Every religious community in the US has reason to be concerned about its legal liability. This book provides a legal context for understanding and responding to relevant legal issues, while at the same time providing answers and directions on specific legal questions. The US is the most litigious country in the world. The sex abuse scandal has virtually bankrupted the American Roman Catholic Church. The breakup of the American Episcopal Church threatens innumerable lawsuits over ownership of church property. Every religious community in the US has reason to be concerned about its legal liability. In the course of their research, the two authors (one of whom is American and a graduate of Harvard Law School) found that Canadian and US law are pretty similar when it comes to law governing religious communities. This book provides a legal context for understanding and responding to relevant legal issues, while at the same time providing answers and directions on specific legal questions.

Table of Contents

Introduction: How to Use This Book; Part I: Governance and Decision Making; 1. Church Structure; 2. Governance; 3. Church Decision Making; 4. Alternative Dispute Resolution; 5. Preventing Harm and Risk Reduction; Part II: Civil Liability; 6. Civil Liability Overview; 7. Secular Courts; 8. Anatomy of a Lawsuit; 9. Direct and Vicarious Liability; 10. Intentional Torts; 11. Negligence; 12. Defamation; 13. Breach of Fiduciary Duty; 14. Religious Communication Privilege; Part III. Employment; 15. Employment Law; 16. Human Rights; 17. Privacy and Personal Information; 18. Confidentiality; Part IV: Property; 19. Church Property; 20. Occupiers' Liability; 21. Nuisance; Part V: American Law Background; 22. Sources of American Law; 23. Conclusion Glossary How to Find a Case Selected Bibliography Index.

Author Biography

David L. Blaikie teaches at Dalhousie University Law School in Halifax, Nova Scotia. He holds a law degree from Harvard Law School, where he was a Fulbright Scholar. He has a graduate degree in theology from Harvard Divinity School and an undergraduate degree from Gordon College in Wehham, Massachusetts. He is a member of the Presbyterian Church and coauthor wih Diana Ginn of The Legal Guide for Canadian Churches (Novalis, 2006). Diana Ginn is associate dean of Dalhousie University Law School in Halifax, Nova Scotia. She has law degrees from Osgoodie Hall Law School and Queen's University in Ontario and an undergraduate degree from Mount Allison in New Brunswick. She is a member of the United Church of Canada and is coauthor with David Blaikie of The Legal Guide for Canadian Churches (Novalis, 2006).