Re: Connecticut bill

2009-03-12 Thread Marc Stern
The american jewish congress also filed a statement opposing the bill. 
Unfortunately we were not paid for our efforts either_and we could use the money
Marc stern

- Original Message -
From: religionlaw-boun...@lists.ucla.edu religionlaw-boun...@lists.ucla.edu
To: religionlaw@lists.ucla.edu religionlaw@lists.ucla.edu
Sent: Thu Mar 12 14:51:09 2009
Subject: Connecticut bill

The bishops have their own lawyers.  They did not commission the law 
professor's letter, and no one but the signers had any input into its content.  
Marci, even you agree that this bill was plainly unconstitutional, so it did 
not take a conspiracy of bishops to get me to say so.

If the real  question is whether anyone was paid to write that letter, the 
answer is no.  Not a penny.  I had no client that I could have billed, and even 
if I did, I do not bill commercial rates to clients on public interest matters. 
  Usually, I do not bill public interest clients at all.

Many people who saw the bill thought it was obviously unconstitutional, and 
they began turning for help in all directions.  I heard about it from Catholic 
lawyers, Protestant lawyers, two different list serves, and a Professor at at 
the Yale Law School.  No doubt the Connecticut bishops were encouraging their 
representatives to spread the word and seek help, and there may well be a chain 
of communications that leads back to the bishops.  But I cannot reconstruct 
that chain, they did not contact me directly, and no one in Connecticut 
answered my e-mail when I tried to ask a question about one of the details in 
the bill.  As far as I know, they had never heard of me and had other 
communications that seemed more important to attend to.  

The idea to circulate a draft for additional signatures was my own.  Many of 
the people I sent it to already knew about it; some heard about it from me.

 

 

Quoting hamilto...@aol.com:

 I would like to ask a point of information on the law profs letter to 
 Conn legis.  I am wondering if it was formally or informally 
 commissioned by the bishops.
 Marci
 Sent from my Verizon Wireless BlackBerry

 -Original Message-
 From: Marc Stern mst...@ajcongress.org

 Date: Thu, 12 Mar 2009 12:21:28
 To: religionlaw@lists.ucla.edu
 Subject: Re: NY Religious Corporations Law


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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

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Re: Connecticut bill

2009-03-12 Thread hamilton02
Thanks, Doug.  

Sent from my Verizon Wireless BlackBerry

-Original Message-
From: Douglas Laycock layco...@umich.edu

Date: Thu, 12 Mar 2009 14:51:09 
To: religionlaw@lists.ucla.edu
Subject: Connecticut bill


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Re: Connecticut bill

2009-03-12 Thread hamilton02
For the record I was not asking about money.  I was just struck by the bishops 
full page newspaper ad and wondered what else they might have done in response 
to a clearly unconstl law..  No offense at all intended.
Marci
Sent from my Verizon Wireless BlackBerry

-Original Message-
From: Marc Stern mst...@ajcongress.org

Date: Thu, 12 Mar 2009 15:34:16 
To: religionlaw@lists.ucla.edu
Subject: Re: Connecticut bill


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Re: Connecticut bill

2009-03-12 Thread Douglas Laycock


Fair enough.  I did not take offense.  I haven't seen the full page ad. 

Quoting hamilto...@aol.com:

 For the record I was not asking about money.  I was just struck by 
 the bishops full page newspaper ad and wondered what else they might 
 have done in response to a clearly unconstl law..  No offense at all 
 intended.
 Marci
 Sent from my Verizon Wireless BlackBerry

 -Original Message-
 From: Marc Stern mst...@ajcongress.org

 Date: Thu, 12 Mar 2009 15:34:16
 To: religionlaw@lists.ucla.edu
 Subject: Re: Connecticut bill


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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

Links:
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Re: Connecticut bill

2009-03-11 Thread SAMUEL M. KRIEGER
Just for the sake of perspective  on the proposed Connecticut legislation, I 
would welcome any comments on  Section 200   of   the New York Religious 
Corporations Law (codified in Article 10  applicable to Other Denominations - 
including Jewish Congregations ) compared  to sub- sections (e) and (h) of the 
proposed Connecticut legislation.

--

§  200.  Control  of  trustees  by  corporate  meetings;  salaries  of
  ministers. 

  A  corporate  meeting  of  an  incorporated  church,  whose
  trustees  are  elective  as  such, may give directions, not inconsistent
  with law, as to the manner in which any of the temporal affairs  of  the
  church   shall  be  administered  by  the  trustees  thereof;  and  such
  directions shall be  followed  by  the  trustees.  The  trustees  of  an
  incorporated  church  to which this article is applicable, shall have no
  power to settle or remove or fix the salary of the minister, or  without
  the  consent  of  a  corporate  meeting,  to  incur debts beyond what is
  necessary for the care of the property of the corporation; or to fix  or
  charge the time, nature or order of the public or social worship of such
  church,  except  when  such  trustees are also the spiritual officers of
  such church.  (emphasis supplied) 


The provison  has been  in   NY law in some form since 1813 and was  last  
amended in 1909 .


SAMUEL M. KRIEGER,ESQ.
Krieger  Prager LLP
39 Broadway
New York, NY 10006
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Re: Connecticut bill

2009-03-11 Thread Will Linden


  I have plenty of comments on it, as an officer of one of the other 
churches, after the court seemed to contrive a new hoop for us to jump 
through every week; but they probably would not get past the moderator. 
We're from the government, we're here to protect you.


  (Ironically, our church in Boston, where there is no such statute, might 
have benefited from some protection.)



On Wed, 11 Mar 2009, SAMUEL M. KRIEGER wrote:


Just for the sake of perspective  on the proposed Connecticut legislation, I would 
welcome any comments on  Section 200   of   the New York Religious Corporations Law 
(codified in Article 10  applicable to Other Denominations - including Jewish 
Congregations ) compared  to sub- sections (e) and (h) of the proposed Connecticut 
legislation.

--

§  200.  Control  of  trustees  by  corporate  meetings;  salaries  of
 ministers.

 A  corporate  meeting  of  an  incorporated  church,  whose
 trustees  are  elective  as  such, may give directions, not inconsistent
 with law, as to the manner in which any of the temporal affairs  of  the
 church   shall  be  administered  by  the  trustees  thereof;  and  such
 directions shall be  followed  by  the  trustees.  The  trustees  of  an
 incorporated  church  to which this article is applicable, shall have no
 power to settle or remove or fix the salary of the minister, or  without
 the  consent  of  a  corporate  meeting,  to  incur debts beyond what is
 necessary for the care of the property of the corporation; or to fix  or
 charge the time, nature or order of the public or social worship of such
 church,  except  when  such  trustees are also the spiritual officers of
 such church.  (emphasis supplied)


The provison  has been  in   NY law in some form since 1813 and was  last  
amended in 1909 .


SAMUEL M. KRIEGER,ESQ.
Krieger  Prager LLP
39 Broadway
New York, NY 10006



Will Linden  wlin...@panix.com
http://www.ecben.net/
Magic Code: MAS/GD S++ W++ N+ PWM++ Ds/r+ A- a++ C+ G- QO++ 666 Y___
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RE: Connecticut bill

2009-03-11 Thread Friedman, Howard M.
To the extent that the entire NY Religious Corporations Law is mandatory, as 
opposed to merely default provisions that apply in the absence of contrary 
rules in the organization's charter or bylaws, I think there are serious 
constitutional issues with very many of the internal governance provisions.

 

*
Howard M. Friedman 
Disting. Univ. Professor Emeritus
University of Toledo College of Law
Toledo, OH 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: howard.fried...@utoledo.edu 
* 



From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of SAMUEL M. KRIEGER
Sent: Wednesday, March 11, 2009 1:11 PM
To: Law  Religion issues for Law Academics
Subject: Re: Connecticut bill

 

Just for the sake of perspective  on the proposed Connecticut legislation, I 
would welcome any comments on  Section 200   of   the New York Religious 
Corporations Law (codified in Article 10  applicable to Other Denominations - 
including Jewish Congregations ) compared  to sub- sections (e) and (h) of the 
proposed Connecticut legislation.

 

--

 

§  200.  Control  of  trustees  by  corporate  meetings;  salaries  of
  ministers. 

 

  A  corporate  meeting  of  an  incorporated  church,  whose
  trustees  are  elective  as  such, may give directions, not inconsistent
  with law, as to the manner in which any of the temporal affairs  of  the
  church   shall  be  administered  by  the  trustees  thereof;  and  such
  directions shall be  followed  by  the  trustees.  The  trustees  of  an
  incorporated  church  to which this article is applicable, shall have no
  power to settle or remove or fix the salary of the minister, or  without
  the  consent  of  a  corporate  meeting,  to  incur debts beyond what is
  necessary for the care of the property of the corporation; or to fix  or
  charge the time, nature or order of the public or social worship of such
  church,  except  when  such  trustees are also the spiritual officers of
  such church.  (emphasis supplied) 


 

The provison  has been  in   NY law in some form since 1813 and was  last  
amended in 1909 .

 

 

SAMUEL M. KRIEGER,ESQ.
Krieger  Prager LLP
39 Broadway
New York, NY 10006

___
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RE: Connecticut bill

2009-03-11 Thread Marc Stern
In New York, a religious institution is generally permitted to register under 
the secular not for profit corporation law.



From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Friedman, Howard M.
Sent: Wednesday, March 11, 2009 2:54 PM
To: Law  Religion issues for Law Academics
Subject: RE: Connecticut bill



To the extent that the entire NY Religious Corporations Law is mandatory, as 
opposed to merely default provisions that apply in the absence of contrary 
rules in the organization's charter or bylaws, I think there are serious 
constitutional issues with very many of the internal governance provisions.

 

*
Howard M. Friedman 
Disting. Univ. Professor Emeritus
University of Toledo College of Law
Toledo, OH 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: howard.fried...@utoledo.edu 
* 



From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of SAMUEL M. KRIEGER
Sent: Wednesday, March 11, 2009 1:11 PM
To: Law  Religion issues for Law Academics
Subject: Re: Connecticut bill

 

Just for the sake of perspective  on the proposed Connecticut legislation, I 
would welcome any comments on  Section 200   of   the New York Religious 
Corporations Law (codified in Article 10  applicable to Other Denominations - 
including Jewish Congregations ) compared  to sub- sections (e) and (h) of the 
proposed Connecticut legislation.

 

--

 

§  200.  Control  of  trustees  by  corporate  meetings;  salaries  of
  ministers. 

 

  A  corporate  meeting  of  an  incorporated  church,  whose
  trustees  are  elective  as  such, may give directions, not inconsistent
  with law, as to the manner in which any of the temporal affairs  of  the
  church   shall  be  administered  by  the  trustees  thereof;  and  such
  directions shall be  followed  by  the  trustees.  The  trustees  of  an
  incorporated  church  to which this article is applicable, shall have no
  power to settle or remove or fix the salary of the minister, or  without
  the  consent  of  a  corporate  meeting,  to  incur debts beyond what is
  necessary for the care of the property of the corporation; or to fix  or
  charge the time, nature or order of the public or social worship of such
  church,  except  when  such  trustees are also the spiritual officers of
  such church.  (emphasis supplied) 


 

The provison  has been  in   NY law in some form since 1813 and was  last  
amended in 1909 .

 

 

SAMUEL M. KRIEGER,ESQ.
Krieger  Prager LLP
39 Broadway
New York, NY 10006

___
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Re: Connecticut bill

2009-03-10 Thread Steven Jamar

Well done, Doug et al.

While the signers of the letter disagree on a topic or two in the area  
of religious freedom and constitutional interpretation of the religion  
clauses, there is a huge breadth of space over which they and I  
suspect nearly all constitutional law experts agree.  This is clearly  
one of the easy ones.


Con Law books emphasize boundaries and hard cases.  I regularly try to  
draw my students back to thinking about just how much is in fact  
settled and how clearly constitutional most of the efforts of  
Congress, the Court, the Executive, and the states in fact are.  While  
the areas of dispute are oftentimes very important, we can sometimes  
(and maybe generally do) exaggerate their importance because they are  
the hot issues of the moment.  This bill, the response to it, and  
Doug's letter serve to remind us that we agree on much.


They also serve to remind us that even in settled, clear areas,  
people, whether well-meaning or otherwise, can act improperly and that  
indeed the price of liberty is eternal vigilance. Wendell Phillips  
(1811–84) http://www.bartleby.com/73/1073.html (often attributed to  
Thomas Jefferson, though no one has found where he said or wrote it).


Thanks.

Steve

--
Prof. Steven D. Jamar vox:  202-806-8017
Associate Director, Institute of Intellectual Property and Social  
Justice http://iipsj.org

Howard University School of Law   fax:  202-806-8567
http://iipsj.com/SDJ/

Nothing that is worth anything can be achieved in a lifetime;  
therefore we must be saved by hope.


Reinhold Neibuhr



On Mar 10, 2009, at 5:29 PM, Douglas Laycock wrote:

Earlier today we discussed a bill in Connecticut to impose  
Protestant forms of church governance on the Catholic Church.  The  
bill has been pulled and tomorrow's hearing has been cancelled,  
apparently due to a flood of calls to legislators.  Church leaders  
in Connecticut are not convinced that the issue is fully dead.   
Maybe they are right; maybe they are just being cautious.


If the link below actually works, you can find there a copy of the  
bill, and a copy of a letter that twelve of us sent to the Committee  
Co-Chairs.  We cannot take credit for killing the bill; they  
apparently pulled it before our letter was delivered.  I hope we can  
take credit for a good explanation of why it is clearly  
unconstitutional.


http://www-personal.umich.edu/~laycockd/

The breadth of agreement that this one was unconstitutional, which  
extends far beyond the signers of this letter, is encouraging.


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___
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Re: Connecticut bill

2009-03-10 Thread Alan Leigh Armstrong
The fun is in the matters that are close to the line.

Whenever the law draws a line, there will be cases very near each  
other on opposite sides. The precise course of the line may be  
uncertain, but no one can come near it without knowing that he does  
so…. Oliver Wendell Holmes, Jr. U.S. v. Wurzbach (1930) 280 US 396.

On the other hand there are those cases that are so far from the line  
that, even if you are on the side of the offending party, you wonder:  
WHAT WERE THEY THINKING?

Alan Armstrong

Law Office of Alan Leigh Armstrong
Serving the Family and Small Business Since 1984
18652 Florida St., Suite 225
Huntington Beach CA 92648-6006
714-375-1147  Fax 714-782 6007
a...@alanarmstrong.com
alanarmstrong@verizon.net
KE6LLN
All documents prepared on Macintosh computers to look better



On Mar 10, 2009, at 3:40 PM, Steven Jamar wrote:

 Well done, Doug et al.

 While the signers of the letter disagree on a topic or two in the  
 area of religious freedom and constitutional interpretation of the  
 religion clauses, there is a huge breadth of space over which they  
 and I suspect nearly all constitutional law experts agree.  This is  
 clearly one of the easy ones.

 Con Law books emphasize boundaries and hard cases.  I regularly try  
 to draw my students back to thinking about just how much is in fact  
 settled and how clearly constitutional most of the efforts of  
 Congress, the Court, the Executive, and the states in fact are.   
 While the areas of dispute are oftentimes very important, we can  
 sometimes (and maybe generally do) exaggerate their importance  
 because they are the hot issues of the moment.  This bill, the  
 response to it, and Doug's letter serve to remind us that we agree  
 on much.

 They also serve to remind us that even in settled, clear areas,  
 people, whether well-meaning or otherwise, can act improperly and  
 that indeed the price of liberty is eternal vigilance. Wendell  
 Phillips (1811–84) http://www.bartleby.com/73/1073.html (often  
 attributed to Thomas Jefferson, though no one has found where he  
 said or wrote it).

 Thanks.

 Steve


 -- 
 Prof. Steven D. Jamar vox:  202-806-8017
 Associate Director, Institute of Intellectual Property and Social  
 Justice http://iipsj.org
 Howard University School of Law   fax:  202-806-8567
 http://iipsj.com/SDJ/



 Nothing that is worth anything can be achieved in a lifetime;  
 therefore we must be saved by hope.

 Reinhold Neibuhr



 On Mar 10, 2009, at 5:29 PM, Douglas Laycock wrote:

 Earlier today we discussed a bill in Connecticut to impose  
 Protestant forms of church governance on the Catholic Church.  The  
 bill has been pulled and tomorrow's hearing has been cancelled,  
 apparently due to a flood of calls to legislators.  Church leaders  
 in Connecticut are not convinced that the issue is fully dead.   
 Maybe they are right; maybe they are just being cautious.

 If the link below actually works, you can find there a copy of the  
 bill, and a copy of a letter that twelve of us sent to the  
 Committee Co-Chairs.  We cannot take credit for killing the bill;  
 they apparently pulled it before our letter was delivered.  I hope  
 we can take credit for a good explanation of why it is clearly  
 unconstitutional.

 http://www-personal.umich.edu/~laycockd/

 The breadth of agreement that this one was unconstitutional, which  
 extends far beyond the signers of this letter, is encouraging.

 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

 ___
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 members can (rightly or wrongly) forward the messages to others.

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Re: Connecticut bill

2009-03-10 Thread Steven Jamar
you are welcome -- and thanks for the current best info on the origin of the
phrase.

steve

On Tue, Mar 10, 2009 at 8:25 PM, Douglas Laycock layco...@umich.edu wrote:

 Thanks, Steve.

 I was one of those people who once attributed eternal vigilance is the
 price of liberty to Jefferson.  In belatedly tracking down a footnote, I
 found an earlier source than Wendell Phillips for the core of the idea, if
 not the pithy and commonly remembered phrasing.

 The condition upon which god hath given liberty to man is eternal
 vigilance; which condition if he break, servitude is at once the consequence
 of his crime and the punishment of his guilt.

John Philpot Curran, Speech upon the Right
 of Election of the Lord Mayor of Dublin, July 10, 1790

 This according to Bartlett's 16th edition.



 Quoting Steven Jamar stevenja...@gmail.com:

  Well done, Doug et al.
 
  While the signers of the letter disagree on a topic or two in the
  area  of religious freedom and constitutional interpretation of the
  religion  clauses, there is a huge breadth of space over which they
  and I  suspect nearly all constitutional law experts agree.  This is
  clearly  one of the easy ones.
 
  Con Law books emphasize boundaries and hard cases.  I regularly try
  to  draw my students back to thinking about just how much is in fact
  settled and how clearly constitutional most of the efforts of
  Congress, the Court, the Executive, and the states in fact are.
  While  the areas of dispute are oftentimes very important, we can
  sometimes  (and maybe generally do) exaggerate their importance
  because they are  the hot issues of the moment.  This bill, the
  response to it, and  Doug's letter serve to remind us that we agree
  on much.
 
  They also serve to remind us that even in settled, clear areas,
  people, whether well-meaning or otherwise, can act improperly and
  that  indeed the price of liberty is eternal vigilance. Wendell
  Phillips  (1811?84) http://www.bartleby.com/73/1073.html (often
  attributed to  Thomas Jefferson, though no one has found where he
  said or wrote it).
 
  Thanks.
 
  Steve
 
  --
  Prof. Steven D. Jamar vox:  202-806-8017
  Associate Director, Institute of Intellectual Property and Social
  Justice http://iipsj.org
  Howard University School of Law   fax:  202-806-8567
  http://iipsj.com/SDJ/
 
  Nothing that is worth anything can be achieved in a lifetime;
  therefore we must be saved by hope.
 
  Reinhold Neibuhr
 
 
 
  On Mar 10, 2009, at 5:29 PM, Douglas Laycock wrote:
 
  Earlier today we discussed a bill in Connecticut to impose
  Protestant forms of church governance on the Catholic Church.  The
  bill has been pulled and tomorrow's hearing has been cancelled,
  apparently due to a flood of calls to legislators.  Church leaders
  in Connecticut are not convinced that the issue is fully dead.
  Maybe they are right; maybe they are just being cautious.
 
  If the link below actually works, you can find there a copy of the
  bill, and a copy of a letter that twelve of us sent to the Committee
   Co-Chairs.  We cannot take credit for killing the bill; they
  apparently pulled it before our letter was delivered.  I hope we can
   take credit for a good explanation of why it is clearly
  unconstitutional.
 
  http://www-personal.umich.edu/~laycockd/http://www-personal.umich.edu/%7Elaycockd/
 
  The breadth of agreement that this one was unconstitutional, which
  extends far beyond the signers of this letter, is encouraging.
 
  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.
 
 



 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.




-- 
Prof. Steven Jamar
Howard University School of Law
Associate Director, Institute of Intellectual Property and Social Justice