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50 Jurist 351 (1990)
McGrath, Maida, Michiels: Introduction to a Study of the Canonical and Civil-Law Status of Church-Related Institutions in the United States

handle is hein.journals/juristcu50 and id is 357 raw text is: THE JURIST 50 (1990) 351-401 MCGRATH, MAIDA, MICHIELS: INTRODUCTION TO A STUDY OF THE CANONICAL AND CIVIL-LAW STATUS OF CHURCH-RELATED INSTITUTIONS IN THE UNITED STATES ROBERT T. KENNEDY* In 1968, the late John J. McGrath, then Associate Professor of Comparative Law at The Catholic University of America, published a monograph on the canonical and civil-law status of colleges, universi- ties, hospitals, orphanages, and other charitable institutions conducted under Catholic auspices and incorporated under state or federal law.' Praised by some, criticized by others, the controversial McGrath pub- lication aroused interest in long-neglected issues of ownership and control of incorporated Catholic institutions in the United States. The issues are important and complex, more complex now than when Mc- Grath published his monograph. They involve not only the conflicting claims of two legal systems, the canonical and the American, but also the differing legal provisions of two codes of canon law (1917 and 1983) and fifty-one American jurisdictions (federal and state). The complexity is enhanced by the dissimilarity of the many institutions involved, some educational, some devoted to health-care, some in neither of these categories. In the midst of such complexity, general- izations tend to be simplistic, and accurately nuanced assertions elu- sive. It is not surprising, therefore, that a comprehensive study of the topic has not been undertaken. This is the first in a projected series of articles that will attempt, as comprehensively as ability will allow, to address the issues raised by the McGrath study and by those who have responded to it. Each of the articles will seek to respect the complexity of the topic by confining itself to one or another aspect, but frequent cross-references will be * J.D. (Harvard University, 1953); J.U.D. (Lateran University, 1962). Associate Professor of Canon Law, The Catholic University of America. John J. McGrath, Catholic Institutions in the United States: Canonical and Civil Law Status (Washington: CUA Press, 1968).

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