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Jones Vs. Wolf

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  • US Supreme Court
  • Jul 02, 1979

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51 entries 2 linked 49 unlinked
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  1. Watson Vs. Jones US Supreme Court · Jan 01, 1871
  2. Serbian Orthodox Diocese Vs. Milivojevich US Supreme Court · Jun 21, 1976
  3. U.S. 595 (1979) U.S. Supreme Court Jones v. Wolf
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  4. U.S. 595 (1979) Jones v. Wolf
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  5. the minority faction sought relief in federal court, but their complaint was dismissed for want of jurisdiction. Lucas v. Hope
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  6. II Georgia's approach to church property litigation has evolved in response to Presbyterian Church v. Hull
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  7. Church, 393 U. S. 440 (1969) ( Presbyterian Church I ), rev'g Presbyterian Church v. Eastern
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  8. element, the implied trust theory would have to be abandoned in its entirety. Presbyterian Church v. Eastern
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  9. U.S. 1041 (1970). The neutral principles analysis was further refined by the Georgia Supreme Court in Carnes v. Smith
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  10. from resolving church property disputes on the basis of religious doctrine and practice. Serbian Orthodox Diocese v. Milivojevich
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  11. Maryland & Va. Churches v. Sharpsburg
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  12. and the First Amendment. Majority rule is generally employed in the governance of religious societies. See Bouldin v. Alexander
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  13. Carnes v. Smith
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  14. Indeed, even in Watson v. Jones
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  15. See Serbian Orthodox Diocese v. Milivojevich
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  16. disputes over control of church property usually have been resolved under principles established by Watson v. Jones
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  17. and n. 7. Indeed, the Court indicates that Georgia, consistently with the First Amendment, may adopt the Watson v. Jones
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  18. s instructions on remand therefore allow the state courts the choice of following the long settled rule of Watson v. Jones
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  19. of federal constitutional law thus are left to the state courts for their decision, and, if they depart from Watson v. Jones
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  20. of religion in accordance with church polity and doctrine. Serbian Page 443 U. S. 617 Orthodox Diocese v. Milivojevich
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  21. Presbyterian Church v. Hull
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  22. Kedroff v. Saint
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  23. id. at 344 U. S. 121 -122 (Frankfurter, J., concurring). See also Kreshik v. Saint
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  24. Maryland & Va. Eldership v. Sharpsburg
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  25. within the polity chosen by the church members themselves. The classic statement of this view is found in Watson v. Jones
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  26. the civil courts enforce the authoritative resolution of the controversy within the local church itself. Watson v. Jones
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  27. approach was not approved by the Court in dismissing the appeal, Maryland & Va. Eldership v. Sharpsburg
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  28. A.2d at 168-170. Rather, the state court canvassed all of these sources, and others, see Maryland & Va. Eldership v. Sharpsburg
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  29. U.S. at 396 U. S. 368 . In Presbyterian Church v. Hull
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  30. in Serbian Orthodox Diocese v. Milivojevich
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  31. Id. at 426 U. S. 723 n. 15. Nor can the Court find support for its position in Watson v. Jones
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  32. Amendment was not considered to be applicable to the States through the Fourteenth Amendment, and before Erie R. Co. v. Tompkins
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  33. U. S. 64 (1938), made state law applicable in diversity cases. But, beginning with Kedroff v. Saint
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  34. U. S. 116 , this Court has indicated repeatedly that the principles of general federal law announced in Watson v. Jones
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  35. rooted in the First Amendment, and are applicable to the States through the Fourteenth Amendment. Presbyterian Church v. Hull
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  36. Thus, in Presbyterian Church v. Hull
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  37. Watson v. Jones
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  38. supra, at 80 U. S. 727 -729. Similarly, in Serbian Orthodox Diocese v. Milivojevich
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  39. Accord, Kedroff v. Saint
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  40. Ante at 443 U. S. 605 , quoting Serbian Orthodox Diocese v. Milivojevich
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  41. U.S. Supreme Court Jones v. Wolf
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  42. Lucas v. Hope
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  43. Presbyterian Church v. Eastern
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  44. See Bouldin v. Alexander
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  45. the Watson v. Jones
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  46. of Watson v. Jones
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  47. Orthodox Diocese v. Milivojevich
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  48. Kreshik v. Saint
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  49. In Presbyterian Church v. Hull
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  50. Erie R. Co. v. Tompkins
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