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Home > Church Law & Tax Report > 1992 > November/December

Church Law & Tax Report

November/December 1992
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Recent Developments

Recent Developments

Issues that affect ministers and churches, with Richard R. Hammar

Denominational Arbitration Procedures Subscriber access only

Can arbitration procedures be enforced?
Charitable Contributions

Substantiating Charitable Contributions Subscriber access only

What are the reporting requirements?
Confidential and Privileged Communications

Mandatory Reporters and the Clergy-Penitent Privilege Subscriber access only

Can confessions of child abuse be privileged conversations?
Child Abuse

Reporting Child Abuse Subscriber access only

Can a reporter be sued if the abuse did not actually occur?
Freedom of Religion

Discipline of Church Members Subscriber access only

Churches' membership decisions are protected by the First Amendment.
Freedom of Religion

Can a Church Dismiss Members Who Sue the Church? Subscriber access only

An Ohio court recently ruled on this issue.
Church Records

Inspection of Church Records Subscriber access only

Can a church avoid the inspection of its records by placing them in a "secret archive"?
Church Records

Members' Right to Inspect Church Records Subscriber access only

A recent court decision provides some guidance.
Confidential and Privileged Communications

When Does the Clergy-Penitent Privilege Apply? Subscriber access only

A court recently made a significant ruling.
Confidential and Privileged Communications

What Constitutes "Spiritual Counsel"? Subscriber access only

The clergy-penitent privilege applies only in situations of spiritual counsel.

Counselors and the Clergy-Penitent Privilege Subscriber access only

After a minister disclaims a counseling relationship, further communications are not privileged.

The "Copyright Renewal Act of 1992" Subscriber access only

This act extends the copyright term of some works.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Missionaries' Sexual Misconduct Subscriber access only

Is a denomination liable for the misconduct of its missionaries?
Sexual Harassment

Employers' Liability for Sexual Harassment Subscriber access only

A Washington court recently ruled on this matter.
Employment Practices

Discrimination on the Basis of Alcohol and Tobacco Use Subscriber access only

Churches are exempted from a Missouri ban on this type of discrimination.
New York
Officers, Directors, and Trustees

Breach of Fiduciary Duties Subscriber access only

A court ruled that the directors of a charitable trust could be sued for breach of fiduciary duties.
Personal Injuries on Church Property or During Church Activities

Injuries in Church Parking Lots Subscriber access only

A woman sued a church after slipping and falling on their icy parking lot.
South Carolina
Personal Injuries on Church Property or During Church Activities

Member Sues Unincorporated Church Subscriber access only

He was injured while repairing the church's sound system.



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Immigration & the Church

Immigration & the Church Subscriber access only

Help with determining how to proceed legally with the issue of immigration
Avoiding Church Lawsuits

Avoiding Church Lawsuits Subscriber access only

Create proactive procedures to avoid common reasons why churches most often go to court.