Law Meets Gospel

Law Meets Gospel

By Josh S. TatumReligion & Spirituality
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Law Meets Gospel episodes

  • 1712 5 Reasons to Use Robert's Rules of Order
    Parliamentary experts differ on whether to use Robert's Rules of Order or a different set of rules for meetings. I recommend Robert's Rules for many reasons. Here are five:
    1. It's by far the most popular and well-known set of parliamentary rules in the United States.
    2. It addresses pretty much every situation your organization might come up against. (A result of having been tested and adjusted over 150 years.)
    3. Its goals of protection of the rights of members and those whom they represent are taken care of well.
    4. The rules require a deliberative process.
    5. They protect against instability but preserve flexibility.

    I recommend you follow Robert's Rules, using the latest version: Robert's Rules of Order Newly Revised, 11th Edition. But I also recommend you get the current version of Robert's Rules of Order Newly Revised in Brief, which is in its second edition. Click on the links for my Amazon affiliate links.

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    15 min
  • 1711 Safety valves for office terms

    The U.S. Court of Appeals recently interpreted Indiana's Nonprofit Corporation Act to decide whether the term of a director for a family foundation had ended. If it had, her reelection and a gift from the foundation would be void.

    But the statute, the foundation's bylaws, and the electing resolution all provided that directors would serve until the later of their term's end or their replacement taking office. The case emphasizes that organizations should understand their state's statutes and carefully draft language relating to office terms. It also teaches that Indiana doesn't permit nonprofit directors to bring derivative actions on behalf of the corporation. You can read the opinion here: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D02-01/C:15-3734:J:Hamilton:aut:T:fnOp:N:1905535:S:0 You can listen to the oral argument here: http://media.ca7.uscourts.gov/sound/2016/lj.15-3734.15-3734_12_09_2016.mp3

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    16 min
  • 1710 State Nonprofit Statutes

    It's important to understand your state's statute governing how not-for-profit organizations do business. Statutes have mandatory rules, default rules, and minimum standards. Not understanding these provisions can cause problems.

    Find the text of the American Bar Association's 2008 Model Nonprofit Corporation Act, Third Edition here: http://www.americanbar.org/content/dam/aba/events/real_property_trust_estate/joint_fall/2008/black_letter.authcheckdam.pdf The complete history and comments of the 2008 model act can be purchased from the American Bar Association here: http://shop.americanbar.org/ebus/store/productdetails.aspx?productid=213949 Indiana's Nonprofit Corporation Act is Ind. Code §§ 23-17-1-0.2 to -31-6 The 2016 version of the Act can be found here: https://iga.in.gov/documents/20c9cdb5 A notable difference between the Indiana act and the 2008 version of the model act is that the 2008 model act allows directors to bring a derivative action. See §§ 3.04, 13.01–13.09

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    14 min
  • 1709 Three Reasons to Follow Your Bylaws

    Follow your bylaws! They are a contract among members, set out the community's identity, and are the ultimate authority if a dispute arises.

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    19 min
  • 1708 What might repealing the Johnson Amendment mean?

    What are the consequences of repealing the Johnson Amendment?

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    10 min
  • 1707 Is the Johnson Amendment Constitutional?

    Does the prohibition against 501(c)(3)s, including churches, supporting or opposing political candidates pass constitutional muster? What are the main arguments for repealing the prohibition?

    These are the opinions from one of the cases discussed:

    • Branch Ministries v. Rossotti, 211 F.3d 137 (D.C.Cir.2000)
    • Branch Ministries v. Rossotti, 40 F.Supp.2d 15 (D.D.C.1999)
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    13 min
  • 1706 What's the Johnson Amendment?

    President Trump promises to "totally destroy" the Johnson Amendment. What's the Johnson Amendment? This episode answers that question: what it is, why it's the law, what political activity it prohibits, and what political activity it doesn't.

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    13 min
  • 1705 How to deal with FLSA noncompliance

    Josh talks with Shelley Jackson and Pastor John Hickey about what religious organizations and nonprofits should do when they find themselves out of compliance with Fair Labor Standards Act (FLSA) rules to wrap up their conversation about overtime and minimum-wage statutes, regulations, and practices.

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    13 min
  • 1704 Strategies for FLSA changes

    Josh talks with Shelley Jackson and Pastor John Hickey about the Obama administration's proposed changes to the Fair Labor Standards Act (FLSA) regulations, the court stay, and strategies for employers to consider while the final rule is uncertain.

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    18 min
  • 1703 Overtime rules part 3

    Josh talks with Shelley Jackson and Pastor John Hickey about characteristics that might cause the Fair Labor Standards Act (FLSA) to apply to a church and to categories of employees, especially clergy.

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    18 min

About Law Meets Gospel

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Law Meets Gospel informs faith communities about legal and law-related issues. Each episode addresses a legal or legal-related issue that leaders in churches, synagogues, mosques, temples, and other…