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Church Law & Tax Report

September/October 1995
Articles with a Member Access Only are available only to members.


Recent Developments

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

Arbitration Rulings in Church Disputes May Be Reviewed by Courts Member access only

But only if interpretation of religious doctrine is not involved, court rules.
Church Records

"Secret Archives" Cannot Prevent Some Records from Subpoena Member access only

Court ruling applies to documents that do not interfere with religious freedom.

Court Rules Statements to Priest Not Protected by Penitent Privilege Member access only

Statements were made when minister was not acting as a spiritual advisor.

Children Cannot Revoke Parent's Penitent Privilege Member access only

Massachusetts court makes surprise ruling.

Board Members May Be Legally Responsible for Organization's Negligence Member access only

Tennessee lawsuit highlights liability of nonprofit board. members

Court Holds Boy Scout Organization Responsible for Injury at Local Troop Activity Member access only

Surprising ruling leaves national organization open to lawsuits.

Church Liability for Accidents May Depend on Victim's Status Member access only

Court outcomes depend on whether a victim is "invitee," "licensee," or trespasser.
New York
Clergy Malpractice

No Case for Clergy Malpractice Member access only

Churches also not generally held responsible on basis of respondeat superior.

Transport Organizations May Be Liable for Assaults by Passengers Against Other Passengers Member access only

Illinois court rules against bus company in case of sexual assault by one minor against another.

Property Leased by For-Profits to Religious Groups May Not Be Tax Exempt Member access only

Case illustrates important need to address who pays property taxes in a rental agreement.