I doubt a court would tell a church to fire priests. But it could conceivably set limits on various line items in the budget, including total salaries for priests, physical plant budget, etc. Indeed, it seems it would need to so something like that. The church sought the protection of organizing
Although Marci and
I disagree somewhat about the scope of the church autonomy doctrine, I
certainly agree that there are some instances when courts can decide church
issues by applying neutral principles of law. And it may be that,
depending upon the actual circumstances in which the Portla
The opinion, which I had tried to post Friday, speaks for itself at
very great length. In would note that in many ways the program is most like the
teacher subsidy program invalidated in Lemon.
Under the Supreme Court's own rules of stare decisis, laid out most forcefully
by Justice O’Conno
In response to Von's posting below, I would say that the so-called "autonomy" doctrine is considerably narrower than Von's characterization. The courts have been foreclosed from deciding solely ecclesiastical disputes, but the question before the court must be SOLELY ecclesiastical in nature to
Dear all,
The district-court ruling in the AJC's Establishment Clause challenge to
the Americorps Education Awards Program -- and, in particular, to the
participation in the Program of teachers involved in Notre Dame's "Alliance
for Catholic Education" -- is available at the AJC's website. The
I too have a follow-up question -- one that is sort of the flip-side of
Eugene's. Assume for the moment that a trustee is appointed because the
court is convinced that full oversight of diocese operations is
required, including oversight of which parishes should be closed because
they are simply t
I much appreciate the response, but I thought I might ask a
couple of follow-up questions.
First, how would Chapter 11 law handle debtors who routinely
give away goods and services, for the sake of giving them away?
Businesses generally try to make money with nearly all their activ
I am posting some responses to the questions below from my colleague Jason
Kilborn. His answers are in all caps.
Christine Corcos
Associate Professor of Law
Faculty Graduate Studies Program Supervisor
Paul M. Hebert Law Center, Louisiana State University
Ok, here is an interesting one f
