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Barry Black

Barry Black

March 04, 2022 | New York Law Journal

Religious Schools Anticipate Landmark U.S. Supreme Court Ruling

A U.S. Supreme Court decision later this term in a case from Maine could lead to a substantial increase in government funding of private sectarian education across the country.

By Barry Black and John B. Madden

9 minute read

October 29, 2021 | New York Law Journal

The Ministerial Exception, and How It Protects Religious Institutions

Courts reject employment discrimination lawsuits brought against religious groups by existing or former employees where the "ministerial exception" applies. This column will examine how courts determine when the exception requires judgment in favor of a defendant.

By Barry Black and Lane Paulsen

9 minute read

August 26, 2021 | New York Law Journal

Religious Community Eagerly Awaits U.S. Supreme Court's New Term

After a string of favorable religious liberty rulings by the U.S. Supreme Court, religious institutions and people of faith are casting a hopeful eye on the Court's upcoming docket. Barry Black and Jonathan Robert Nelson explore the cases in this installment of their Religion Law column.

By Barry Black and Jonathan Robert Nelson

8 minute read

May 27, 2021 | New York Law Journal

How RLUIPA Protects the Right To Use Land for Religious Purposes

A 20-year-old federal statute permits religious institutions and people of faith, as well as the U.S. government, to challenge land use regulations that place a substantial burden on religious exercise or that discriminate on the basis of religion. In this edition of their Religion Law column, Barry Black and Sarah E. Child discuss the statute and explore how courts interpret its provisions.

By Barry Black and Sarah E. Child

10 minute read

March 11, 2021 | New York Law Journal

Is 'Substantial Equivalency' the Next Religious Freedom Fight?

As the New York State Education Department moves to finalize regulations relating to the substantial equivalence of instruction in nonpublic schools, First Amendment challenges appear likely to follow.

By Barry Black and Sarah E. Child

9 minute read

November 25, 2020 | New York Law Journal

When a Corporation's Members, Not Its Trustees, Make the Decisions

In his Religion Law column, Barry Black considers when the Religious Corporations Law, the Not-for-Profit Corporations Law, or church practices and traditions should be relied on to resolve a disagreement between a church's trustees and members of its congregation over a non-ecclesiastical matter.

By Barry Black

8 minute read

August 28, 2020 | New York Law Journal

U.S. Supreme Court Expands Religious Freedom in Key Rulings

In their Religion Law column, Barry Black and Jonathan Robert Nelson discuss three significant decisions issued by the U.S. Supreme Court at the end of its term, which should make clear that the Court strongly supports the expansion of religious liberty in America today.

By Barry Black and Jonathan Robert Nelson

10 minute read

May 28, 2020 | New York Law Journal

Considerations for Religious Institutions in Times of Crisis

The economic ramifications of COVID-19 have been felt by all businesses and individuals in the state. In this Religion Law column, Barry Black and John B. Madden explores steps that religious institutions can take to limit the financial harm that they are facing and to place themselves into a better position when the next crisis strikes.

By Barry Black and John B. Madden

11 minute read

March 05, 2020 | New York Law Journal

Security for Houses of Worship: The Law, and Practical Steps To Take

As houses of worship face more and more threats and attacks, government officials are offering various forms of assistance and religious leaders are pondering what they can do. In this edition of their Religion Law column, Barry Black and Lane Paulsen discuss the First Amendment implications of these government actions, and offers a guide for steps that institutions can take themselves.

By Barry Black and Lane Paulsen

10 minute read

November 21, 2019 | New York Law Journal

Broad Tax Exemptions Benefit Congregations

Religious leaders typically are aware of the tax exemption provided by state law for the homes their congregations provide to their clergy. But another exemption may be even more significant.

By Barry Black and Jonathan Robert Nelson

10 minute read