Administrative Law Practice Group
The Federalist Society's 2008 Tax Policy Conference titled "Our Nation's Founding Principles and Our Tax Code - Consistent or In Conflict?" was held at the National Press Club in Washington, DC, on May 7, 2008. This panel featured Prof. Lily Batchelder of the NYU School of Law, Mr. Leonard E. Burman, Director of the Tax Policy Institute, Urban Institute, Mr. Stephen J. Entin of The Institute for Research on the Economics of Taxation, and Hon. Eileen J. O'Connor of Pillsbury Winthrop Shaw Pittman LLP, and former Assistant Attorney General for the Tax Division of the U.S. Department of Justice, as the moderator.
A Religious Organization's Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment Engage Volume 13, Issue 1, March 2012
Carl H. Esbeck March 22, 2012
In the second week of January, the U.S. Supreme Court handed down its unanimous decision in Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission. The case involved a fourth-grade teacher, Cheryl Perich, suing her employer, a church-based school, alleging retaliation for having asserted her rights under the Americans with Disability Act (ADA). The Equal Employment Opportunity Commission filed the original suit, and the teacher intervened as a party. In the lower federal courts Hosanna-Tabor raised the “ministerial exception,” which recognizes that under the First Amendment religious organizations have the authority to select their own ministers—which necessarily entails not just initial hiring but also promotion, retention, and other terms and conditions of employment. Over the last forty years the ministerial exception has been recognized by every federal circuit to have considered it. Indeed, the exception overrides not just the ADA but also a number of venerable employment nondiscrimination civil rights statutes. Just who is a “minister,” however, has varied somewhat from circuit to circuit—and in any event the Supreme Court had never taken a case involving the ministerial exception. [Read more!]
ABA House of Delegates Considers Policies on Religious Profiling, SLAPPs, and Campaign Finance ABA Watch August 2012
August 03, 2012
The Section of Individual Rights and Responsibilities Criminal Justice Section has proposed Recommendation 116 to amend its most recent policy passed in 2008 regarding racial and ethnic profiling. The sponsors request that federal, state, local, and territorial governments enact legislation, policies, and procedures to eliminate the use of perceived or known religious affiliation when suggesting an individual is engaged in criminal activity in the absence of specific and articulable facts... [Read more!]