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9781594600289

Religious Organizations in the United States

by ; ; ; ;
  • ISBN13:

    9781594600289

  • ISBN10:

    1594600287

  • Format: Hardcover
  • Copyright: 2006-07-01
  • Publisher: Carolina Academic Press
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Summary

This book examines the legal structures within which religious organizations conduct their activities. The legal structures of religious organizations encompass not only their corporate organizations, but the many ways employment, property ownership, decisions regarding forms of ministry, and participation in society define a particular instiution. The authors, from a variety of practicing, religious, and scholarly backgrounds, provide a range of perspectives - both practical and theoretical - on these issues. The book fills a void in the current resources, providing a detailed description of policies, identity, and the effect of legal rules on church structures. Contributors include Patricia Carlson, Angela Carmella, Mark Chopko, Carl Esbeck, Patty Gerstenblith, H. Reese Hansen, Donald Hermann, Bernadette Kenny, Douglas Laycock, William Marshall, Martin Marty, John Massad, Patrick Schiltz, Elizabeth Sewell and Rhys Williams.

Author Biography

James A. Serritella is a partner at the law firm of Burke Warren MacKay & Serritella, P.C. Thomas C. Berg is a professor of law at the University of Saint Thomas in Minneapolis School of Law. W. Cole Durham, Jr. is the Susa Young Gates Professor of Law at Brigham Young University School of Law.Edward McGlynn Gaffney, Jr. is a professor of law at Valparaiso University School of Law, and the co-author with Judge John T. Noonan, Jr., of Religious Freedom: History, Cases, and Other Materials on the Interaction of Religion and Government (Foundation, 2001). He served as director of content for the National Constitution Center in Philadelphia. The Reverend Craig B. Mousin, ombudsman for DePaul University, served as Director of the Center for Church/State Studies at DePaul University College of Law from 1990 to 2001.

Table of Contents

Definition of religionp. 3
Religious polityp. 85
Religious diversity, civil law, and institutional isomorphismp. 111
Religious structures under the federal constitutionp. 129
State constitutions and religious libertyp. 167
Legal structuring of religious institutionsp. 213
Associational structures of religious organizationsp. 223
Unincorporated associations and charitable trustp. 253
Religious organizations and the law of trustsp. 279
Civil court resolution of property disputes among religious organizationsp. 315
Regulation of religious organizations via governmental financial assistancep. 349
Charitable choice and criticsp. 391
Regulation of religious bodiesp. 405
Exemption of religious organizations from federal taxationp. 409
Exemption of religious communities from state and local taxationp. 459
State constitutions containing provisions for tax exemption of charitable organizations, including religious bodiesp. 515
Employment in religious organizationsp. 527
Land use regulation of churchesp. 565
Derivative liabilityp. 591
How the legal system's treatment of clerical sexual misconduct with minors affects religious freedomp. 633
Affiliated ministries : education, social services, health carep. 671
Religiously affiliated educationp. 675
The Supreme Court's voucher decision (Zelman v. Simmons-Harris)p. 719
Religiously affiliated health care providers : legal structure and transformationsp. 727
Table of Contents provided by Blackwell. All Rights Reserved.

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