Unsure whether a current instance is responsive, but here it is, from the Feb. 2007 issue of "Episcopal Life", p. 20: "The Executive Board of the Episcopal Diocese of Virginia on Jan. 18 authorized Bishop Peter Lee to 'take such steps as may be necessary to recover or secure such real and personal property' of 11 congregations where a majority of the members and leaders have left the Episcopal Church." There have been no "immediate actions".
Daniel G. Gibbens Regents' Professor of Law Emeritus University of Oklahoma ________________________________ From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock Sent: Wednesday, February 07, 2007 7:43 PM To: religionlaw@lists.ucla.edu Subject: Re: Question from a reporter This is very helpful. Of course, this is only reported cases A more complete data set for the years it covers is the Religious Freedom Reporter, which runs from 1981 I think to the late 90s (or maybe the very early 2000s). Finding a library with a complete set can sometimes be a challenge. They had a network of lawyers sending them cases they knew about, so they pick up a fair number of trial court cases that never got reported. Still not a complete population I'm sure. Quoting "Hassler, Jeffrey (student)" <[EMAIL PROTECTED]>: > I'm just a law student, but I've been working on a student comment on > civil court resolution of church property disputes, and there are at > least some figures out there about church property cases in courts. > I've pasted below a paragraph from my article discussing some informal > research on the subject done by Prof. Greenawalt: > > Jeff > > ------------ > > Church property disputes will never be the bread and butter of the civil > courts, but that doesn't mean controversies don't arise on a regular > basis. In 1998, Professor Greenawalt noted that courts have heard an > average of about 119 church property cases each decade since 1948.[1] > <outbind://105/#_ftn1 <https://web.mail.umich.edu/horde/services/go.php?url=outbind%3A%2F%2F10 5%2F%23_ftn1> > The numbers reflect slight increases during > periods of particular doctrinal disputation. In the decade since > Professor Greenawalt's tabulation, there were approximately 91 church > property cases heard in the U.S.;[2] <outbind://105/#_ftn2 <https://web.mail.umich.edu/horde/services/go.php?url=outbind%3A%2F%2F10 5%2F%23_ftn2> > this figure > is consistent with earlier trends and the pattern indicates the > possibility that the number is rising again, perhaps in response to the > increase in intradenominational strife described above. > > ________________________________ > > > [1] <outbind://105/#_ftnref1 <https://web.mail.umich.edu/horde/services/go.php?url=outbind%3A%2F%2F10 5%2F%23_ftnref1> > Kent Greenawalt, Hands Off! Civil Court > Involvement in Conflicts over Religious Property, 98 Colum. L. Rev. > 1843, 1844 n.1. (1998). Professor Greenawalt's findings are as follows: > > The following data show the approximate number of reported cases in both > federal and state courts over a period of fifty years (amassed through a > Westlaw search). The numbers reflect each time a different court had to > address the issue of church property; thus, appeals are counted > separately. From 1948 to 1957, there were approximately 166 cases; from > 1958-1967, roughly 109; from 1968-1977, 115 cases; from 1978-1987, 123 > cases; from 1988-1997, 81. (This search was done in Oct. 1998, in the > "Allcases" database). > > Id. > > > > [2] <outbind://105/#_ftnref2 <https://web.mail.umich.edu/horde/services/go.php?url=outbind%3A%2F%2F10 5%2F%23_ftnref2> > This search was conducted in January > 2007, using the criteria discussed in the previous note. It reflects > only nine years rather than a full decade, and thus will almost > certainly under-represent the actual figure for the ten years following > Professor Greenawalt's search. > > > > ----------- > > _______________ > Jeff Hassler > Pepperdine School of Law > 24255 Pacific Coast Hwy #0028 > Malibu, CA 90263-0028 > 310.506.3920 > > > > -----Original Message----- > > From: Volokh, Eugene <[EMAIL PROTECTED]> > Date: Feb 7, 2007 6:27 PM > Subject: Question from a reporter > To: Law & Religion issues for Law Academics < > religionlaw@lists.ucla.edu <mailto:religionlaw@lists.ucla.edu> > > > A reporter asked me: "Is it my imagination, or are > denominations and > members increasingly turning to the courts to settle disputes. > [I've > seen] current disputes within the Catholic, Episcopal, Missouri > > Lutheran faiths -- and there are doubtless more that I don't > know about. > There are issues of personnel and property. Does anyone track > such a > thing, or has the issue been studied?" I didn't have an answer, > but > offered to ask on-list. Any thoughts on this? Thanks, > > Eugene > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw <https://web.mail.umich.edu/horde/services/go.php?url=http%3A%2F%2Flists .ucla.edu%2Fcgi-bin%2Fmailman%2Flistinfo%2Freligionlaw> > > Please note that messages sent to this large list cannot be > viewed as private. Anyone can subscribe to the list and read messages > that are posted; people can read the Web archives; and list members can > (rightly or wrongly) forward the messages to others. > > > > Douglas Laycock Yale Kamisar Collegiate Professor of Law University of Michigan Law School 625 S. State St. Ann Arbor, MI 48109-1215 734-647-9713
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
