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4,112 full-text articles. Page 66 of 113.

Alienation Of Church Property Under The New Code Of Canon Law, Reverend Donald Heintschel 2017 St. John's University School of Law

Alienation Of Church Property Under The New Code Of Canon Law, Reverend Donald Heintschel

The Catholic Lawyer

No abstract provided.


Alienation Of Church Property Under The New Code Of Canon Law, Thomas A. Rayer 2017 St. John's University School of Law

Alienation Of Church Property Under The New Code Of Canon Law, Thomas A. Rayer

The Catholic Lawyer

No abstract provided.


Columbia Law Experts Denounce Doj Religious Liberty Guidance As Attack On Religious Liberty And Fundamental Equality Rights, Public Rights/Private Conscience Project 2017 Columbia Law School

Columbia Law Experts Denounce Doj Religious Liberty Guidance As Attack On Religious Liberty And Fundamental Equality Rights, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

Columbia Law School’s Public Rights/Private Conscience Project (PRPCP) denounces the memorandum released today by the Department of Justice (DOJ) entitled the “Federal Memorandum for Religious Liberty Protections.” This document, and its implementation guidance misinterpret the meaning and scope of religious liberty under the Constitution and the federal Religious Freedom Restoration Act (RFRA), demonstrating this administration’s continued commitment to elevating a particular set of religious beliefs over the safety and equality rights of women, LGBTQ people, people of color, and religious minorities.


Adjudicating Religious Sincerity, Nathan S. Chapman 2017 University of Washington School of Law

Adjudicating Religious Sincerity, Nathan S. Chapman

Washington Law Review

Recent disputes about the “contraception mandate” under the Affordable Care Act and about the provision of goods and services for same-sex weddings have drawn attention to the law of religious accommodations. So far, however, one of the requirements of a religious accommodation claim has escaped sustained scholarly attention: a claimant must be sincere. Historically, scholars have contested this requirement on the ground that adjudicating religious sincerity requires government officials to delve too deeply into religious questions, something the Establishment Clause forbids. Until recently, however, the doctrine was fairly clear: though the government may not evaluate the objective accuracy or plausibility …


The Ecclesiastical Tribunals Field Hospital For Wounded Marriages: The New Matrimonial Processus Brevoir, Roberto Rosas 2017 St. Mary's University School of Law

The Ecclesiastical Tribunals Field Hospital For Wounded Marriages: The New Matrimonial Processus Brevoir, Roberto Rosas

Faculty Articles

This article will focus on explaining the new marriage annulment processes of the Latin Church, which are found in the Motu proprio Mitis ludex Dominus lesus, although the same processes apply to the processes in the Eastern Churches. Any differences that exist between the two processes are due to the distinct ecclesiastical structure between one Church and another.

This explanation will advance the following points: (1) marriage; (2) reasons for a new matrimonial process; (3) guiding principles for the new process; (4) pastoral footprint of service to the faithful in ecclesiastic tribunals; (5) actualization of the ecclesiastic structure; (6) the …


Exorcising The Clergy Privilege, Christine P. Bartholomew 2017 University at Buffalo School of Law

Exorcising The Clergy Privilege, Christine P. Bartholomew

Journal Articles

This Article debunks the empirical assumption behind the clergy privilege, the evidentiary rule shielding confidential communications with clergy. For over a century, scholars and the judiciary have assumed generous protection is essential to foster and encourage spiritual relationships. Accepting this premise, all fifty states and the District of Columbia have adopted virtually absolute privilege statutes. To test this assumption, this Article distills data from over 700 decisions — making it the first scholarship to analyze state clergy privilege jurisprudence exhaustively. This review finds a privilege in decline: courts have lost faith in the privilege. More surprisingly, though, so have clergy. …


Bequests And Gifts To The Church Under The Code Of Canon Law, Reverend Daniel J. Ward 2017 St. John's University School of Law

Bequests And Gifts To The Church Under The Code Of Canon Law, Reverend Daniel J. Ward

The Catholic Lawyer

No abstract provided.


Property And Contracts In Church Law, Reverend Jordan Hite 2017 St. John's University School of Law

Property And Contracts In Church Law, Reverend Jordan Hite

The Catholic Lawyer

No abstract provided.


The Official Catholic Directory: Civil And Canon Law Requirements, J. Michael Fitzgerald 2017 St. John's University School of Law

The Official Catholic Directory: Civil And Canon Law Requirements, J. Michael Fitzgerald

The Catholic Lawyer

No abstract provided.


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.


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