Tag: Supreme Court
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The Dionisije Conundrum and why deference doesn’t work
I’m assuming, in this short article, that you’ve read about Serbian Diocese v. Milivojevich. But for those who haven’t: the Serbian Holy Assembly deposed Bishop Dionisije Milivojevich, and Illinois courts basically overruled the deposition…
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Ecumenical Patriarch denied appeal of Bishop Dionisije
Well, this is interesting. Lately, I’ve been looking at the Supreme Court case Serbian Diocese v. Milivojevich, which pitted the representatives of the Serbian Church against the incumbent American bishop, Dionisije, who had been…
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Neutral Principles of Law and the Problems of Deference
So far, we’ve been discussing the role of civil courts in church property disputes in the context of the “deference” approach: that is, the courts will defer to the decisions of the highest church authorities. This was the…
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Serbian Diocese v. Milivojevich, Part 2: Justice Rehnquist’s Dissenting Opinion
In my last article, I wrote about Justice Brennan’s majority opinion in Serbian Diocese v. Milivojevich, the 1976 Supreme Court case that deferred to the Holy Assembly of the Serbian Church in its defrocking…
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Serbian Diocese v. Milivojevich, Part 1: Justice Brennan’s majority opinion
We’ve introduced the first major Supreme Court case dealing with Orthodoxy, Kedroff v. St. Nicholas Cathedral (1952). Today, we’ll begin an analysis of the other landmark case, Serbian Eastern Orthodox Diocese v. Milivojevich (1976).…
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1965 Yale Law Journal article on the Moscow-Metropolia Supreme Court case
In May 1965, the Yale Law Journal published a paper entitled, “Judicial Intervention in Church Property Disputes: Some Constitutional Considerations,” by Dennis E. Curtis. (For the lawyers reading this, the citation is 74 Yale…
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NY Times article on Moscow-Metropolia Supreme Court case
From the New York Times, November 25, 1952, page 31: U.S. COURT VOIDS ACT ON RUSSIAN CHURCH State Law to End Communist Sway in Orthodox Cathedral Here Is Upset by Ruling RELIGIOUS FREEDOM CITED…
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Moscow v. the Metropolia, part 4: initial impressions
To read my previous articles on the 1952 Supreme Court case Kedroff v. St. Nicholas Cathedral, click here. For the full text of the Supreme Court opinions, click here. In my last four articles,…
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Moscow v. the Metropolia in the Supreme Court, Part 3: Justice Jackson’s dissenting opinion
Lately, I’ve been analyzing the Kedroff v. St. Nicholas Cathedral, a landmark 1952 Supreme Court case. For all the articles I’ve written on the case, click here. In this article, I am focusing on…
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Moscow v. the Metropolia in the Supreme Court, Part 2: Justice Frankfurter’s concurring opinion
In my previous two articles (available here), I discussed the majority opinion in the 1952 Supreme Court case Kedroff v. St. Nicholas Cathedral. Today, I’ll discuss the concurring opinion of Justice Frankfurter. And just to be clear…