SUIT AGAINST THE VATICAN

[paul finkelman]

Is there a difference between the Catholic Church Hdqts. in Rome as an entity
and the Vatican as a "state"?  I don't remember (never knew?) much about
personal jurisdiction, but for this lawsuit is that needed?  The Church as a
huge presence in the nation and the economy,  and lots of property (starting
with Georgetown University, Notre Dame Univ., and St. Patrick's Cathedral).
The Bishops and Cardinals are the representatives of the Church.  Can one get
jurisdiction that way?

--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK  74104-3189

phone 918-631-3706
Fax   918-631-2194
e-mail:   paul-finkelman at utulsa.edu



"Vance R. Koven" wrote:

> At 05:31 PM 4/4/02 -0600, David E. Guinn wrote:
> >What I find very interesting is the suggestion that the suit against the
> >Vatican will be defended on the grounds of sovereign immunity.  While I
> >think I understand that rationale, does this mean that the Catholic Church
> >in America ought to be treated as the agent of a foreign government?
>
> More like a wholly-owned subsidiary, I should think. Catholic bishops in
> the US have the status of "corporation sole," a common-law construct that
> insulates their liability from one another. Would the Bishop of Rome get
> the same exemption from agency or respondeat superior?
>
> Sovereign immunity might well be a show-stopper, but the Vatican has other
> strings on its bow: personal jurisdiction for one, "act of state" for
> another (or does somebody want to argue that the Hickenlooper Amendment
> governs?).
>
> Vance R. Koven
> Boston, Massachusetts USA
> vrkoven at world.std.com