existed quietly without much fanfare. But increased litigation over the last five years has dragged the exemption into the spotlight. The litigation focuses on religiously affiliated hospital systems and whether their pension plans have been correctly classified as church plans exempt from ERISA.

This Note examines the history behind the church plan exemption, including statutory modifications made in 1980 and the IRS’s longstanding interpretation of these changes, which precipitated the dispute at issue in the current wave of litigation. While the U.S. Supreme Court’s recent decision in Advocate …


Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust 2017 Brigham Young University Law School

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust

BYU Law Review

The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …


Churches' Lobbying And Campaigning: A Proposed Statutory Safe Harbor For Internal Church Communications, Edward A. Zelinsky 2017 Benjamin N. Cardozo School of Law

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 …


Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene 2017 Brigham Young University Law School

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.


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