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Ministerial Exception
The ministerial exception, sometimes known as the "ecclesiastical exception," is a legal doctrine in the United States barring the application of anti-discrimination laws to religious institutions' employment relationships with its "ministers." As explained by the Supreme Court in the landmark case '' Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C.'', the exception is drawn from the First Amendment to the United States Constitution, and seeks to both (1) safeguard religious groups' "freedom . . . to select their own ministers," a principle rooted in the Free Exercise Clause, and (2) prevent "government involvement in [] ecclesiastical decisions," a prohibition stemming from the Establishment Clause. When applied, the exception operates to give religious institutions an affirmative defense when sued for discrimination by employees who qualify as "ministers;" for example, female priests cannot sue the Catholic church to force their hiring. However, exactly which type ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * '' Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lutheran Church–Missouri Synod
The Lutheran Church—Missouri Synod (LCMS), also known as the Missouri Synod, is a traditional, confessional Lutheran denomination in the United States. With 1.8 million members, it is the second-largest Lutheran body in the United States. The LCMS was organized in 1847 at a meeting in Chicago, Illinois, as the German Evangelical Lutheran Synod of Missouri, Ohio, and Other States (german: Die Deutsche Evangelisch-Lutherische Synode von Missouri, Ohio und andern Staaten), a name which partially reflected the geographic locations of the founding congregations. The LCMS has congregations in all 50 U.S. states and two Canadian provinces, but over half of its members are located in the Midwest. It is a member of the International Lutheran Council and is in altar and pulpit fellowship with most of that group's members. The LCMS is headquartered in Kirkwood, Missouri, and is divided into 35 districts—33 of which are geographic and two (the English and the SELC) non-geographic. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid digital media, digital subscribers. It also is a producer of popular podcasts such as ''The Daily (podcast), The Daily''. Founded in 1851 by Henry Jarvis Raymond and George Jones (publisher), George Jones, it was initially published by Raymond, Jones & Company. The ''Times'' has won List of Pulitzer Prizes awarded to The New York Times, 132 Pulitzer Prizes, the most of any newspaper, and has long been regarded as a national "newspaper of record". For print it is ranked List of newspapers by circulation, 18th in the world by circulation and List of newspapers in the United States, 3rd in the U.S. The paper is owned by the New York Times Company, which is Public company, publicly traded. It has been governed by the Sulzberger family since 189 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Linda Greenhouse
Linda Joyce Greenhouse (born January 9, 1947) is an American legal journalist who is the Knight Distinguished Journalist in Residence and Joseph M. Goldstein Lecturer in Law at Yale Law School. She is a Pulitzer Prize-winning reporter who covered the United States Supreme Court for nearly three decades for ''The New York Times''. She is the president of the American Philosophical Society (since 2017), and a member of the Phi Beta Kappa Senate. Early life and education Greenhouse was born in a Jewish family in New York City, to H. Robert Greenhouse, a physician and professor of psychiatry at Harvard Medical School, and Dorothy (née Greenlick). She received her Bachelor of Arts degree in government from Radcliffe College in 1968, where she was elected to Phi Beta Kappa. She received her Master of Studies in Law from Yale Law School in 1978. Career Greenhouse began her 40-year career at ''The New York Times'' covering state government in the paper's bureau in Albany. After complet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accounta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1991. After Marshall, Thomas is the second African American to serve on the Court and its longest-serving member since Anthony Kennedy's retirement in 2018. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but was frustrated over the church's insufficient attempts to combat racism. He abandoned his aspiration of becoming a clergyman to attend the College of the Holy Cross and, later, Yale Law School, where he was influenced by a number of conservative authors, notably Thomas Sowell, who dramatically shifted his worldview from progres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ordination
Ordination is the process by which individuals are consecrated, that is, set apart and elevated from the laity class to the clergy, who are thus then authorized (usually by the denominational hierarchy composed of other clergy) to perform various religious rites and ceremonies. The process and ceremonies of ordination vary by religion and denomination. One who is in preparation for, or who is undergoing the process of ordination is sometimes called an ordinand. The liturgy used at an ordination is sometimes referred to as an ordination. Christianity Roman Catholic, Orthodox, Lutheran and Anglican churches In Roman Catholicism and Orthodoxy, ordination is one of the seven sacraments, variously called holy orders or '' cheirotonia'' ("Laying on of Hands"). Apostolic succession is considered an essential and necessary concept for ordination in the Catholic, Orthodox, High Church Lutheran, Moravian, and Anglican traditions, with the belief that all ordained clergy are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elena Kagan
Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination, nominated by President Barack Obama on May 10, 2010, and has served since August 7, 2010. Kagan is the fourth woman to become a member of the Court. Kagan was born and raised in New York City. After graduating from Princeton University, Worcester College, Oxford, and Harvard Law School, she clerked for a federal Court of Appeals judge and for Supreme Court Justice Thurgood Marshall. She began her career as a professor at the University of Chicago Law School, leaving to serve as Associate White House Counsel, and later as a policy adviser under President of the United States, President Bill Clinton. After a nomination to the United States Court of Appeals for the D.C. Circuit, which expired without action, she became a professor at Harvar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served since January 31, 2006. He is the second Italian American justice to serve on the U.S. Supreme Court—after Antonin Scalia—and the eleventh Catholic. Raised in Hamilton Township, New Jersey, and educated at Princeton University and Yale Law School, Alito served as the U.S. Attorney for the District of New Jersey and a judge on the U.S. Court of Appeals for the Third Circuit (Philadelphia, Pennsylvania) before joining the Supreme Court. He is the 110th justice. In 2013, Alito was considered "one of the most conservative justices on the Court". Granick, Jennifer and Sprigman, Christopher (June 27, 2013"The Criminal N.S.A.", ''The New York Times'' He has described himself as a "practical originalist". Alito's majority opinions in la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Americans With Disabilities Act Of 1990
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations. In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988. A broad bipartisan coalition of legislators supported the ADA, while the bill was opposed by business interests (who argued the bill imposed costs on business ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' National Federation of Independent Business v. Sebelius,'' ''Shelby County v. Holder'', and ''Riley v. California''. He has been described as having a conservative judicial philosophy but, above all, is an institutionalist. He has shown a willingness to work with the Supreme Court's liberal bloc, and after the retirement of Anthony Kennedy in 2018, he has been regarded as the primary swing vote on the Court. However, Roberts is no longer regarded as the Court's median vote following the replacement of Ruth Bader Ginsburg by Amy Coney Barrett in 2020. Roberts grew up in northwestern Indiana and was educated in a series of Catholic schools. He studied history at Harvard University and then attended Harvard Law School, where he was managing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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