Re: FW: Interesting question: Portland Archdiocese Filing Chapter 11

2004-07-07 Thread Christine A Corcos
I am posting some responses to the questions below from my colleague Jason Kilborn. His answers are in all caps. Christine Corcos Associate Professor of Law Faculty Graduate Studies Program Supervisor Paul M. Hebert Law Center, Louisiana State University Ok, here is an interesting one

RE: FW: Interesting question: Portland Archdiocese Filing Chapter 11

2004-07-07 Thread Volokh, Eugene
I much appreciate the response, but I thought I might ask a couple of follow-up questions. First, how would Chapter 11 law handle debtors who routinely give away goods and services, for the sake of giving them away? Businesses generally try to make money with nearly all their

American Jewish Congress v. Americorps and Notre Dame

2004-07-07 Thread Rick Garnett
Dear all, The district-court ruling in the AJC's Establishment Clause challenge to the Americorps Education Awards Program -- and, in particular, to the participation in the Program of teachers involved in Notre Dame's Alliance for Catholic Education -- is available at the AJC's website. The

RE: American Jewish Congress v. Americorps and Notre Dame

2004-07-07 Thread marc stern
The opinion, which I had tried to post Friday, speaks for itself at very great length. In would note that in many ways the program is most like the teacher subsidy program invalidated in Lemon. Under the Supreme Court's own rules of stare decisis, laid out most forcefully by Justice

RE: FW: Interesting question: Portland Archdiocese Filing Chapter 11

2004-07-07 Thread Von Keetch
Although Marci and Idisagree somewhat about the scope of the church autonomy doctrine, I certainly agree that there are some instances when courts can decide church issues by applying neutral principles of law. And it may be that, depending upon the actual circumstances in which the

Re: FW: Interesting question: Portland Archdiocese Filing Chapter 11

2004-07-07 Thread Steven Jamar
I doubt a court would tell a church to fire priests. But it could conceivably set limits on various line items in the budget, including total salaries for priests, physical plant budget, etc. Indeed, it seems it would need to so something like that. The church sought the protection of