During its conference this Friday, April 12, the U.S. Supreme Court is expected to consider Elmbrook School District’s petition for a writ of certiorari seeking reversal of a decision issued last summer by the United States...more
Implementation of the Patient Protection and Affordable Care Act (PPACA) is in full swing. The law requires non-exempt religious organizations with fewer than 50 full-time employees to determine whether they are a large...more
In Rubin v. City of Lancaster, the Ninth Circuit Court of Appeals upheld a lower court’s determination that the city council’s invocation policy and practice did not amount to an unconstitutional establishment of religion....more
Overview: The Ninth Circuit recently upheld as constitutional a city council’s practice of opening its sessions with prayer. The court upheld the city’s policy concerning such prayers, which extended the invitation to lead...more
In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more
In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more
Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more
In public school, the constitutional tension can be high on these issues: students' and teachers' free speech rights; teachers' Free Exercise rights; the school's concern for the Establishment clause; when bullying begins;...more
In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...more
On November 16, 2102, in Tyndale House Publishers, Inc. v. Sebelius, No. 12-1635 (D. D.C. Nov. 16, 2012), the U.S. District Court for the District of Columbia granted a preliminary injunction to a closely held, for-profit...more
Most secular and religious corporations have adopted electronic communication policies which state that employees have no privacy interest in their emails and Internet usage. Typically, the policies indicate that the...more
In the 1990s, plaintiffs brought clergy malpractice and professional negligence claims against ministers, churches and denominations. The claims required allegations that a clergy member failed to exercise the standard of...more
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