39 Am. U. L. Rev. 513 (1989-1990)
Civil Court Resolution of Property Disputes among Religious Organizations

handle is hein.journals/aulr39 and id is 527 raw text is: ARTICLES
CIVIL COURT RESOLUTION OF
PROPERTY DISPUTES AMONG
RELIGIOUS ORGANIZATIONS
PATrY GERSTENBLITH*
TABLE OF CONTENTS,
Introduction  ................................................  513
I. Historical and Constitutional Framework ............... 517
II. Supreme Court Decisions .............................. 521
III. State Court Decisions AfterJoNEs v. WOLF .............. 529
A. Compulsory Deference Approach .................. 531
B. Hybrid Neutral Principles and Deference Approach    534
C. Strict Neutral Principles Approach ................. 543
IV. Neutral Principles of Law .............................. 550
A. Trust and Property Law ........................... 550
B. Other Sources of Neutral Legal Principles-
Contract and Corporate Law ...................... 566
Conclusion  .................................................  571
INTRODUCTION
Most jurisprudence concerning the -religion clauses of the first
amendment directly addresses the relationship between a govern-
mental activity and a religious activity. This relationship is generally
examined either from the perspective of a governmental benefit or
exemption granted to religious groups or to individuals on the basis
* Associate Professor of Law, DePaul University College of Law; A.B., Bryn Mawr Col-
lege, 1971; Ph.D., Harvard University, 1977; J.D., Northwestern University School of Law,
1983. I want to acknowledge the support of the DePaul University College of Law Summer
Research Grant program and to thank Neil Wolf, Richard Danaher, Sarah Kahn and Anita
Bolanos for their assistance in preparing this Article.

513

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