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Church Law & Tax Report

May/June 1994
Articles with a Member Access Only are available only to members.

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Recent Developments

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

Denominations' Liability for Sexual Misconduct Occurring in Churches Member access only

This case will be of interest to denominational officers.

Former Church Member Challenges Dismissal Member access only

Civil courts cannot resolve such cases.
Church Business Meetings

Removal of Church Elders Member access only

Established church procedures must be followed.
Breach of Contract; Retirement Plans

Termination of Retirement Benefits Member access only

Court rules that retired pastor can sue his former church for breaching its promise to pay him in retirement.
Fiduciary Duty; Retirement Plans

Fiduciary Duties of Pension Plans Member access only

Do pension plans have a duty to warn of the tax consequences of withdrawing funds?

Relevance of Previous Criminal Acts to Employment Decisions Member access only

Are prior criminal acts relevant in deciding whether to use a worker?

School Facility Use Member access only

Court rules that school may not forbid the use of its gymnasium for a baccalaureate service.

Court Jurisdiction Over Church Disputes Member access only

Civil courts will not intervene in ecclesiastical matters.

Termination of Seminary Professors Member access only

Court rules that professor cannot sue for wrongful dismissal.
New York
Confidential and Privileged Communications

Use of the Clergy-Penitent Privilege Member access only

When can the privilege be raised?

Instructional Purposes as "Fair Use" of Copyrighted Materials Member access only

Making copies of works for this purpose does not constitute "fair use".