Understanding Federal law and the Practice of Religion: Church Autonomy Doctrine, use of property, employment law, funding of religious schools, and vaccine mandates

Brody Hale
Brody Hale | Law Office of Brody Hale

Brody Hale is a native of Tyringham in Southern Berkshire County MA. He concentrates his practice in several areas of law, with a special focus on legal issues associated with nonprofit organizations and social entrepreneurship. Brody had guided over two dozen nonprofit entities through the process of obtaining their corporate status and recognition as tax-exempt organizations by the Internal Revenue Service.

On-Demand: September 23, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Defining the detentions of the relationship between religion and the state has occupied the minds and careers of legal practitioners from the time of our nation’s founding. While the First Amendment to the Constitution of the United States contains the “Establishment” and “Free Exercise” clauses which make clear that there shall be no state religion and that all Americans shall have the freedom to address questions of religious belief as they see fit respectively, more nuanced questions, such as the right of the right of government to regulate questions of employment in religious settings continue to occupy federal courts to the present day. This course will begin with a brief overview of the origins and development of the relationship which exists between federal law and the practice of religion, including the scope of the Establishment and Free Exercise clauses of the U.S. Constitution’s First Amendment, and their application to the states through the Fourteenth Amendment and the Doctrine of Incorporation. We will then examine what types of cases federal courts can hear related to religious practice and religious institutions, and which are barred as a matter of subject matter jurisdiction. Special focus will be given to the “Church Autonomy Doctrine.” We will then spend the remainder of the course exploring those cases which have been decided in the last year which impact religiousinstitutions  in such areas as control and use of property, employment law, the funding of religious schools and enforcement of vaccine mandates in the wake of the COVID 19 pandemic.

Key topics to be discussed:

  • U.S. Constitutional Law
  • Establishment and Free Exercise Clauses of the First Amendment
  • Fourteenth Amendment, Doctrine of Incorporation
  • Doctrine of Incorporation
  • Doctrine of Autonomy
  • Employment Law
  • School Funding
  • Property Rights

Closed-captioning available

Speakers

Brody Hale_myLawCLEBrody Hale | Law Office of Brody Hale

Brody Hale is a native of Tyringham in Southern Berkshire County MA. He concentrates his practice in several areas of law, with a special focus on legal issues associated with nonprofit organizations and social entrepreneurship. Brody had guided over two dozen nonprofit entities through the process of obtaining their corporate status and recognition as tax-exempt organizations by the Internal Revenue Service. He also handles matters in the areas of estate planning, municipal law, environmental conservation, education and real estate, having represented clients before municipal boards and the Massachusetts Land Court. He holds a BA from Tufts University, a JD from Boston College Law School, and an MPP from Columbia University’s School of International and Public Affairs. He is licensed to practice law in Massachusetts and New York.

Prior to practicing law, Brody taught sixth, seventh, and eighth grade students in New Orleans LA as a Teach for America corps member and served as a Fulbright Scholar in South Korea, teaching conversational English to university students. He also has spent nearly a decade providing pro bono consulting services internationally to those who have sought to preserve  historic Catholic churches.

Brody is a member of various boards, serving as an officer of the Tyringham Historical Association. Additionally, he serves as a member of the board of directors of the St. Joseph Church Preservation Society (Cabery IL,) the St. Michael Church Preservation Society (Atlantic City NJ,) JAGH (Columbus OH,) and is a co-founder and president of the St. Stephen Protomartyr Project, all organizations that actively engage in efforts to conserve and preserve historic Roman Catholic churches either exclusively or as part of their broader mission. His work in this arena has been written of in the Boston Globe Sunday Magazine, the Chicago Sun Times, the Pittsburgh Post-Gazette, the Worcester Telegram, the Fall River Herald, and the National Catholic Register.

Agenda

I. U.S. Constitutional Law | 1:00pm – 1:15pm

II. Establishment and Free Exercise Clauses of the First Amendment | 1:15pm – 1:30pm

III. Fourteenth Amendment, Doctrine of Incorporation | 1:30pm – 1:45pm

IV. Doctrine of Incorporation | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm 

V. Doctrine of Autonomy | 2:10pm – 2:25pm

VI. Employment Law | 2:25pm – 2:40pm

VII. School Funding | 2:40pm – 2:55pm

VIII. Property Rights | 2:55pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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