From the National Law Journal:

In the latest twist to the two-year-old suit filed in state court by a three former professors, Tom Monaghan, the school's founder and financier, filed a motion last month claiming that the law professors are "ministerial." Therefore, he argues, because the school is a religious institution, the administration over these minister-professors is exempt from civil trial court under the "Establishment and Free Exercise of religious clauses of the First Amendment."Monaghan also claims that the institution is eligible for "ecclesiastical abstention," requiring courts to "abstain from inquiring into, or interfering with, governance of the religious institution."

Eduardo M. Peñalver is the Allan R. Tessler Dean of the Cornell Law School. The views expressed in the piece are his own, and should not be attributed to Cornell University or Cornell Law School.

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