Church Law & Tax Report
July/August 1998
Feature Article
Enforcing Donor Restrictions on Gifts to Charity 
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 
A Washington state court issues in important ruling-Funkhouser v. Wilson, 950 P.2d 501 (Wash. App. 1998)
Religious Activities by Public School Students 
Many activities are permissible according to new
Department of Education guidelines
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Recent Developments in Ohio Regarding Church Business Meetings 
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.
Recent Developments in California Regarding Spoliation of Evidence 
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.
Recent Developments in Federal Court Regarding Copyright 
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.
Recent Developments in Federal Appeals Court Regarding Copyright 
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.
Recent Developments in New Jersey Regarding Employment Practices 
A New Jersey court ruled that a church acted properly in dismissing its music director for criminal acts.
Recent Developments in Federal Court Regarding Freedom of Religion - Part 1 
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.
Recent Developments in New York Regarding Negligent Supervision 
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.
Recent Developments in Connecticut Regarding Sexual Assaults and Church Vehicles 
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.
Recent Developments in Minnesota Regarding Accidental Deaths and Liability 
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.
Recent Developments in Colorado Regarding Sexual Misconduct and Fiduciary Duty 
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.
Recent Developments in Alabama Regarding Background Checks 
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.
Recent Developments in New Jersey Regarding Sexual Relationships with Counselees 
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.
Recent Developments in Arkansas Regarding the Taxation of Church Property 
An Arkansas court ruled that a church and its surrounding grounds, including a parking lot, were exempt from property tax.
Recent Developments in Federal Court Regarding Freedom of Religion - Part 2 
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.
Recent Developments in Federal Court Regarding Freedom of Religion - Part 3 
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."
Recent Developments in Federal Appeals Court Regarding Unemployment Taxes 
A federal appeals court ruled that the exemption of churches from unemployment taxes does not violate the first amendment's nonestablishment of religion clause.