Amicus Curiae Brief — Van Orden v. Perry

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No. 03-1500

In the

Supreme Court of the United States

THOMAS VAN ORDEN,

Petitioner,

RicK PERRY¥+4N HIS OrriciAL CAPACITY AS GOVERNOR OF

TEXAS AND CHAIRMAN, STATE PRESERVATION BOARD, ET AL.

Respondents.

On Writ of Certiorari to the United States

Court of Appeals for the Fifth Circuit

BRIEF OF AMICUS CURITAE AMERICAN

CENTER FOR LAW AND JUSTICE IN

SUPPORT OF RESPONDENTS

Haro_p J. BERMAN Jay ALAN SEKULOW

Emory UNIVERSITY Counsel of Record

SCHOOL OF LAW Sruart J. Rorn

1301 Cuirton Rp. FRANCIS J. MANION

ATLANTA, GA 30322 WaLTeR M. Weer

(404) 727-6503 Grorerey R. Surrers

AMERICAN CENTER FOR

Law AND Jusrict

201 Marytanp Ave., NoI

WASHINGION, DEC. 20002

(202) 546-8890

Becker Gallagher Legal Publishing, Ine. , S00. 890 5001

TABLE OF CONTENTS

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THE HISTORY AND _ UBIQUITY OF

GOVERNMENTAL AND OTHER RECOGNITION

OF THE DECALOGUE’S SECULAR ROLE

ENSURES THAT PUBLIC DISPLAYS OF THE

TEN COMMANDMENTS CONVEY A MESSAGE

WHICH IS PREDOMINANTLY SECULAR ..... 3

A. The Foundational Role of the Decalogue in the

Development of Anglo-American Law ....... 4

B. Evidence of Judicial Recognition of Decalogue’s

PPPS TTT Te 10

1. The U.S. Supreme Commt .. 1... 2.22 ces 10

2. The State Supreme Courts............. 11

C. Recognition by the Executive Branch ........ 13

D. Legistative Recegmitiem ... www ccc cece 15

E. Recognition by Depiction on Public Property . . . 20

F. Recognition in Secular and Popular Culture . . . . 24

Conclusion

a ne a ey a a ae a ae ee re eee eee ee ee Se Ss

Appendix

Appendix A - State Supreme Court Decisions Which

Refer to the Ten Commandments ............. la

Appendix B - Depictions of Moses and the Ten

Commandments on Public Property .......... lla

Appendix C - Results of internet search November 27,

2004, of periodicals, articles and books containing

title “Ten Commandments of ...” in “Kentucky

WE gc cet eccesesen 12a

TABLE OF AUTHORITIES

Cases

Abington School Dist. v. Schempp,

Pee ees ED. 50 i a eo ead oe eeeeds 26

ACLU v. Mercer County,

240 F. Supp. 2d 623 (E. D. Ky. 2003) ......... l

ACLU Neb. Found. v. City of Plattsmouth,

358 F.3d 1020, rehearing granted,

2004 U.S. App. LEXIS 6636

(8" Cir. Neb., Apr. 6, 2004) ............... |

ACLU of Ohio Found., Inc. v. Ashbrook,

375 F. 3d 484 (6" Cir. 2004) ............. 1,18

Anderson v. Maddox, 65 So.2d 299 (Fla. 1953) ...... 12

Anderson v. Salt Lake City, 475 F.2d 29 (10th Cir.)

cert. denied, 414 U.S. 879 (1973) ............ 24

Bertera’s Hopewell Foodland, Inc. v. Masters,

ee Yee eee 11

Books v. City of Elkhart, 235 F. 3d 292 (2000)

cert. denied, 532 U.S. 1058 (2001) ........... 23

Bray v. Alexandria Women’s Health Clinic,

Se 3 8b oes aun eka ee eee es l

Capitol Square Review and Adv. Bd. v. Pinette,

Pe: PED bee eee ea ee aRnedane ess 3,4

City of Elkhart v. Books, 532 U.S. 1058 (2001) .... 1, 10

Commissioners of Johnson County v. Lacy,

SP ees SP is BETD cence ctecnrecccves 12

County of Allegheny v. American Civil Liberties Union,

ee Ae ED 6 od no i eke es 3, 10, 20

Edelman v. Jordan, 415 U.S. 651 (1974) .......... 17

Edwards v. Aguillard, 482 U.S. 578 (1987) ........ 10

Elk Grove Unified School Dist. v. Newdow,

SOO ee. GE. BOO GD occ cceecevesece 3,4

Equity Inv. v. Paris,

437 N.Y.S. 2d 1000 (N. Y. Civ. Ct. 1981) ...... 15

Freedom From Religion Foundation, Inc. v.

State of Colorado, 898 P.2d 1013 (Colo. 1995)

cert. denied, 516 U.S. 1111 (1996) ........... 24

Freedom From Religion Foundation, Inc. v.

City of Marshfield, 203 F. 3d 487 (7" Cir. 2000) . 1

Freedom From Religious Foundation, Inc. v. Zielke,

845 F.2d 1463 (7th Cir. 1987)............... 24

Freethought Society v. Chester County,

334 F. 3d 247 (3d Cir. 2003) ............... 22

Gray v. Mississippi, 481 U.S. 648 (1987) .......... 17

Griswold v. Connecticut, 381 U.S. 479 (1965) ...... 10

Hahn v. United States, 524 U.S. 236 (1998) ........ 17

Harvey v. Cobb, 811 F. Supp. 669 (N. D. Ga. 1993),

aff'd 15 F.3d 1097 (11th Cir. 1994) ........... 23

Hill v. Colorado, 530 U.S. 703 (2000) ............ ]

Lamb’s Chapel v. Center Moriches Union Free

es © Fee) herr ree |

Lynch v. Donnelly, 465 U.S. 668 (1984) . 3, 4, 10, 20, 26

Marsh v. Chambers, 463 U.S. 783 (1983) ...... 24, 26

McConnell v. Federal Election Comm’n,

ee oi ie oe sy ae eee ee et 1

McGowan v. Maryland, 366 U.S. 420 (1961) . 10, 15, 18

Modrovich v. Allegheny County,

7 te FP le me ee 22

Moore v. Strickling, 33 S.E. 274 (W.Va. 1899) ...... 11

O’Rourk v. State, 53 N.W. 591 (Neb. 1892) ........ 12

Santa Fe Indep. Sch. Dist. v. Doe,

te: Es 6's oo 6 Ua oe eo wae ew ]

Schmidt v. Cline,

127 F. Supp. 2d 1169 (D. Kan. 2000).......... l

State of Colorado v. Freedom From

Religion Foundation, Inc., 898 P. 2d 1013

wee ee Oe aad 26 ee ee ae 2

Vil

State v. Gamble Skogmo, Inc.,

144 N.W.2d 749 (N.D. 1966) ............... 12

Stone v. Graham, 449 U.S. 39 (1980) ......... 10, 17

Suhre v. Haywood Cty.,

55 F. Supp. 2d 384 (W. D. N.C. 1999) ........ 23

Van Orden v. Perry, 351 F. 3d 173, 181

6 Dao aa es ou ak ou eae 2, 26

Westside Comm. Sch. v. Mergens,

SY SE 3 0 Cc ce uN ca eee es l

Other Authorities

John Adams, 4 The Works of John Adams, Second

President of the United States 9,

(Francis Adams, ed. 1851) .............. 13, 14

John Quincy Adams, Letters of John Quincy Adams

to His Son (Auburn: James M. Alden, 1850) ..... 14

Albert Altschuler, Rediscovering Blackstone,

E> UW. FO. G. GV. UCHRUED 0 nce cccccccces 5

Harold J. Berman, The Transformation of

Western Legal Philosophy in Lutheran

German Philosophy in Lutheran Germany,

62 S. Cal. L. Rev. 1573, 1660, n. 114 (1989) .... 3

Vill

Harold J. Berman, Law and Revolution II:

The Impact of the Protestant Reformations

on the Western Legal Tradition (2003) .... .... 9

Blackstone’s Commentaries, Book I, Sec. 2. ...... 5, 16

Catechism of the Catholic Church, 1994, § 2066 ..... 3

G. K. Chesterton, The Ballad of the White

8, ee Se en ee ee 6

Daniel J. Boorstin, The Mysterious Science of

ED: : sees ae the conn hen’ e ew O% 5

A Compilation of the Messages and Papers of the

Presidents, 1789-1897, 10 vols. (Washington, D.C..,

U.S. Government Printing Office) ............ 17

Daniel L. Dreisbach, “Religion and Legal Reforms

in Revolutionary Virginia,” in Religion and

Political Culture in Jefferson’s Virginia, Sheldon,

G. W., and Dreisbach, D. L., eds., Rowman

and Littlefield Publishers, Inc.,

Srey rrr re Tree eee 16

Sir John Fortescue, Jn Praise of the Laws of England .. 6

Sir John Fortescue, On the Laws and Governance

of England, Shelly Lockwood, ed.,

in Cambridge Texts in the History of Political

PEED op ab baeeecadeeeeseebeuas 7

J.A. Giles, The Whole Works of King Alfred

the Great, vol. 3 (ed., 1858) ................ 6

Steven K. Green, The Fount of Everything Just and

Right? The Ten Commandments as a Source of

American Law, 14 J.L. & Religion 525 (1999) ....

Hutson, James H., Religion and the Founding of the

American Republic, 1998, Library of Congress,

WE, ie Sade e eee eensesecewns

Jefferson's First Inaugural, 1801 ..............

Kennedy's Inaugural, 1961 ..............0204.

Russell Kirk, The Roots of American Order, Regnery

SN, SEE oS 0a db 6 6 ok + 00d b bebe es

The Founders’ Constitution, Kurland and Lerner, eds.

ey CED oh Ae ie 464 hoe On 8000 6%

Lincoln’s Second Inaugural, 1865 ..............

Donald S. Lutz, ed., Colonial Origins of the

American Constitution: A Documentary History .. .

Michael Novak, On Two Wings: Humble Faith and

Common Sense at the American Founding,

Encounter Books, 2001 ..................

James Otis, in his 1764 work, The Rights of the

British Colonies Asserted and Proved .........

Thomas Paine, Common Sense, quoted in

The Founders’ Constitution, Vol. 1, ch. 4, p. 106 . .

Practitioner’s Handbook for Appeals to the Eighth

Circuit, Third Edition (2000) at 105 ..........

Theodore Roosevelt, The Strenuous Life, 1900 ...... 14

Harry A. Stout, How Preachers Incited Revolution,

Christianity Today, Spring 1996 ............. 19

Harry S. Truman, Public Messages, Speeches and

Statements by the President, Jan. 1 to Dec. 31, 1950

(Washington, D.C., U.S. Government Printing

0 ee 15

Washington's First Inaugural, 1789 ..........4.4. 13

William Welwood, An Abridgement of All Sea-Laws

Gathered Forth of all Writings and Monuments,

Which Are to be Found Among Any People

Se ca ns cone 4c 6G ee eeenee anus 7

INTEREST OF AMICUS CURIAE

Amicus, American Center for Law and Justice (ACLJ), is

a nonprofit, public interest law firm and educational

organization specializing in First Amendment litigation.

~ ACLJ attorneys have argued or participated as amicus curiae

in numerous cases in this Court. See, e.g., McConnell v.

Federal Election Comm'n, 540 U.S. 93 (2003); Santa Fe

Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000); Hill v.

Colorado, 530 U.S. 703 (2000); Lamb’s Chapel v. Center

Moriches Union Free Sch. Dist., 508 U.S. 384 (1993); Bray

v. Alexandria Women’s Health Clinic, 506 U.S. 263 (1993);

Westside Comm. Sch. V. Mergens, 496 U.S. 226 (1990).

Amicus has represented nearly two dozen governmental

entities in cases involving the defense of public displays of the

Ten Commandments and other objects with religious

significance, including the following reported cases: City of

Elkhart v. Books, 532 U.S. 1058 (2001) (Rehnquist, C. J.,

with whom Scalia and Thomas, J. J., join, dissenting from

denial of cert.) (Fraternal Order of Eagles Ten

Commandments Monument in front of city hall); ACLU of

Ohio Found., Inc. v. Ashbrook, 375 F. 3d 484 (6" Cir. 2004)

(Ten Commandments poster in courtroom display); ACLU

Neb. Found. v. City of Plattsmouth, 358 F. 3d 1020,

rehearing granted, 2004 U.S. App. LExis 6636 (8" Cir. Neb.,

Apr. 6, 2004) (Fraternal Order of Eagles monument in city

park); Freedom From Religion Foundation, Inc. v. City of

Marshfield, 203 F. 3d 487 (7 Cir. 2000) (statue of Jesus

Christ in city park); ACLU v. Mercer County, 240 F. Supp.

2d 623 (E. D. Ky. 2003) (Decalogue included in Foundations

of American Law and Government courthouse display);

Schmidt v. Cline, 127 F. Supp. 2d 1169 (D. Kan. 2000) (In

God We Trust poster in county treasurer’s office). The ACLJ

has developed a special expertise in this area which would be

of benefit to the Court.

SUMMARY OF ARGUMENT

The Fifth Circuit’s observation that the Decalogue has had

an “extraordinary influence” on the civil and criminal laws of

this country is a bit of an understatement. Van Orden v.

Perry, 351 F. 3d 173, 181 (S" Cir. 2003). In fact, the

integral part played by the Decalogue in the legal history of

Western Civilization, from the dim mists of Alfred’s time,

through the era of Blackstone and the American framers, is

made manifest in a multitude of executive and judicial

references to the Ten Commandments as a source and symbol

of Law, routine popular invocation of them as a paradigm of

Rules, and frequent governmental depiction of them in public

places, especially places where laws are made and justice

administered. All of these things dramatically underscore the

correctness of the court below’s conclusion that “a State’s

display of the decalogue is a manner that honors its secular

strength is not inevitably an impermissible endorsement of its

religious message in the eyes of our reasonable observer.”

Van Orden, 351 F. 3d at 182.

By including a monument containing a non-sectarian

version’ of the Decalogue among numerous other historical

' The argument made by the petitioners and some amici about the

supposedly “Protestant version” displayed on the monument is a red

herring. The version in question is one developed by the Fraternal

Order of Eagles — not a religious group at all. See, State of

Colorado v. Freedom From Religion Foundation, Inc., 898 P. 2d

1013, 1016-1018 (Colo. 1995). Moreover, there is no such thing

as a “Protestant version” or a “Catholic version” of the Decalogue.

The so-called “Catholic version” is traditionally followed by

Lutherans (who certainly consider themselves Protestants). The so-

monuments and displays on the grounds of its State Capitol,

Texas does not violate the Establishment Clause. This Court

should affirm the judgment of the court below.

ARGUMENT

THE HISTORY AND UBIQUITY OF

GOVERNMENTAL AND OTHER

RECOGNITION OF THE DECALOGUE’S

SECULAR ROLE ENSURES THAT PUBLIC

DISPLAYS OF THE TEN COMMANDMENTS

CONVEY A MESSAGE WHICH IS

PREDOMINANTLY SECULAR.

As the court below succinctly put it: “History matters

here.” 351 F. 3d at 181. Indeed, this Court has held that the

“history and ubiquity” of a practice is one of the elements of

the endorsement test. Lynch v. Donnelly, 465 U.S. 668, 693

(1984) (O’Connor, J., concurring) (“because of their history

and ubiquity, those practices [Thanksgiving, In God We

Trust] are not understood as conveying government approval

of particular religious beliefs”); County of Allegheny v.

American Civil Liberties Union, 492 U.S. 573, 630 (1989)

(O’Connor, J., concurring) (“the ‘history and ubiquity’ of a

practice is relevant because it provides part of the context in

which a reasonable observer evaluates whether a challenged

governmental practice conveys a message of endorsement of

religion”); Capitol Square Review and Adv. Bd. v. Pinette,

called “Protestant version” is followed by the Orthodox Churches

(who certainly do not consider themselves Protestants). See Harold

J. Berman, The Transformation of Western Legal Philosophy in

Lutheran German Philosophy in Lutheran Germany, 62 S. Cal. L.

Rev. 1573, 1660, n. 114 (1989); see also, § 2066, Catechism of

the Catholic Church, 1994.

515 U.S. 753, 780 (1995) (O’Connor, J., concurring); Elk

Grove Unified School Dist. v. Newdow, 124 S. Ct. 2301

(2004) (O’Connor, J., concurring) (“in examining whether a

given practice constitutes an instance of ceremonial deism, its

‘history and ubiquity’ will be of great importance”).

This case cannot be properly evaluated without an

understanding of the “history and ubiquity” of the Decalogue

as both a source and symbol of law in American culture. In

fact, an understanding of the Commandments’ role in the

development of Western law, and a survey of judicial,

executive, legisiative and other secular references to and

depictions of the Ten Commandments demonstrates that

symbolic use of the Decalogue — such as that exemplified by

Texas’ display of the Eagles’ monument — is at least as

ubiquitous and as much a part of “our Nation’s cultural

landscape,” Newdow, 124 S. Ct. at 2322, as other traditional

practices expressly or implicitly approved by this Court. See,

e.g., Lynch, 465 U.S. at 674-678 (listing practices which do

not violate the Establishment Clause such as Thanksgiving and

Christmas national holidays, paid military chaplains,

legislative invocations, “In God We Trust” as national motto,

“One Nation Under God” in Pledge of Allegiance, executive

proclamations of days of prayer and thanksgiving, display of

religious art in public museums, provision of chapels in U.S.

Capitol for worship and meditation, and this Court’s

permanent display of Moses with the Ten Commandments).

A. The Foundational Role of the Decalogue in the

Development of Anglo-American Law

The portion of the Hebrew Scriptures called the Ten

Commandments, or the Decalogue, is an integral part of the

legal heritage of Western civilization. To require its removal

from the walls of American courthouses and other public

settings because it refers to the God of Israel as a source of

fundamental legal obligations would be similar to requiring the

removal of the Declaration of Independence because it refers

to “Nature’s God” and to “the Creator” and to “divine

providence” as the source of the equality of all persons and of

the universal rights of life, liberty and the pursuit of

happiness. Indeed, if one were to eliminate religious

references from our legal history, one would reduce the time-

frame of that history to very recent generations.

The founders of the American Republic, in carrying over

to it many features of the English law inherited from the

colonial period, were highly conscious of the historical

sources of that law, including its source in Biblical law and

morals.

The founding fathers were entirely familiar with, and

strongly influenced by, the great treatise of William

Blackstone entitled Commentaries on the Laws of England,

published in 1765, in which he wrote that there are two main

sources of human law, namely, a law of nature, which “God

has enabled human reason to discover,” and a divine law,

“whose doctrines are to be found only in holy scripture.”

“Upon these two foundations,” Blackstone wrote, “depend all

human laws; that is to say, no human laws should be suffered

to contradict these.”? Referring indirectly to the Ten

* William Blackstone, Commentaries on the Laws of England, 39-42

(facs. editions, 1979) (1765). The founding generation learned its

law from Blackstone’s Commentaries on the Laws of England. See,

Albert Altschuler, Rediscovering Blackstone, 145 U. Pa. L. Rev.

1 (1996). As historian Daniel Boorstin puts it, “In the history of

American institutions, no other book — except the Bible — has

played so great a role . . .” Daniel J. Boorstin, The Mysterious

Science of the Law (1958).

Commandments, Blackstone stated that “murder . . . is

expressly forbidden by the divine, and demonstrably by the

natural law; and from these prohibitions arises the true

unlawfulness of this crime.”’ Indeed, the first major book of

English history, King Alfred’s 9" century collection of rules

of Anglo-Saxon law, starts with the full text of Exodus 20:1-

17 of the Old Testament, containing the Ten Commandments.‘

The Biblical commandments were also considered to be

authoritative in English law throughout the Roman Catholic

period of its history (12" to early 16" centuries) as well as

throughout the Tudor-Stuart period of royal supremacy over

the Church of England (16" to 17" centuries). Sir John

Fortescue’s 15" century political and legal treatise, Jn Praise

of the Laws of England, which was republished and annotated

by John Selden in the 17" century, invoked Mosaic law in

> Id., p. 42.

* See, J.A. Giles, The Whole Works of King Alfred the Great, vol.

3 (ed., 1858) p. 120. The precarious nature of Alfred’s

achievement — building a society based on law in the face of

barbarian violence and chaos — an achievement too little

appreciated in our time, is perhaps best captured in Chesterton’s

lines:

A sea-folk blinder than the sea

Broke all about his land,

But Alfred up against them bare

And gripped the ground and grasped the air,

Staggered, and strove to stand.

* * *

And for one hour of panting peace,

Ringed with a roar that would not cease,

With golden crown and girded fleece

Made laws under a tree.

G. K. Chesterton, The Ballad of the White Horse, Book |.

order to inspire the “Prince” to govern according to the rule

of law.’ Likewise, Sir Edward Coke considered natural law,

“which predated and underlay the laws of England,” to have

“had its earliest written expression in Mosaic law.”° William

Welwood’s 1636 commentary on maritime law twice cited

precedents from Deuteronomy as authoritative, in the division

of spoils and on letters of marque respectively.’

Under the influence of Calvinism in the later 17" and early

18" centuries an even stronger emphasis was placed on

Mosaic law, including the Decalogue, and on the Biblical

sources of English law.

* Fortescue’s treatise is presented as a dialogue between a “Prince”

and a “Chancellor” who advises the Prince on English law and

good governance.” “Moses, that greatest of legislators,”

Fortescue’s Chancellor advises the Prince “. . . invites you to strive

zealously in the study of the law.” Furthermore, Fortescue urges

the Prince to study the Mosaic law of Deuteronomy “all the days of

his life.” Sir John Fortescue, De Laudibus Legum Anglie,

published in Sir John Fortescue, On the Laws and Governance of

England, Shelly Lockwood, ed., in Cambridge Texts in the History

of Political Thought (1997) p. 4.

* See Steven K. Green, The Fount of Everything Just and Right?

The Ten Commandments as a Source of American Law, 14 J.L. &

Religion 525 (1999) p. 534. Green denies that the Ten

Commandments formed a significant part of 18° century legal

theory, although he acknowledges that prior to the 18" century the

Ten Commandments in general, and Mosaic law in particular, were

often cited as part of the English legal tradition and constituted the

moral foundation of common law, including the charters and laws

of the American colonies.

” William Welwood, An Abridgement of All Sea-Laws Gathered

Forth of all Writings and Monuments, Which Are to be Found

Among Any People or Nation (1636) pp. 179, 182.

Although Calvinism remained especially strong in the

American colonies, it eventually had to compete with other

forms of Protestantism and also with Deism. All these belief-

systems shared, however, a strong belief both in the religious

foundation of moral values and in the mora! foundations of

legal principles. As President George Washington stated in

his Farewell Address of 1796, “[RJeason and experience both

forbid us to expect that national morality can prevail in

exclusion of religious principles.” “Let it simply be asked,”

he said, “where is the security for property, for reputation, for

life, if the sense of religious obligation desert the oaths which

are the instruments of investigation in courts of law?”

Unlike the contemporary French Revolution of 1789,

which initially abolished the Biblical seven-day week in favor

of a ten-day week, and unlike the Russian Revolution of

October 1917, which initially abolished the Biblical seven-day

week in favor of a numbered five-day work week with the

sixth day off, the American Revolution preserved the Biblical

seven-day week, dictated by the Ten Commandments, with a

seventh day of rest.

The Ten Commandments has also played a decisive role

in Western legal scholarship. Protestant legal scholars of the

16" century, starting with Martin Luther and Philip

Melanchthon, faced with the task of synthesizing for

Protestant princes the pre-existing separate systems of canon

law, Roman law, royal law, feudal law, and mercantile law,

turned to the last six of the Commandments to identify

“branches” or “fields” of law. They found the source of

constitutional law expressed in the commandment to honor

one’s father and mother, which they interpreted as a command

to respect higher authority; the source of criminal law in the

commandment not to kill; the source of family law in the

commandment not to commit adultery; the source of property

law in the commandment not to steal; the source of contract

law in the commandment not to bear false witness; and the

source of the law of delict in the commandment not to covet,

that is, not to seek to obtain what belongs to another. These

categories which are still preserved in our legal science, cut

across the diverse jurisdictions of the earlier period, each of

which had been autonomous but which, with the rise of

Protestantism, came to be combined under the authority of the

monarch. Of particular importance legally was the separation,

for the first time, of the category of property from the Roman

law category of obligations.*

It is hardly an establishment of religion officially to

recognize that the Ten Commandments were understood by

our ancestors to be the source of the division of law into

branches of constitutional law, criminal law, family law,

property law, contract law, and tort law.

Not only the authors of the United States Constitution but

also their successors who are authorized to interpret it have

preserved the historical dimension of American law. The

continuity of its development over generations and centuries,

which is reflected in the doctrine of precedent as well as in

legal scholarship, is symbolized in the display of the Ten

Commandments, which for centuries has been considered to

be a historical source of universal legal obligations.

® See Harold J. Berman, Law and Revolution II: The Impact of the

Protestant Reformations on the Western Legal Tradition (2003) p.

82-85, 117-118.

B. Evidence of Judicial Recognition of Decalogue’s

Foundational Role.

1. The U.S. Supreme Court

On at least seven occasions, members of this Court have

noted the foundational role of the Ten Commandments in the

development of our legal system.? See, McGowan v.

Maryland, 366 U.S. 420 (1961) (Frankfurter, J.,)

(“Innumerable civil regulations enforce conduct which

harmonizes with religious concerns. State prohibitions of

murder, theft and adultery reinforce commands of the

decalogue”); Griswold v. Connecticut, 381 U.S. 479, 529, n.2

(1965) (Stewart, J., dissenting) (most criminal prohibitions

coincide with the prohibitions contained in the Ten

Commandments); Stone v. Graham, 449 U.S. 39, 45 (1980)

(Rehnquist, J. dissenting) (the Ten Commandments,

undeniably, “have had a significant impact on the

development of secular legal codes of the Western World”);

Lynch, 465 U.S. at 677 (Burger, C.J.) (noting with approval

the presence of depiction of Moses and Ten Commandments

on Supreme Court’s wall); Edwards v. Aguillard, 482 U.S.

578, 593-94 (1987) (Brennan, J.) (Ten Commandments have

played both a secular and religious role in the history of

Western Civilization); County of Allegheny, 492 U.S. at 652-

53 (Stevens, J., with whom Brennan, J., and Marshall, J.,

join concurring in part, dissenting in part) (carving of Moses

with Ten Commandments on wall of Supreme Court’s

courtroom alongside famous secular lawgivers is a fitting

message for a courtroom); City of Elkhart v. Books, 532 U.S.

” The late Chief Justice Warren attributed such a role to the Bible

in general: “I believe the entire Bill of Rights came into being

because of the knowledge our forefathers had of the Bible and their

belief in it. . . ,” quoted in TIME, Feb. 15, 1954.

1058 (2001) (Rehnquist, C. J., with whom Scalia, J. and

Thomas, J., join, dissenting from denial of certiorari)

(“Undeniably, however, the Commandments have secular

significance as well, because they have made a substantial

contribution to our secular legal codes”).

2. The State Supreme Courts

There are well over a hundred references to the Ten

Commandments in the reported decisions of the state supreme

courts. Appendix A lists the relevant citations. Each case

contains some statement acknowledging the foundational role

of the Decalogue in Anglo-American jurisprudence or a

reference to the Commandments as an archetype of Law in

general. The following examples are illustrative of the tenor

of this recurrent theme of American jurisprudence:

¢ Bertera’s Hopewell Foodland, Inc. v. Masters, 236 A.2d

197, 200-201 (Pa. 1967) (“This Act of 1794 (Pennsylvania

Sunday Closing Law) itself traces an ancestry back to the Ten

Commandments fulminated from the smoking top of Mt.

Sinai. This divine pronouncement became part of the Common

Law inherited by the Thirteen American colonies and by the

sovereign States of the American union. ”)

°¢ Moore v. Strickling, 33 S.E. 274, 277 (W.Va. 1899) (“[I]t

is said that the illustrious King Alfred adopted the Ten

Commandments as the foundation of the early laws of

England, contained in his Doom Book. These commandments

* * * appeal to us as coming from a superhuman or divine

source, and no conscientious or reasonable man has yet been

able to find a flaw in them. Absolutely flawless, negative in

terms, but positive in meaning, they easily stand at the head

of our whole moral system, and no nation or people can long

continue a happy existence in open violation of them.”)

e State v. Gamble Skogmo, Inc., 144 N.W.2d 749, 768

(N.D. 1966) (“Thus, for temporal purposes, murder is illegal.

And the fact that this agrees with the dictates of the Judeo-

Christian religions while it may disagree with others does not

invalidate the regulation. So too with the questions of adultery

and polygamy. The same could be said of theft, fraud, etc. ,=

because those offenses were also proscribed in the

Decalogue.”)

¢ Commissioners of Johnson County v. Lacy, 93 S.E. 482,

487 (N.C. 1917) (“([Ojur laws are founded upon the

Decalogue; not that every case can be exactly decided

according to what is there enjoined, but we can never safely

depart from this short but great declaration of morai principles

without founding the law upon the sand, instead of upon the

eternal rock of justice and equity.”)

discussion, however, is the outgrowth of free government. All

free government is based on the divine law. God gave the ten

commandments to Moses, which contain rules designed to

apply to the whole race. Although given to the Israelites, they

were designed for all humanity.”).

¢ Anderson v. Maddox, 65 So.2d 299, 301-302 (Fla. 1953)

(**Thou shalt not steal’ and ‘thou shalt not bear false witness’

are just as new as they were when Moses brought them down

from the Mountain.” )

Without iisting or citing the scores of references to the

Decalogue in the decisions of the lower federal and state

courts, the foregoing sampling must suffice to demonstrate the

point; namely, the judicial branch of our government has

historically, unhesitatingly made the connection between the

Ten Commandments and our legal system — the same

connection made by the reasonable observer when viewing the

monuments displayed at the Texas State Capitol.

C. Recognition by the Executive Branch

Presidential recognition of the Ten Commandments’ role

in our legal system and culture has not been wanting. Besides

frequent references to the general concept of civic order being

based on divine law'® several U.S. Presidents have made

specific reference to the foundational role of the Decalogue;

for example, President John Adams wrote:

'° For example:

“. . . the propitious smiles of Heaven can never be expected on a

nation that disregards the eternal rules of order and right which

Heaven itself has ordained. . .” Washington’s First Inaugural,

1789.

“enlightened by a benign religion, professed, indeed, and practiced

in various forms, yet all of them inculcating honesty, truth,

temperance, gratitude, and the love of man; acknowledging and

adoring an overruling Providence .. .” Jefferson’s First

Inaugural, 1801.

“If we shall suppose that American slavery is one of those offenses

which, in the providence of God, must needs come, but which,

having continued through His appointed time, He now wills to

remove . . . shall we discern therein any departure from those

divine attributes which the believers in a living God always ascribe

to Him?” Lincoln’s Second Inaugural, 1865.

“And yet the same revolutionary beliefs for which our forbears

fought are still at issue around the globe — the belief that the rights

of man come not from the generosity of the state, but from the hand

of God.” Kennedy’s Inaugural, 1961.

If ‘Thou shalt not covet’ and ‘Thou shalt not steal’

were not commandments of Heaven, they must be

made inviolable precepts in every society before it can

be civilized or made free.

John Adams, 4 The Works of John Adams, Second President

of the United States 9, (Francis Adams, ed. 1851);

The Nation’s Sixth President wrote:

The law given from Sinai was a civil and municipal

as well as a moral and religious code; it contained . .

. laws essential to the existence of men in society, and

most of which have been enacted by every nation

which ever professed any code of laws .

John Quincy Adams, Letters of John Quincy Adams to His Son

(Auburn: James M. Alden, 1850) pp. 61, 70-71.

Theodore Roosevelt, recounting his crusade against

government corruption wrought by public officials operating

without moral compasses, wrote:

Some years ago another public man enunciated

much the same doctrine in the phrase, “The Decalogue

and the Golden Rule have no part in political life.”

Such statements, openly made, imply a belief that the

public conscience is dull; and where the men who

make them continue to be political leaders, the public

has itself to thank for all shortcomings in public life.

Theodore Rousevelt, The Strenuous Life, 1900.

To Woodrow Wilson is attributed the following:

If we had the eyes to see the subtle elements of

thought which constitute the gross substance of our

present habit, both as regards the sphere of private life

and as regards the action of the State, we would easily

discover how very much we owe to the Jews for the

Ten Commandments and other contributions to

Western Law.

Quoted in Equity Inv. v. Paris, 437 N.Y.S. 2d 1000, 1001 (N.

Y. Civ. Ct. 1981).

And, in his characteristically terse fashion, Harry S.

Truman said:

The fundamental basis of this nation’s laws was

given to Moses on the Mount. ‘

Harry S. Truman, Public Messages, Speeches and Statements

by the President, Jan. 1 to Dec. 31, 1950 (Washington, D.C..,

U.S. Government Printing Office, 1965) Item 37, p. 157.

D. Legislative Recognition

Because, as Justice Frankfurter observed, “innumerable

civil regulations . . . reinforce commands of the decalogue,”

McGowan v. Maryland, 366 U.S. 420 (1961), it should come

as no surprise to fiud that, historically, the foundational role

of the Commandments has found expression in legislation. It

is no exaggeration to say that the Ten Commandments,

literally, have been part of our legal system for over a

millennium.

As previously noted, Sir William Blackstone identified

King Alfred as the founder of the English common law.

Blackstone's Commentaries, Book I, Sec. 2.'' The Laws of

King Alfred — the very first written compilation of our laws

— start with the Ten Commandments."

The ubiquity of the Ten Commandments in our history

also manifests itself in the legal codes of the thirteen original

colonies. It may fairly be said that all of the colonies

incorporated the Decalogue — in whole or in part — in their

legal codes. See, examples reprinted in Donald S. Lutz, ed.,

Colonial Origins of the American Constitution: A

Documentary History, Liberty Fund, Indianapolis 1998. After

independence, the Commandments continued to exert an

obvious and strong influence on legislation, even legislation

drafted by ardently anti-Establishment lawmakers such as

Jefferson and Madison. It was Jefferson, after all, who (along

with Madison,) when revising Virginia’s code in 1785,

included “Bill Number 84: Bill for Punishing Disturbers of

Religious Worship and Sabbath Breakers,” see Daniel L.

Dreisbach, “Religion and Legal Reforms in Revolutionary

Virginia,” in Religion and Political Culture in Jefferson's

Virginia, Sheldon, G. W., and Dreisbach, D. L., eds.,

Rowman and Littlefield Publishers, Inc., Lanham, Md.,

2000."°

'! See note 2, supra.

'2 See note 4, supra.

'3 For Jefferson, recourse on important official occasions to the

imagery of Moses and the Israelites was apparently second nature.

His original design for the Great Seal of the United States was of

Moses leading the people of Israel through the Red Sea while

Pharaoh and his army drowned, with the following motto:

“Rebellion to Tyrants is Obedience to God.” Hutson, James H.,

Religion and the Founding of the American Republic, 1998, Library

of Congress, Washington, D.C., pp. 50-51. His Second Inaugural

Aside from the broad and undeniable influence of the

Mosaic law on our legal system in general," it is clear that

specific provisions of the Ten Commandments continue to

directly influence and, indeed, be incorporated into our legal

codes as even a cursory look at our criminal codes will attest.

Even the oft-repeated truism that the first three or four of

the Commandments are “exclusively religious” turns out not

to be true. See Stone v. Graham, 449 U.S. at 41-2 (1980).

The Stone Court majority’s characterization of the “first part

of the Commandments” as “exclusively religious” cannot

withstand examination."° The Sabbath observance

also evokes Exodus:

I shall need, too, the favor of that Being in whose hands we

are, who led our forefathers, as Israel of old, from their native land

and planted them in a country flowing with all the necessities of life

A Compilation of the Messages and Papers of the Presidents, 1789-

1897, 10 vols. (Washington, D.C., U.S. Government Printing

Office).

'* See, e.g., Russell Kirk, The Roots of American Order, Regnery

Gateway, 1991, 11-49; and Michael Novak, On Two Wings:

Humble Faith and Common Sense at the American Founding,

Encounter Books, 2001.

'S While the routine application of Stone by lower courts in Ten

Commandments cases is understandable at first glance, it is clear

that the lower courts have placed far too much weight on what is,

by this Court’s definition, a weak precedent. Stone was a 5-4 per

curiam decision rendered without briefing or oral argument. This

Court has said that it is “less constrained to follow precedent where

. . . the opinion was rendered without full briefing or argument.”

Hahn v. United States, 524 U.S. 236, 257 (1998); also, Gray v.

Mississippi, 481 U.S. 648, 651, n.1 (1987) (citing Edelman v.

Jordan, 415 U.S. 651, 671 (1974)) (“The Court, of course, at times

Commandment was deemed to have broad secular application

by the Court itself in McGowan v. Maryland, 366 U.S. 420

(1961). The Commandment against “using the Lord’s name

in vain” is applied in daily secular life, especially in law and

politics, where witnesses and government officials still swear

to tell the truth or uphold the law “so help me God.” ACLU

of Ohio Found., Inc. v. Ashbrook, 375 F.3d at 507 (6" Cir.

2004) (Batchelder, J., dissenting).

The Commandment against worshipping _ idols,

paradoxically, has had arguably the broadest secular

application of all: it was referred to by the pamphleteers of the

Revolutionary era as one of the reasons for overturning

monarchy with its pretensions of “divine right.” /d. Thomas

Paine, free-thinking Deist though he may have been, made the

connection which he knew would resonate with the readers of

his best-selling Common Sense:

And when a man seriously reflects on the

idolatrous homage which is paid to the persons of

kings, he need not wonder that the Almighty, ever

jealous of his honor, should disapprove a form of

government which so impiously invades the

prerogative of heaven.

Thomas Paine, Common Sense, quoted in The Founders’

Constitution, Vol. I, ch. 4, p. 106.

This equating of the British regime with idolatry was a

common rhetorical tool used by advocates of American

has said that summary action here does not have the same

precedential effect as does a case decided upon full briefing and

argument”).

independence in colonial times. Paine was, in fact, merely

echoing sentiments widely voiced among his countrymen:

Not only did Parliament’s claims represent

tyranny, they also represented idolatry. For colonists

to honor these claims would be tantamount to

forsaking God and abdicating their national covenant

pledge to “have no other gods” before them.

Harry A. Stout, How Preachers Incited Revolution,

Christianity Today, Spring 1996.

James Otis, in his 1764 work, The Rights of the Britis

Colonies Asserted and Proved, thundered:

It is the greatest idolatry, begotten by flattery, on

the body of pride, that could induce one to think that

a single mortal should be able to hold so great a power

... The power of GOD almighty is the only power

that can properly and strictly be called supreme and

absolute.

The Founders’ Constitution, Kurland and Lerner, eds. Vol.

One, p. 52 (all caps in original.)

Thus, even the First Commandment, the one most readily

dismissed in this context as having no discernible secular

application, is shown to have had direct secular, political

application in the creation of the American polity itself. It is

beyond serious question, therefore, that the Ten

Commandments — all ten of them — have exerted an

enormous influence both on the general framework of our

legal system as well as the specifics of our legal codes.

E. Recognition by Depiction on Public Property

More than once, members of this Court have pointed to

the depiction of Moses and the Ten Commandments in the

Court’s own courtroom to illustrate acceptable accommodation

by government of a religious practice or display. Lynch, 465

U.S. at 677; County of Allegheny, 492 U.S. at 652-53. In

fact, the U.S. Supreme Court building has no fewer than three

depictions of Moses and/or the Ten Commandments: 1) as

part of the courtroom frieze, 2) dominating the East Pediment,

and, 3) as part of a depiction of John Marshall on the West

Pediment.'® The East Pediment shows Moses holding the

tables of the law flanked by Solon of Athens and Confucius. "’

App. B Ila-1.

The U.S. House chamber features 23 marble relief

portraits of “historical figures noted for their work in

establishing the principles that underlie American law.”

According to the House Curator, the “eleven profiles in the

eastern half of the chamber face left and the eleven in the

western half face right, so that all look towards the full-face

relief of Moses in the center of the north wall.”'? App. B 1 1a-

Courthouses and other public buildings across the nation

abound with depictions of Moses and the Ten

Commandments. The following is a nonexhaustive list of

examples (where available, photographs of the depictions are

contained in App. B):

'© Office of the Curator, United States Supreme Court.

Id.

'® Office of the Curator, U.S. House of Representatives.

9 Id.

U.S. Courthouse/Federal Building in Cleveland, Ohio

Main courtroom dominated by Edwin Blashfield’s

“The Law,” the center of which depicts two angels

pointing at a stone on which are inscribed the Ten

Commandments. See “Brief Description of Mural

Paintings and Statuary, Federal Building, Cleveland,

Ohio.” U.S. Dist. Ct. N.D. Ohio, Clerk’s Office.

See App. B 1la-3.

U,S. Courthouse in Indianapolis, IN

Ceremonial courtroom features W. B. Van Ingen’s

“Appeal to Justice” surmounted by two winged

figures, one of whom holds the tablets of the

Decalogue. Painting is located above the bench.

Traces, Vol. 15, No. 3, Summer 2003. App. B 11a-4.

Pennsylvania Supreme Court in Harrisburg, PA

Supreme Court courtroom contains painting of “The

Decalogue — Hebrew Idea of Revealed Law.” App.

B 11a-S.

Cuyahoga County Courthouse in Cleveland, OH

_ County Courthouse has eleven foot high marble statue

of Moses holding the Commandments. Statue is above

the courthouse’s main entrance. App. B 11a-6.

Minnesota Supreme Court in St. Paul, MN

Features painting of Moses receiving the Ten

Commandments on Mt. Sinai. App. B 1 1a-7.

U.S. District Courthouse in Washington, D.C.

Ceremonial courtroom displays statues of Moses,

Hammurabi, Solon and Justinian. App. B 11a-8.

Chester County Courthouse, West Chester, PA Plaque

containing text of Ten Commandments affixed to

outside wall of courthouse. Constitutional challenge

rejected by Third Circuit in Freethought Society v.

Chester County, 334 F. 3d 247 (3d Cir. 2003) App B

Lla-9.

Michigan Supreme Court, Lansing, MI

Decalogue included in a display of Cornerstones of

Law.

Allegheny County Courthouse, Pittsburgh, PA Plaque

containing text of Decalogue on outside of courthouse.

Constitutional challenge rejected by Third Circuit in

Modrovich v. Allegheny County, 385 F. 3d 397 (3d

Cir. 2004).

Tennessee Supreme Court, Knoxville, TN

Courtroom frieze contains depiction of tablets of the

Ten Commandments.

New York State Appellate Court, Brooklyn, NY

Bas-relief of Moses with Decalogue on the facgade of

the courthouse. App. B 11a-10.

Boston Public Library, Boston, MA

John S. Sargent mural of Moses with Commandments

in Hebrew script as central panel of north wall. App.

B 1la-11.

Ronald Reagan Building, Washington, DC

“Liberty of Worship” statue resting on the Ten

Commandments outside Ronald Reagan Building in

Washington, D.C. App. B 11a-12.

e National Archives, Washington, D.C.

Ten Commandments depiction embedded in floor of

National Archives Building. App. B 11a-13.

e Library of Congress, Washington, D.C.

Statue of Moses holding Decalogue overlooks main

reading room. App. B 1 la-14.

e Nebraska State Capitol, Lincoln, NE

Statue of Moses the Lawgiver on outside of state

capitol building.

e Allen County Courthouse, Fort Wayne, IN

Circuit Courtroom in Allen County has a mural of

Moses and Justinian presenting their laws to their

people.

In addition, we know from the case law that the Decalogue

has been displayed for decades in courthouses and other public

buildings and spaces in Elkhart, Indiana”; Cobb County,

Georgia”'; Haywood County, North Carolina”; La Crosse,

U.S. 1058 (2001).

2! See Harvey v. Cobb, 811 F. Supp. 669 (N. D. Ga. 1993), aff'd

15 F.3d 1097 (11th Cir. 1994).

2 See Suhre v. Haywood Cty., 55 F. Supp. 2d 384 (W. D. N. C.

1999).

Wisconsin”; Salt Lake City, Utah’*; Denver, Colorado”; and

dozens of other places across the nation.”

The ubiquity of the Ten Commandments as a universally

recognizable symbol of Law is thus seen in the incorporation

of the Decalogue into the artwork and architecture of our

public buildings where our laws are made, interpreted, and

executed. In a far more literal sense than the legislative

prayer at issue in Marsh, the Ten Commandments have

become “part of the fabric of our society.” 463 U.S. at 792.

F. Recognition in Secular and Popular Culture

It is also significant to note the way in which the Ten

Commandments have become part of secular and popular

culture and discourse. This not only distinguishes their use as

a symbol from more quintessentially religious symbols such as

crucifixes and créches, but also underscores the fact that, for

a reasonable observer, no message of religious disapproval or

disenfranchisement automatically follows from a governmental

display of the Decalogue.

The cultural ubiquity of the Decalogue is perhaps best

illustrated by the frequency with which the phrase “Ten

Commandments of . . .” is used in our culture — not

connected with religion at all — to convey a set of important,

authoritative rules or guidelines for a variety of activities. A

23 Freedom From Religious Foundation, Inc. v. Zielke, 845 F.2d

1463 (7th Cir. 1987).

24 Anderson v. Salt Lake City, 475 F.2d 29 (10th Cir.) cert. denied,

414 U.S. 879 (1973).

25 Freedom From Religion Foundation, Inc. v. State of Colorado,

898 P.2d 1013 (Colo. 1995) cert. denied, 516 U.S. 1111 (1996).

2© See Anderson, supra.

survey of periodicals, articles and books from such diverse,

secular disciplines as medicine, sociology, business and

agriculture shows literally hundreds of titles using the phrase

“Ten Commandments of . . .” in purely secular settings.

(Appendix C sets forth nearly 200 such titles found in an

internet search of databases in “Kentucky Virtual Public

Library” on November 27, 2004).

It seems unlikely that a “reasonable observer,” who

embodies “a community ideal of social judgment, as well as

rational judgment,” Pinette, 515 U.S. at 781, would perceive

a message of approval or disapproval of his or her religious

choices when, after overindulging on Thanksgiving, he or she

picks up a copy of “The Ten Commandments of buying TV

fitness gadgets.” App. C. The reasonable Zoroastrian

otologist would probably not turn in his medical license in

disgust after perusing “Ten Commandments for writing a

marvelous medical paper” in his office copy of “ENT: Ear,

Nose and Throat Journal.” App. C. Few, if any, atheist

attorneys would withdraw their appearances in cases in the

Eighth Circuit Court of Appeals even after stumbling upon the

reference to Judge Myron Bright’s “The Ten Commandments

of Oral Argument” on the Eighth Circuit’s website. App. C;

also at, Practitioner’s Handbook for Appeals to the Eighth

Circuit, Third Edition (2000) at 105.

The point, of course, is that references to the Decalogue

in completely secular contexts are so ubiquitous in American

society that the reasonable observer does not automatically

think “religion” every time he or she sees a depiction of or

comes across the words “The Ten Commandments.” On the

contrary, the ubiquity in our culture of such references makes

it highly probable that a reasonable observer viewing a display

like that at the Texas State Capitol in the secular historical

context in which it appears would have no difficulty

ascertaining the predominantly secular message intended to be

conveyed.

CONCLUSION

The widespread and longstanding recognition by

government and secular society of the Decalogue’s

foundational role is firmly embedded in American culture and,

like the traditions and practices catalogued by this Court in

Marsh and Lynch, is “part of the fabric of our society.”

Marsh, 463 U.S. at 1792. Petitioners in this case would have

this Court adop: a myopic view of religion and culture which

this Court has repeatedly rejected. As Justice Goldberg put it:

[nJeither government nor this Court can or should

ignore the significance of the fact that many of our

legal, political and personal values derive historically

from religious teachings.

Abington School Dist. v. Schempp, 374 U.S. 203, 306 (1963)

(Goldberg, J., with whom Harlan, J., joins, concurring)

The Fifth Circuit’s decision in this case is completely

consistent with this Court’s longstanding recognition of not

only the historical role of religion in the formation of our

secular institutions, but also the need to interpret the

Establishment Clause with a “sense of proportion and fit,”

Van Orden, 351 F. 3d at 182, that prides itself on the “ability

and willingness to distinguish between real threat and mere

shadow.” Abington School Dist. , 374 U.S. at 308 (Goldberg,

J., with whom Harlan, J., joins concurring).

This Court should affirm the judgment of the court below.

Harold J. Berman

Emory University School

of Law

1301 Clifton Rd.

Atlanta, GA 30322

(404) 727-6503

Jay Alan Sekulow

Counsel of Record

Stuart J. Roth

Francis J. Manion

Walter M. Weber

Geoffrey R. Surtees

American Center

for Law & Justice

201 Maryland Ave., N.E.

Washington, DC 20002

(202) 546-8890

APPENDIX A

STATE SUPREME COURT DECISIONS

WHICH REFER TO THE TEN COMMANDMENTS

Addison v. State, 116 So. 629 (Fla. 1928)

Albany Theatre, Inc. v. Short, 154 S.E. 895, 898 (Ga. 1930)

Ames, City of, v. Gerbracht, 189 N.W. 729, 733-734 (Iowa

1922)

Amick v. Montross, 220 N.W. 51, 56 (lowa 1928)

Anderson v. Maddox, 65 So.2d 299, 301-302 (Fla. 1953)

Atlanta & C. A. L. R. Co. v. Gravitt, 20 S.E. 550, 552 (Ga.

1893)

Barbour v. Barbour, 330 P.2d 1093, 1098 (Mont. 1958)

Baumhoff v. St. Louis & K. R. Co., 104 S.W. 5, 12 (Mo.

1907)

Bertera’s Hopewell Foodland, Inc. v. Masters, 236 A.2d 197,

200-201 (Pa. 1967).

Brimhall v. Van Campen, 8 Minn. 13, 22 (1863)

Broadwater v. Otto, 88 A.2d 878, 882 (Pa. 1952)

Bunch v. Shaw, 355 So: 2d 1383, 1384 (Miss. 1978)

Byrn v. New York City Health & Hospitals Corp., 286 N.E.2d

887, 894 (N.Y. 1972)

Caldor, Inc. v. Thornton, 464 A.2d 785 (Conn. 1983)

Caldwell v. Hennen, 1843 La. LEXIS 177, 13; 5 Rob. 20, 26

(1843)

Campbell v. State, 11 Ga. 353, 373 (1852)

Carolina Amusement Co. v. Martin, 115 S.E.2d 273, 277

(S.C. 1960)

Cason v. Baskin, 20 So.2d 243, 247 (Fla. 1944) (en banc)

Chance, State v., 221 P. 183, 188 (N.M. 1923)

Chapman Dodge Center, Inc., State v., 428 So. 2d 413 (La.

1983)

Chicago, B. & Q. R. Co., State v., 143 S.W. 785, 804 (Mo.

1912)

Commissioners of Johnston Co. v. Lacy, 93 S.E. 482, 487

(N.C. 1917)

Costello v. State, 260 So. 2d 198, 205 (Fla. 1972)

Crow, State ex rel., v. Shepherd, 76 S.W.79, 93 (Mo. 1903)

Crowder v. Philips, 146 Fla. 428, 435 (Fla. 1941)

David H., In re Application of, 451 A.2d 657 (Md. 1982)

Davis, State v., 120 P.2d 808, 810 (Ariz. 1942)

Dell Publications, Inc., Commonwealth v., 233 A.2d 840,

862 (Pa. 1967)

DeRinzie v. People, 138 P. 1009, 1010 (Colo. 1913)

Discargar v. Seattle, 171 P.2d 205, 209 (Wash. 1946)

Doll v. Bender, 47 S.E. 293, 300-301 (W.Va. 1904)

Domestic Block Coal Co. v. De Armey, 102 N.E. 99, 102

(Ind. 1913)

In re Dominy, 779 P.2d 402, 405 (Idaho 1989)

Donahey, State ex rel., v. Edmondson, 105 N.E. 269, 275

(Ohio 1913)

Donaldson, State v., 99 P. 447, 449 (Utah, 1909)

Dunbar, People ex rel., v. Weinstein, 312 P.2d 1018, 1021

(Colo. 1957)

Earley v. Winn, 109 N.W. 633, 640 (Wisc. 1906)

In re Elliott, 446 P.2d 347, 364 (Wash. 1968)

Farr v. Nordman, 78 N.W.2d 186, 195 (Mich. 1956)

Feldman, State ex rel. v. Kelly, 76 So. 2d 798, 802 (Fla.

1954)

Finger, State ex rel., v. Weedman, 226 N.W. 348, 380 (S.D.

1929)

Foreman, State v., 16 Tenn. 256, 284 (1835).

Fox v. Abel, 2 Conn. 541, 553-554 (1818)

Gamble Skogmo, Inc., State v., 144 N.W.2d 749, 768 (N.D.

1966) .

George J. Meyer Mfg. Co. v. Howard Brass & Copper Co.,

18 N.W.2d 468, 475 (Wisc. 1945)

Gibbs, State ex rel. v. Couch, 139 Fla. 353, 381-382 (Fla.

1939)

Gillooley v. Vaughn, 110 So. 653, 655 (Fla. 1926)

In re Girard College Trusteeship, 138 A.2d 844, 862 (Pa.

1958)

Gould, State v., 46 S.W.2d 886, 889-890 (Mo. 1932)

Greyhound Computer Corp. v. State Dep’t of Assessments &

Taxation, 320 A.2d 52, 53 n.3 (Md. 1974)

Hackett v. Brooksville Graded School Dist., 87 S.W. 792,

797 (Ky. 1905)

Hambrick, State v., 196 P.2d 661, 665 (Wyo. 1948)

Harris v. Security Life Ins. Co., 154 S.W. 68, 70 (Mo. 1913)

Haskins v. Royster, 70 N.C. 601, 613 (1874)

Hattiesburg v. Beverly, 86 So. 590, 592 (Miss. 1920)

Haynes v. Presbyterian Hospital Ass'n , 45 N.W.2d 151, 153

(lowa 1950)

Hennington v. the State, 17 S.E. 1009, 1010 (Ga. 1892)

Hild v. Hild, 157 A.2d 442, 448, n.5 (Md. 1960)

Hill v. Wilker, 41 Ga. 449, 453 (1871)

Hills v. State, 85 N.W. 836, 839 (Neb. 1901)

Hollywood Motion Picture Equipment Co. v. Furer, 105 P.2d

299, 301 (Cal. 1940)

Holt v. Holt, S.E.2d 504, 508 (Va. 1939)

In re Hopkins, 103 P. 805, 806 (Wash. 1909)

Hosford v. State, 525 So.2d 789, 799 (Miss. 1988)

Ex parte James, 713 So. 2d 869, 899 (Ala. 1997)

Johnson v. State, 163 S.W.2d 153, 156 (Ark. 1942)

Johnston County, Commisioners of v. Lacy, 93 S.E. 482, 487

(N.C. 1917)

Kaplan v. Independent School Dist., 214 N.W. 18, 21 (Minn.

1927)

Kennade, State v., 26 S.W. 347, 350 (Mo. 1894)

In re Kien, 372 N.E.2d 376 (Ill. 1977)

Lambert v. People, 9 Cow. 578, 592 (N.Y. 1827)

Landgraver v. Emanuel Lutheran Charity Board, 280 P.2d

301, 313 (Ore. 1955)

Lane v. Department of Labor & Industries, 151 P.2d 440, 448

(Wash. 1944)

Lashley, State ex rel., v. Becker, 235 S.W. 1017 (Mo. 1921)

Lenston v. Commonwealth, 497 S.W .2d 561, 563 (Ky. 1973)

Malumphy, State v., 461 P.2d 677, 686 (Ariz. 1969)

Markham v. Markham, 272 So. 2d 813, 815 (Fla. 1973)

Marshall v. Salt Lake City, 141 P.2d 704, 711 (Utah 1943)

Mayer v. Frobe, 22 S.E. 58, 61 (W.Va. 1895)

Mays, State v., 395 P.2d 758, 764 (Wash. 1964)

McCurdy, State ex rel., v. Bennett, 163 N.W. 1063, 1066

(N.D. 1917)

Mei, Ex parte, 192 A. 80, 82 (N.J. 1937)

Missouri P. R. Co., State v., 147 S.W. 118, 123 (Mo. 1912)

Moore v. Strickling, 33 S.E. 274, 277 (W.Va. 1899)

Mosko v. Dunbar, 309 P.2d 581, 590 (Colo. 1957)

Murphy v. Campbell Inv. Co., 486 P.2d 1080, 1083 (Wash.

1971)

Murrow Indian Orphans Home v. Childers, 171 P.2d 600,

609 (Okla. 1946)

Myers v. Vanderbelt, 84 Pa. 510, 513 (1877)

Nashville R.R. v. Howard, 78 S.W. 1098, 1103 (Tenn. 1903)

Norton v. Doolittle, 5 Cow. 678, 684 (N.Y. 1825)

Ogden, State ex rel., v. Hunt, 286 P.2d 1088, 1092 (Okla.

1955)

Ohio AFL-CIO, State ex rel., v. Voinovich, 631 N.E.2d 582,

599 (Ohio 1994)

Oldham County, Department of Revenue v., 415 S.W.2d 386,

393 (Ky. 1967)

O'Malley, State ex rel., v. Lesueur, 15 S.W. 539, 542 (Mo.

1890)

One 1955 Willys Jeep, State v., 595 P.2d 299, 308 (Idaho

1979)

Onorato, Succession of, 51 So.2d 804, 810 (La. 1951)

O’Rourk, State v., 53 N.W. 591, 592 (Neb. 1892)

Owens v. Commonwealth, 43 S.E.2d 895, 904 (Va. 1947)

P.G. & H. Coal Co. v. International Union, United Mine

Workers, 390 S.E.2d 551, 562 (W. Va. 1988)

Palmetto Golf Club v. Robinson, 141 S.E. 610, 619 (S.C.

1928)

Paramount-Richards Theatres v. City of Hattiesburg, 49

So.2d 574, 577 (Miss. 1950)

Pearce v. Atwood, 13 Mass. 324, 345-346 (1816)

Pierce v. Yakima Valley Memorial Hospital Ass'n, 260 P.2d

765 (Wash. 1953)

Price v. Hitaffer, 165 A. 470, 473 (Md. 1933)

Raines v. Watson, 2 W. Va. 371, 387 (1868)

Raleigh Mobile Home Sales, Ins. y Tomlinson, 174 S.E.2d

542, 546 (N.C. 1970)

Ralph A. Badger & Co. v. Fidelity Bldg. & Loan Ass'n, 75

P.2d 669, 682 (Utah 1938)

Raymond v. Cotner, 120 N.W.2d 892, 899 (Neb. 1963)

Redwine, State v., 161 P.2d 205, 210 (Wash. 1945)

Riggs v. Palmer, 22 N.E. 188, 190 (N.Y. 1889)

Ring, People ex rel., v. Board of Education, 92 N.E. 251,

258 (Ill. 1910)

Rose, State ex rel., v. Piper, 69 N.W. 384, 387 (Neb. 1896)

Savannah Electric Co. v. Tuck, 63 S.E. 800, 801 (Ga. 1909)

Schreifels v. Schreifels, 287 P.2d 1001, 1005 (Wash. 1955)

Seattle v. Gervasi, 258 P. 328, 329 (Wash. 1927)

Shackelford v. Pool, 9 P.2d 756, 760 (Okla. 1932)

Sheppard v. Michigan Nat'l Bank, 83 N.W.2d 614, 618

(Mich. 1957)

Silliman v. People, 162 P.2d 793, 800 (Colo. 1945)

South C. & C. S. R. Co. v. Herrklotz, 47 S.W. 265, 269 (Ky.

1898)

Sparhawk v. Union P. R. Co., 54 Pa. 401, 433 (1867)

Spoon-Shacket Co. v. Oakland County, 97 N.W.2d 25, 32

(Mich. 1959)

Starobin v. Northridge Lakes Development Co., 287 N.W.2d

747, 753 (Wisc. 1980)

Steinman v. McWilliams, 6 Pa. 170, 173 (1847

Stephens v. Commonwealth, 522 S.W.2d 181, 183 (Ky. 1975)

Stevens v. Woodmen of World, 71 P.2d 898, 902 (Mont.

1937)

In re Substitute Nomination for Vacancy, etc., 118 A.2d 750,

755 (Pa. 1955)

Sumpter v. State, 261 Ind. 471, 306 N.E.2d 95, 101 (Ind.

1974)

Swift & Co. v. Peterson, 233 P.2d 216, 231 (Or. 1951)

Tampa, City of v. State, 48 So.2d 78, 79 (Fla. 1950)

Territory v. Fasi, 40 Haw. 478, 484 (Haw. 1954)

Thayer v. Littlejohn, 1841 La. LEXIS 69, 2; 1 Rob. 140

(1841)

10a

Theisen v. McDavid, 16 So. 321, 323 (Fla. 1894)

Thomas, People v., 2 Cal. 4th 489, 537 n16 (1992)

Thronson v. Blough, 166 N.W. 132, 134 (N.D. 1917)

Tinder v. Clarke Auto Co., 149 N.E.2d 808, 813 (Ind. 1958)

Town v. Land Use Comm’n, 524 P.2d 84, 88 (Haw. 1974)

Watts v. Gerking, 228 P. 135, 141 (Ore. 1924)

Weiss, State ex rel., v. District Bd. of School Dist. No. Eight

of Edgerton, 44 N.W. 967, 974 (Wisc. 1890)

West v. State, 67 So. 2d 366, 369 (Miss. 1953)

Westbrook v. Mobile & O. R. Co., 6 So. 321, 322 (Miss.

1889)

White v. East Side Mill & Lumber Co., 158 P. 527, 528 (Ore.

1916)

Wright v. Daniels, 164 N.W.2d 180, 185 (lowa 1969)

Yarnall v. Yarnall, 460 N.W.2d 161, 165 (S.D. 1990)

Yunker v. Nichols, 1 Colo. 551, 553 (1872)

lla

APPENDIX B

COLOR PHOTOS

DEPICTIONS OF MOSES AND THE

TEN COMMANDMENTS

ON PUBLIC PROPERTY

lla-1l

East Pediment of U.S. Supreme Court Building

Detail

lla-2

U.S. Courthouse / Federal Building in Cleveland, Ohio

Blashfield’s mural “The Law”

Chamber of U.S. House of Representatives

Relief of Moses

Detail

lla-4 ” lla-5

Pennsylvania Supreme Court

“The Decalogue — Hebrew Idea of Revealed Law”

U.S. Courthouse in Indianapolis, Indiana

Van Ingen’s “Appeal to Justice”

Detail

SS heee cuss

a &

Minnesota Supreme Court

Moses Receiving the Ten Commandments

Cuyahoga County Courthouse in Cleveland, Ohio

Statue of Moses Overlooking Main Entrance

lla-9

THE COMMANDMENTS

4“ s

U.S. District Courthouse, Washington, D.C.

Statues of Hammurabi, Moses, Solon, Justinian

Chester County Courthouse

Chester County, Pennsylvania

Lla-10 lla-11

Monroe Place Courthouse

New York Appellate Division, Second Judicial Department

Brooklyn, New York

Bas-Relief of Moses

Boston Public Library,

Central Panel of North Wall

Mural of Moses by J.S. Sargent

lla-12 Lla-13

National Archives Building

Washington, D.C.

Ronald Reagan Building and International Trade Center

Washington, D.C.

lla-14

Library of Congress, Washington, D.C.

Statue of Moses Overlooking Main Reading Room

12a

APPENDIX C

Results of internet search November 27, 2004, of

periodicals, articles and books containing title

“Ten Commandments of. . .” in

“Kentucky Virtual Public Library”

. Ten commandments of structural equation modeling,

Thompson, Bruce, Texas A & M U, College Station, TX,

. The Ten Commandments of Consultation-Liaison, Hall,

Howard R., Contemporary Psychology: APA Review of

Books, 1995, Vol 40(1), p. 36.

. Ten commandments for avoiding clergy malpractice in

pastoral counseling, Berman, William B, Christian

Family Inst, Tulsa, OK, US, Journal of Psychology &

Christianity

. Treatment outcome research in child psychology: Realistic

coping with the “Ten Commandments of Methodology,”

Peterson, Lizette, Bell-Dolan, Debora, U Missouri, Dept

of Psychology, Columbia, US, Journal of Clinical Child

Psychology

. Teaching questionnaire construction effectively: The Ten

Commandments of question writing, Ellard, John H.,

Contemporary Social Psychology

10.

11.

12.

13.

13a

The ten commandments of pediatric Emergency

Medicine, Givens T., Journal of emergency medicine

27 (2), 193-4

The Ten Commandments, Gould, J.S., American

journal of orthopedics 32 (12), 578

Ten commandments for effective clinical decision

support: making the practice of evidence-based

medicine a reality, Bates, DW, Journal of the

American Medical Informatics Association : JAMIA

10 (6), 523-30

Ten commandments of enzymology, Kornberg, A.,

Trends in biochemical sciences 28 (10), 515-7

The ten commandments of caring for patients after

open heart surgery, Simani-Oren L, Home healthcare

nurse 21 (8), 551-6; quiz 557-8

The ten commandments: what every surgeon should

know about performing dermatologic surgery, Robins,

P., Journal of drugs in dermatology : JDD 1 (2),

140-4

The Ten Commandments of effective budgeting , Levin,

RP, Compendium of continuing education in dentistry

23 (5), 396-8, 400

Medical consequences of biological warfare: the Ten

Commandments of management, Cieslak, TJ, Military

medicine 166 (12 Suppl), 11-2

14.

15.

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The ten commandments in multiple pregnancies, Di

Renzo, GC, et al., Twin research : the official journal

of the International Society for Twin Studies 4 (3),

159-64

Ten commandments of risk management, Johnson,

WB, Journal of the Mississippi State Medical

Association 41 (9), 732-4

Environmental angels. Catholic health care system

abides by environmental Ten Commandments,

Nordhaus-Bike AM, Materials management in health

care 9 (6), 20, 22

Ten commandments for preventing contamination of

primary cell cultures. Vierck JL, Methods in cell

science : an official journal of the Society for In Vitro

Biology 22 (1), 33-41

Ten commandments of headache medicine, Singer RS,

Headache 39 (8), 589-90

The ten commandments of office-based surgery with

anesthesia, Harouche EF, Plastic and reconstructive

surgery 102 (3), 927

Ten commandments for writing family medicine

grants. , Beasley JW, Family medicine 30 (7), 515-6

Ten commandments of peer review, Maguire D,

Neonatal network : NN 17 (1), 63-7

The ten commandments of behavioral genetic data and

criminology, Nygaard RL, Judges’ journal 36 (3), _

59-64, 94-96

23.

24.

25.

26.

27.

29.

31.

1Sa

Ten commandments for the care of terminally ill

patients, Whitten JR, American family physician 57

(5), 935, 939-40

Four indefensible phlebotomy errors and how to

prevent them, Ernst DJ, Journal of healthcare risk

management : the journal of the American Society for

Healthcare Risk Management 18 (2), 41-6.

Getting your message out with social marketing,

Manoff RK, American journal of tropical medicine

and hygiene 57 (3), 260-5

The ten commandments of psychiatric research. Detre

T, Biological psychiatry 40 (7), 675-81

Ten principles and ten commandments of radiation

protection, Strom DJ, Health physics 70 (3), 388-93

Guidelines for treating low back pain in primary care.

The Israeli Low Back Pain Guideline Group, Borkan

J, Harefuah 130 (3), 145-51; 224

Ten measurement commandments that often should be

broken, Knapp TR, Research in nursing & health

18 (5), 465-9

Ten commandments of TQM, Sahney VK, Healthcare

information management : journal of the Healthcare

Information and Management Systems Society of the

American Hospital Association 8 (4), 3-4

Ten commandments without Mr. DeMille.,

Friedenreich K, Administrative radiology : AR 13 (6),

42-5

32.

33.

34.

35.

37.

38.

39.

16a

The ten commandments of caring for HIV-infected

patients, Glatt AE, Infectious disease clinics of North

America 8 (2), 275-8

Back then--plus ten commandments for graduates with

illustrative cases, Hardy JD Journal of the Mississippi

State Medical Association 34 (3), 83-5

The ten commandments of emergency medicine, Wrenn

K, Annals of emergency medicine 20 (10), 1146-7

Ten commandments for safe lipoplasty, Mladick RA,

Plastic and reconstructive surgery 87 (2), 382

Heart valves: ten commandments and still counting,

Harken DE, Annals of thoracic surgery 48 (3 Suppl),

$18-9

Adhesion and its ten commandments, Matasa CG,

American journal of orthodontics and dentofacial

orthopedics : official publication of the American

Association of orthodontists, its constituent societies,

and the American Board of Orthodontics 95 (4), 355-6

Ten commandments for clinical training. Hornblow

AR, New Zealand medical journal 101 (854), 604-6

Tie ten commandments and how to get out of them,

Matten F, Tradimus : The magazine for RCN nursing

students (8), 24-6

The Ten Commandments of Medical Ethics, Bonsett

CA, Indiana medicine : the journal of the Indiana State

Medical Association 80 (11), 1034, 1065

41.

42.

43.

45.

47.

48.

49.

17a

The ten commandments of buying a computer system,

Costa NG, Journal 49-50

Ten ‘A’ commandments from the Good Health

Symposium. Dawson D, Practitioner 230 (1416),

516-8

Ten legal commandments for nurses who get sued,

Mandell M, NursingLife 6 (3), 18-21

The ten commandments for immunotherapeutic drugs

at the example of sulfur-containing agents. Renoux G,

Comparative immunology, microbiology and

infectious diseases 9 (2-3), 121-9

Xenotransplants and ten commandments of the

otologist, Sultan AA, American journal of otology 6

(3), 263-5 |

Two sets of ten commandments for obstetricians,

Odent M, Journal of medical ethics 11 (1), 53

Ten commandments of medical etiquette for

psychiatrists. Pasnau RO, Psychosomatics 26 (2),

128-32

The ten commandments of arbitration, McDonald PA,

Michigan nurse 57 (2), 8

Ten commandments of management for supervisors to

follow., Health care newsletter 1

Ten commandments for effective consultations,

Goldman L, Archives of internal medicine 143 (9),

1753-5

51.

52.

53.

55.

57.

58.

59.

18a

Ten commandments for effective community relations,

Poole MD, Journal 32-4

Ten commandments for defendant-doctors: a lawyer’s

advice to furious, injured physicians accused of

malpractice, Mandell MS, Postgraduate medicine 70

(6), 202-3

Ten commandments of infection control, Lee M,

Health care (Don Mills) 23 (11), 21

Ten commandments for parents, Newsletter -

Department of Health National League of Nurses,

Manila, Philippines 21 (4), 21-2

Ten commandments of good urologic practice.

Bensimon H, Postgraduate medicine 68 (6), 81-2

The ten commandments--or how the therapist can

avoid delinquency, Berry R Journal of adolescence 2

(4), 297-306

Deinstitutionalization: avoiding the disasters of the

past., Talbott JA, Hospital & community

psychiatry 30 (9), 621-4

Ten commandments for the writing of good standard,

Schmidt, OH Clinical engineering news 5 (1), 5

The teaspoon dose, Catzel P, South African medical

journal 51 (17), 592-4

Posterior arch stapedioplasty. Ten commandments for

stapedectomy , Goodhill V , Archives of otolaryngology

100 (6), 460-4

6l.

62.

63.

65.

67.

19a

Ten commandments for a training supervisor (who

wants to alienate his disciples), Parrish MJ, Hospital

#38; community psychiatry 24 (9), 633

Ten commandments for improving survival. Bacon

HE, Pennsylvania medicine 74 (2), 59-62

Ten commandments of good communication. Canadian

journal of psychiatric nursing 10 (6), 14-5

Ten commandments for prescription practice, Walsh

RA, Journal of the American Pharmaceutical

Association 5 (10), 536-7

Ten Commandments for use of type faces. RAY B,

Journal of the Association of Medical Illustrators 12,

The ten commandments of orthodontics for the dentist,

SCHWARZ M, Deutsche Zahnarztliche Zeitung

[microform] 10 (12), 917-8

The ten commandments of buying TV fitness gadgets,

Executive Health’s Good Health Report Jul99, Vol. 35

Issue 10, p7 2/3p

The ten commandments of managed care contracting,

Southern Medical Journal Sep95 Supplement, Vol. 88

Issue 9, pl 1/2p

Ten commandments for writing a marvelous medical

paper, Unger, Donald L., ENT: Ear, Nose & Throat

Journal May95, Vol. 74 Issue 5, p369 Ip

70.

71.

72.

73.

74.

75.

76.

77.

78.

20a

The ten commandments of exercise, Executive Health’s

Good Health Report Jul94, Vol. 30 Issue 10, p6 1p; 7

cartoons

Ten commandments for working moms, Ladies’ Home

Journal Feb93, Vol. 110 Issue 2, p118 2/3p; 2c

The ten commandments of sports nutrition, Nieman,

D.C., Women’s Sports & Fitness Mar89, Vol. 11

Issue 2, p58 4p; 1 illustration

The Political Science of the Ten Commandments,

Shulman, Bernard Journal of Individual Psychology

Summer2003, Vol. 59 Issue 2, p166 10p

Ten Commandments for the School Nurse, Dworak,

Esther S., Journal of School Health Oct2001, Vol. 71

Issue 8, p392 1/2p

THE TEN COMMANDMENTS OF PHOTOTHERAPY,

Pediatrics Feb78, Vol. 61 Issue 2, p241 1/2p

Ten Commandments for Managing People, G A

“Andy” Marken Computer Technology Review; Jan

2004

Fervently following the ten commandments of B2B,

Rob Spiegel, Electronic News; Oct 15, 2001

The ten commandments of data warehousing, David

Sammon; Pat Finnegan, Database for Advances in

Information Systems; Fall 2000

79.

81.

82.

83.

85.

87.

88.

21a

Thou shalt learn and abide by the Ten Commandments

of cell-phone etiquette, Dan Briody, InfoWorld; Jun

12, 2000

Ten Commandments of Permission Marketing,

Blankenhorn, Dana, Boardwatch Magazine Dec99,

Vol. 13 Issue 12, p138 2p; lbw

Ten commandments for permissions, Anonymous,

Searcher; Apr 1999

Looking for a better way to develop software? Follow

these Ten Commandments, Christopher M Giglio,

InfoWorld; Jan 25, 1999

Ten Commandments of confrontation (or clarification),

Anonymous, Association Management; Nov 1998

Ten CE commandments, John D Ruley, Windows

Magazine; Mar 1998

Setting in stone the Ten Commandments of

I-commerce, Dylan Tweney, InfoWorld; Feb 2, 1998

Ten commandments for more logical app installation,

McEvoy, Steve, InfoWorld; Jun 19, 1995

Currid’s Ten Commandments Puts Electronic Mail

Use on Top, Currid, Cheryl, InfoWorld; Sep 28, 1992

The Ten Commandments: 25 Years of Managing

Projects Has Taught This Author Many Lessons Hall,

Ted, Computing Canada; Jan 19, 1989

89.

91.

92.

93.

95.

98.

22a

Ten Commandments for Hiring Staff, Hutton, Thomas

J., Association Management; Oct 1984

THE TEN COMMANDMENTS OF DATA-BASE,

PRICE, GERALD F., Data Management; MAY 72

The ten commandments for presentation visuals,

Parker, R., June 1995. v. 39 (2) ; 39, 2, p. 32-35.

The ten commandments of communicating with people

with disabilities, Irene M. Ward & Associates. 1

videocassette (52 min.) : sd., col. ; 1/2 in. + 16 p.

accompanying materials

Ten commandments for group, Williams, B., Sept

1992. v. 37 (9) ; 37, 9, p. 1-2.

Harold F. Breimyer’s ten commandments for farm

policy--and an eleventh, Breimyer, H., Second

Quarter 1990. v. 5 (2) ; 5, 2, p. 3.

The ten commandments of firing, Recker, W.A., May

1987. v. 32 (5) ; 32, 5, p. 42-43

Ten commandments for agricultural economics (and

perhaps other) administrators, Beattie, B.R., Dec

1983. v. 8 (2) ; 8, 2, p. 209-214.

Ten commandments for trainees, Marsh, Gerald, Dec

1978. v. 15 (12) ; 15, 12, p. 78-79.

The Ten Commandments of apple marketing, Miller,

C.R., Sept 1975, 353 ; p. 6.

101.

102.

103.

104.

105.

106.

107.

108.

109.

23a

Starting chicks right : with the ten commandments of

chick raising, Hanke, Oscar, August 31 p. : ill. 21

cm.

Ten commandments for aviators, Air Safety Week;

Sep 20, 2004

The Ten Commandments of PC Security, Daniel

Tynan, PC World.Com; Oct 29, 2003

The ten hinge commandments, Anonymous, Eureka;

Oct 2001

The Ten Commandments of Yellow Pages advertising,

Barry Maher, Air Conditioning, Heating &

Refrigeration News; Jan 29, 2001

Ten commandments of security design, William J

McKool, Access Control & Security Systems

Integration; Aug 2000. _-

The ten commandments, David Ranada, Stereo

Review’s Sound & Vision; Dec 1999

The Ten Commandments, Mel Neuhaus, Stereo

Review's Sound & Vision; Jul/Aug 1999

The Ten Commandments of E-Mail, Tom Spring, PC

World Online; Mar 29, 1999

Ten commandments for consultants, Zack Mansdorf,

Occupational Hazards; Sep 1997

Ten commandments, the design version, Louis Oliver

Gropp, House Beautiful; Jun 1997

110.

111.

112.

113.

114.

115.

116.

117.

118.

24a

The ten commandments of excellent design: VHDL

code examples, Peter Chambers, Electronic Design;

Apr 14, 1997

Ten Commandments for the successful loser, Graham,

John R, Accounting Today; Jan 6-Jan 19, 1997

The ten commandments of furniture repair, Wentz,

Mac, The Family Handyman; Nov 1996

Business Transformation-- The Ten Commandments of

Multiamedia -- Here’s how to get ready for interactive

media now, Don Tapscott, InformationWeek; Sep 2,

1996

Ten phone commandments, Yoegel, Rob, Target

Marketing; May 1996

The ten commandments of deregulation, Wroblewski,

Tim R, Electrical World; Sep 1995

Ten Commandments of Hiring And Firing, Point for

Credit Union Research & Advice 6/3/2004, pN.PAG

O0p

Ten commandments of service will spare you from sins

of overpromising, underdelivering, Sill, Brian

Nation’s Restaurant News 4/12/2004, Vol. 38 Issue

15, p26 2p

SPECIAL: Ten Commandments of Contract Law, Part

II, N.A., Nation, The (Thailand) 04/05/2004

119.

120.

121.

122.

123.

124.

125.

126.

25a

THE TEN COMMANDMENTS OF JOB HUNTING,

Grey, Paula Bannister, Intercom Apr2004, Vol. 51

Issue 4, p11 3p

SPECIAL: Ten Commandments of Contract Law, Part

I, N.A., Nation, The (Thailand) 03/29/2004

The Ten Commandments of Commercial Loan

Collections, Meis, Gregory J., RMA _ Journal

Feb2004, Vol. 86 Issue 5, p26 5p; lbw

Adoption of International Accounting Standards: Ten

commandments for the EU financial services sector,

Arora, Harpreet, Journal of International Banking

Regulation Dec2003, Vol. 5 Issue 2, p179 Ilp; 1

chart, 2 diagrams

Ten Commandments for Successful Leaders, Point for

Credit Union Research & Advice 11/17/2003,

pN.PAG O0p

THE. TEN COMMANDMENTS OF CHARACTER:

Essential Advice for Living an Honorable, Ethical,

Honest Life (Book), Riess, Jana, Publishers Weekly

7/14/2003, Vol. 250 Issue 28, p72 1/6p

The Ten Commandments of the Economic Crime

“Boss”, Business Credit Jul/Aug2003, Vol. 105 Issue

7, p70 Ip

The Ten Commandments of FDA Approval\, Seltzer,

Jonathan, Pharmaceutical Executive Apr2003, Vol. 23

Issue 4, p66 3p; 1 cartoon

127.

128.

129.

130.

131.

132.

133.

26a

Citizen Brand: Ten Commandments for Transforming

Brands in a Consumer Democracy (Book),

Douchenoire, Jean-Léon Design Management

Journal Spring2003, Vol. 14 Issue 2, p87 3/4p; lbw

The Ten Commandments of Cross-examination, Pratt,

Timothy A., FDCC: Federation of Defense &

Corporate Counsel Quarterly Spring 2003, Vol. 53

Issue 3, p257 15p

The Ten Commandments of Information Security

Awareness Training, Desman, Mark B., Information

Systems Security Jan/Feb2003, Vol. 11 Issue 6, p39

Ten new commandments for corporate governance,

Gerrish, Jeffrey C., ABA Banking Journal Nov2002,

Vol. 94 Issue 11, p16 3p; 3 charts, 3 graphs

Sinning in the Basement: What are the Rules? The Ten

Commandments of Applied Econometrics, Kennedy,

P.E., Journal of Economic Surveys Sep2002, Vol. 16

Issue 4, p569 21p

The Missing Tablet: Comment on Peter Kennedy & the

Ten Commandments, Magnus, J.R., Journal of

Economic Surveys Sep, 2002, Vol. 16 Issue 4, p605

Engineering ethics and the Ten Commandments, Orr,

Joel, Machine Design 7/25/2002, Vol. 74 Issue 14,

p58 Ip

134.

135.

136.

137.

138.

142.

27a

Ten Commandments while we ride the financial

rollercoaster, Johnson, Paul, Spectator 7/13/2002,

Vol. 289 Issue 9075, p24 Ip; 1 cartoon

The Ten Commandments of Effective Portfolios, St.

Amant, Kirk R., Intercom Jun2002, Vol. 49 Issue 6,

p10 3p; 3 cartoons

COMMUNICATING IN A MERGER--THE TEN

COMMANDMENTS, Castles, Gerald, Strategic

Communication Management Apr/May2002, Vol. 6

Issue 3, p5 Ip

The Ten Commandments for Presenting a Conference

Paper, McAleer, Michael, Journal of Economic

Surveys Apr2002, Vol. 16 Issue 2, p215 4p

TEN COMMANDMENTS OF ELECTRICAL SAFETY,

CEE News Mar2002, Vol. 54 Issue 3, p8 1/4p; Ic

The Ten Commandments for Attending a Conference,

McAleer, Michael, Journal of Economic Surveys

Dec2001, Vol. 15 Issue 5, p671 8p

The ten commandments of intrapreneurs, Robinson,

Mark, New Zealand Management Dec2001, Vol. 48

Issue 11, p95 3p; Ic

Employee motivation--the ten commandments, Works

Management Oct2001, Vol. 54 Issue 10, pil 1/4p

The Ten Commandments Of Selling, Schiffman,

Stephan, American Salesman Sep200i , Vol. 46 Issue

9, p23 2p

143.

144.

145.

146.

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148.

149.

150.

151.

28a

Ten Commandments for the Returning Sex Offender,

Report / Newsmagazine (Alberta Edition) 8/20/2001,

Vol. 28 Issue 16, p42 2p; Ic

Ten ‘Commandments’ of a Good Balanced Scorecard

Design, Pay for Performance Report Jun2001, Vol. 1

Issue 6, p4 Ip

Thou Shalt Not Forget: The Ten Commandments of

Investing, Greenberg, Herb, Fortune 04/16/2001, Vol.

143 Issue 8, p402 2p; 2c, lbw

Ten Commandments of agent fam trips ,Travel Weekly

04/12/2001, Vol. 60 Issue 30, p87 1/4p; Ic

THE TEN COMMANDMENTS OF SUCCESS, Rotella,

Mark, Publishers Weekly 04/02/2001, Vol. 248 Issue

14, p27 1/6p

Ten commandments for success in Europe, Managing

Intellectual Property Apr 2001 Issue 108, p27 8p

TEN COMMANDMENTS OF SUCCEEDING IN THE

FORECASTING FUNCTION, Jain, Chaman L. Journal

of Business Forecasting Methods & Systems

Spring2001, Vol. 20 Issue 1, p2 4p

The Ten Commandments of Writing, Harvard

Management Communication Letter Nov2000, Vol. 3

Issue 11, p6 2p

Ten commandments for profitable chemical projects,

Rao, U. B., Chemical Business Oct2000, Vol. 14

Issue 10, p9 2p

152.

153.

154.

155.

156.

157.

158.

159.

160.

29a

The Ten Commandments Perspective on Power and

Authority in Organizations, Ali, Abbas J. Journal of

Busiaess Ethics Aug2000 Part 2, Vol. 26 Issue 4,

p351 11p; 4 charts

The Real Ten Commandments for Today’s Corporate

World, Dalton, Dennis, Security: For Buyers of

Products, Systems & Services Aug2000, Vol. 37 Issue

8, p85 Ip; Ic

South Africa offers Ten Commandments for Thai

voters, Amorn Wanichwiwatana, Nation, The

(Thailand)

The Ten Coding Compliance Commandments , Gustin,

Georgette, Journal of Health Care Compliance

Mar/Apr2000, Vol. 2 Issue 2, p40 2p

Ten Commandments for safe and sane connectivity,

Rohan, Rebecca, Black Enterprise Mar2000, Vol. 30

Issue 8, p60 2p

The Ten Commandments of Telecommuting, Harvard

Managemeat Communication Letter Feb2000, Vol. 3

Issue 2, pl 3p

Look, Mom! The Ten Commandments!, Blank, Dennis,

Business Week 12/27/99 Issue 3661, p9 1/4p; lbw

The Ten Commandments of Meetings, Harvard

Management Communication Letter Nov99, Vol. 2

‘tssue 11, pl 3p

Top Ten Workplace Commandments, Workforce

Oct99, Vol. 78 Issue 10, p32 1/3p; Ic

161.

162.

163.

164.

165.

166.

167.

168.

30a

The Ten Commandments for managing a growing

business, McCafferty, Michael, Motion Systems

Distributor Sep/Oct99, Vol. 13 Issue 5, p63 3p

The ten commandments of prospecting, Goldner, Paul

S., Paint & Coatings Industry Jul99, Vol. 15 Issue 7,

p90 2p

The Ten Commandments of Presentations, Harvard

Management Communication Letter Jul 99, Vol. 2

Issue 7, p7 2p :

The new Ten Commandments, Newman, Peter C..,

Maclean’s 06/21/99, Vol. 112 Issue 25, p16 Ip; Ic

FSA Consolidates the ten Commandments on financial

Regulation, International Insurance Monitor 1998 4th

Quarter, Vol. 51 Issue 4, p41 1/3p

Ten commandments of selling forecasts to forecast

user, Jain, Chaman L., Journal of Business

Forecasting Methods & Systems Winter98/99, Vol. 17

Issue 4, p2 3p

Foundation of business ethics in contemporary

religious thought: The Ten Commandments

perspective, Ali, Abbas J., International Journal of

Social Economics 1998, Vol. 25 Issue 9/10, p1552

13p

Brambles obeys the Ten Commandments, Rennie,

Philip, BRW 08/03/98, Vol. 20 Issue 29, p28 Ip; 1

graph

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170.

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172.

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3la

Ten commandments for building the medium, Chase,

Steve, Executive Speeches Aug/Sep98, Vol. 13 Issue

1, pl 6p

Ten commandments for converting your intranet into

a..., Lister, Tom, Performance Computing Jul98,

Vol. 16 Issue 8, p37 3p

The ten commandments of cinema advertising,

Schloss, Alfie, SHOOT 06/19/98, Vol. 39 Issue 25,

p4 2p

Ten commandments for hazardous materials shipping,

Minahan, Tim, Purchasing 06/18/98, Vol. 124 Issue

10, p76 2p; Ic

Ten Thousand Commandments: Toward Accountability

and Disclosure in the Regulatory State, Crews Jr.,

Clyde Wayne, Public Manager Summer98, Vol. 27

Issue 2, p5 4p

Ten commandments for building the medium, Case,

Steve, Vital Speeches of the Day 05/01/98, Vol. 64

Issue 14, p431 Sp ?

The ten commandments of security, Lau, Oliver,

Computers & Security 1998, Vol. 17 Issue 2, p119 Sp

The ten commandments of successful marketing on the

Net, Hosek, Eric, Travel Weekly 01/05/98, Vol. 57

Issue 1, pl1 Ip; 2c

The ten commandments of selling’, Schiffman,

Stephan, American Salesman Jan98, Vol. 43 Issue 1,

p29 2p

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183.

184.

185.

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32a

CHAPTER NINE: TEN ENVIRONMENTAL

COMMANDMENTS, Environmental Management

Handbook 1998, p689 3p

Ten Commandments for picking the charities your

bank should help, Nadler, Paul, American Banker

12/23/97, Vol. 162 Issue 245, p8 1/2p; lbw

Ten commandments of business etiquette, Successful

Meetings Aug97, Vol. 46 Issue 9, p41 2/Sp; 1 cartoon

Who says there are only ten commandments ?, Powers,

Shasonta, Women in Business Jul/Aug97, Vol. 49

Issue 4, pll 1/2p; Ic

THE TEN COMMANDMENTS FOR ORGANIZING A

CONFERENCE, McAleer, Michael, Journal of

Economic Surveys Jun97, Vol. 11 Issue 2, p231 3p

The ten commandments of lease evaluation, Vincent,

Carl G., Facilities Design & Management Feb97, Vol.

16 Issue 2, p27 Ip

Moses meets big brother: The ten commandments of

privacy, Featherman, John, Bulletin of the American

Society for Information Science & Technology

Feb/Mar97, Vol. 23 Issue 3, p26 2p

Ten commandments for losers, Graham, John R.,

Incentive Feb$7, Yo! 171 Issue 2, p32 3p; Ic

The ten commandments of mobile satellite

communications, Shankar, Bhawani

Telecommunications - Americas Edition Feb97, Vol.

31 Issue 2, p71 2p

187.

188.

189.

190.

191.

192.

193.

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33a

Ten commandments, Goldberg, Aaron, MC:

Marketing Computers Dec96, Vol. 16 Issue 11, p16

Ip; 2c

Ten commandments of sales management, Bressler,

Martin, Marketing News 11/04/96, Vol. 30 Issue 23,

p4 1/3p; lbw ;

Ten commandments for political reporters, Simpson,

Barbara, Electronic Media 9/23/96, Vol. 15 Issue 39,

pl2 1/Sp

The ten commandments of multimedia, Tapscott, Don,

InformationWeek 9/2/96 Issue 595, p53 6p; 3 charts,

Ten commandments for successful training , Broadwell,

Martin M., Training Aug96, Vol. 33 Issue 8, p16

3/4p

Ten commandments for PR Firm Principals, Croft,

A.C., Public Relations Quarterly Spring96, Vol. 41

Issue 1, p35 2p

The ten commandments of leadership, Runcie, John F.

Journal for Quality & Participation Oct/Nov95, Vol.

18 Issue 6, p24 4p

Ten Commandments for Managing People. Marken,

G. A., Computer Technology Review Jan2004, Vol.

24 Issue 1, p39 1/2p

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