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Church Law & Tax Report

July/August 1998
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Feature Article

Enforcing Donor Restrictions on Gifts to Charity Subscriber access only

A Connecticut court issues an important ruling-Herzog Foundation v. University of Bridgeport, 699  A.2d 995 (Conn. 1997) [Church Officers, Directors, and Trustees]

Responding to Allegations of Child Molestation Subscriber access only

A Washington state court issues in important ruling-Funkhouser v. Wilson, 950 P.2d 501 (Wash. App. 1998)

Religious Activities by Public School Students Subscriber access only

Many activities are permissible according to new Department of Education guidelines

Articles

Recent Developments

Recent Developments

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

Recent Developments in Ohio Regarding Church Business Meetings Subscriber access only

An Ohio court ruled that the members of a nonprofit corporation could not vote by proxy at a special business meeting since proxy voting was not authorized in the corporation's articles of incorporation or bylaws.
California

Recent Developments in California Regarding Spoliation of Evidence Subscriber access only

A California court ruled that a church could be sued for "spoliation of evidence" because it destroyed a vehicle that had been involved in an accident.
Federal

Recent Developments in Federal Court Regarding Copyright Subscriber access only

A federal court ruled that publishers can place the contents of magazines and other periodicals in online electronic databases and on CD-ROMs without obtaining the permission of writers whose articles were included in those periodicals.
Federal

Recent Developments in Federal Appeals Court Regarding Copyright Subscriber access only

A federal appeals court ruled that Andrew Lloyd Webber may have engaged in copyright infringement of a religious song composed by Ray Repp, a composer of liturgical music.
New Jersey

Recent Developments in New Jersey Regarding Employment Practices Subscriber access only

A New Jersey court ruled that a church acted properly in dismissing its music director for criminal acts.
Federal

Recent Developments in Federal Court Regarding Freedom of Religion - Part 1 Subscriber access only

A federal appeals court ruled that the constitution was not violated when a public high school choir performed religious songs and conducted a few of its concerts in churches.
New York

Recent Developments in New York Regarding Negligent Supervision Subscriber access only

A New York court ruled that a school was liable on the basis of negligent supervision for the rape of a 12-year-old girl that occurred when she left a school outing without permission.
Connecticut

Recent Developments in Connecticut Regarding Sexual Assaults and Church Vehicles Subscriber access only

A Connecticut court ruled that a school was liable for the physical and sexual assaults inflicted on an elementary school student while riding on a school bus.
Minnesota

Recent Developments in Minnesota Regarding Accidental Deaths and Liability Subscriber access only

A Minnesota court ruled that a pastor who accidentally killed a church trustee while deer hunting was not acting within the scope of his employment and therefore the church could not be liable for his negligence.
Colorado

Recent Developments in Colorado Regarding Sexual Misconduct and Fiduciary Duty Subscriber access only

A Colorado court addressed the liability of a church and denominational agency for a sexual relationship between a youth pastor and a girl in his youth group.
Alabama

Recent Developments in Alabama Regarding Background Checks Subscriber access only

An Alabama court ruled that a school was not liable for a teacher's acts of child molestation since it conducted a thorough background check before hiring him and did not violate its written policies.
New Jersey

Recent Developments in New Jersey Regarding Sexual Relationships with Counselees Subscriber access only

The New Jersey Supreme Court allowed a woman to sue her pastor and church as a result of a sexual relationship that was initiated by the pastor.
Arkansas

Recent Developments in Arkansas Regarding the Taxation of Church Property Subscriber access only

An Arkansas court ruled that a church and its surrounding grounds, including a parking lot, were exempt from property tax.
Federal

Recent Developments in Federal Court Regarding Freedom of Religion - Part 2 Subscriber access only

A federal appeals court ruled that a church's constitutional rights were not violated by a public school district rule prohibiting it from conducting religious worship on public school property.
Federal

Recent Developments in Federal Court Regarding Freedom of Religion - Part 3 Subscriber access only

A federal appeals court ruled that a city could not refuse to allow an evangelistic film on the life of Christ to be shown at a city-owned "senior citizen center."
Federal

Recent Developments in Federal Appeals Court Regarding Unemployment Taxes Subscriber access only

A federal appeals court ruled that the exemption of churches from unemployment taxes does not violate the first amendment's nonestablishment of religion clause.

ChurchSalary

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Increase Giving at Church

Increase Giving at Church Subscriber access only

Develop practical and digital strategies to cultivate a culture of giving.
Essential Guide to Copyright Law for Churches

Essential Guide to Copyright Law for Churches Subscriber access only

Richard Hammar explains how to avoid copyright infringement.