Amicus Curiae Brief — McCreary County v. American Civil Liberties Union of Ky.

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| Supreme Court, U.S

FILED

DEC 8- 2004 |

OFFICE OF THE CLERK

GC,

No. 03-1693

In the

Supreme Court of the Anited States

McCreary County, KENTUCKY, ET AL.,

Petitioners,

AMERICAN Civit LIBERTIES UNION

OF KENTUCKY, ET AL.,

Respondents.

On Writ of Certiorari to the United States

Court of Appeals for the Sixth Circuit

BRIEF OF AMICUS CURIAE AMERICAN

CENTER FOR LAW AND JUSTICE IN

SUPPORT OF PETITIONERS

Jay ALAN SEKULOW

Counsel of Record

Stuart J. RoTu

FRANCIS J. MANION

WALTER M. WEBER

GEOFFREY R. SURTEES

AMERICAN CENTER FOR

LAW AND JUSTICE

201 MARYLAND Ave., N.E.

Wasuincton, D.C. 20002

(202) 546-8890

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Becker Gallagher Legal Publishing, Inc. , 800.890.5001

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TABLE OF CONTENTS

I i le i i od

FEE OTT Ee eT,

Gy GED cui ic cccwocsecceuscséue B

THE HISTORY AND _ UBIQUITY OF

GOVERNMENTAL AND OTHER SECULAR

RECOGNITION OF THE DECALOGUE

SUPPORTS THE INCLUSION OF THE TEN

COMMANDMENTS IN A_ DISPLAY OF

FOUNDATIONS OF AMERICAN LAW

A. Evidence of Judicial Recognition ........... 4

1. The U.S. Supreme Court ............. 4

Recognition by the Executive Branch Tre r Te S.

C. Legislative Recognition .................10

_ D. Recognition by Depiction on Public Property . . . 15

E. Recognition in Secular and Popular Culture ... 20

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

Vieenal Publis LIRGMG” «on cc eecseeneeen 12a

ili

TABLE OF AUTHORITIES

Cases

Abington School Dist. v. Schempp,

DUMPED wo ccesctocccscesceses 23

ACLU v. Mercer County,

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

ACLU of Kentucky v. McCreary County,

354 F. 3d 438 (6" Cir. 2003) ........ 2, 3, 21, 22

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) ............... l

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

375 F. 3d 484 (6" Cir. 2004) ...........2. 1, 13

Anderson v. Maddox, 65 So.2d 299 (Fla. 1953) ...... 7

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

cert. denied, 414 U.S. 879 (1973) ............ 19

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

re 6

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

cert. denied, 532 U.S. 1058 (2001) ........... 19

Bray v. Alexandria Women’s Health Clinic,

a l

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

DOP Wak CP UNOED & 6.6.6 6 eo sie ones eeaensens 4

City of Elkhart v. Books, 532 U.S. 1058 (2001) ..... 3

Commissioners of Johnson County v. Lacy,

2) eo | PORTS UC TESTE TTT 7

County of Allegheny v. American Civil Liberties Union,

A re ee am

Edelman v. Jordan, 415 U.S. 651 (1974) .......... 13

Edwards v. Aguillard, 482 U.S. 578 (1987) ........ 5

Elk Grove Unified School Dist. v. Newdow,

oF ee BE ferro ere ee 4

Equity Inv. v. Paris, |

437 N.Y.S. 2d 1000 (N. Y. Civ. Ct. 1981) ...... 10

Freedom From Religion Foundation, Inc. v.

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

cert. denied, 516 U.S. 1111 (1996) ........... 19

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)............... 19

Gray v. Mississippi, 481 U.S. 648 (1987) .......... 13

Griswold v. Connecticut, 381 U.S. 479 (1965) ...... 5

Hahn v. United States, 524 U.S. 236 (1998) ........ 13

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

aff'd 15 F.3d 1097 (11th Cir. 1994) ........... 19

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

Lamb’s Chapel v. Center Moriches Union Free Sch. Dist.,

EE bn 66 6h eee Oeste KS l

Lynch v. Donnelly, 465 U.S. 668 (1984) ..3,4,5, 15, 22

Marsh v. Chambers, 463 U.S. 783 (1983) .... 2, 20,22

McConnell v. Federal Election Comm’n,

Re ee ee ae ee l

McGowan v. Maryland, 366 U.S. 420 (1961) .. 5, 10, 13

Moore v. Strickling, 33 S.E. 274 (W.Va. 1899) ...... 6

O’Rourk v. State, 53 N.W. 591 (Neb. 1892) ........ 7

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

og ree err ee |

Schmidt v. Cline,

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

State v. Gamble Skogmo, Inc.,

144 N.W.2d 749 (N.D. 1966) ............... 6

Stone v. Graham, 449 U.S. 39 (1980) .......... 5, 13

Suhre v. Haywood Cty.,

55 F. Supp. 2d 384 (W. D. N.C. 1999) ........ 19

Westside Comm. Sch. v. Mergens,

re See ea ]

Other Authorities

John Adams, 4 The Works of John Adams, Second

President of the United States 9,

(Francis Adams, ed. 1851) ................ 8-9

John Quincy Adams, Letters of John Quincy Adams

to His Son (Auburn: James M. Alden, 1850) ..... 9

Albert Altschuler, Rediscovering Blackstone,

145 U. Pa. L. Rev. 1 (IDBS) . ww wc ccc cece 1]

Harold J. Berman, /ndividualistic And Communitarian

Theories of Justice: An Historical Approach

21 U. Cal. Davis L. Rev. 549-575 (1988) ....... 11

Blackstone’s Commentaries, Book I, Sec. 2. ........ 11

Daniel J. Boorstin, The Mysterious Science of

I oc soak eee ah eS SESS 11

A Compilation of the Messages and Papers of the

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

U.S. Government Printing Office) ............ 12

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.,

Sk 0 PPT Te re rer Ter eee 12

Vii

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

American Republic, 1998, Library of Congress,

WH, Es ccc eewecveuetnasncenes 12

Jefferson’s First Inaugural, 1801 ............... 8

Kennedy’s Inaugural, 1961 .............200004- 8

Russell Kirk, The Roots of American Order, Regnery

eee ree ee 12

The Founders’ Constitution, Kurland and Lerner, eds.

_ § 8S PCT eC ee eT e TT ee 15

Lincoln’s Second Inaugural, 1865 ............... 8

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

American Constitution: A Documentary History ... 11

Michael Novak, On Two Wings: Humble Faith and

Common Sense at the American Founding,

Encounter Books, 2001 ................... 12

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

British Colonies Asserted and Proved .......... 14

Thomas Paine, Common Sense, quoted in

The Founders’ Constitution, Vol. 1, ch. 4, p. 106 . . 14

Practitioner’s Handbook for Appeals to the Eighth Circuit,

Third Edition (2000) at 105 ............... 21

Theodore Roosevelt, The Strenuous Life, 1900 ...... 9

Vill

Harry A. Stout, How Preachers Incited Revolution,

Christianity Today, Spring 1996 ............. 14

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 ...............2.0.. 10

Washington’s First Inaugural, 1789 ............. 8

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 decision below is premised upon the Sixth Circuit’s

curiously xenophobic dimissal of the Decalogue as “several

thousands of years old, [and] not a product of European or

American culture . . .” ACLU of Kentucky v. McCreary

County, 354 F. 3d 438, 460 (6" Cir. 2003).' But, despite not

having been “made in the U.S.A.,” the Ten Commandments

have long been acknowledged for their role in the formation

of the Western legal tradition generally and Anglo-American

law in particular. From the beginning of the Nation’s history

and, with the exception of recent decisions such as that of the

court below, recognition of the Decalogue’s influence on

secular legal codes has been noncontroversial.

Such recognition has manifested itself historically in

widespread references to the Decalogue by government

officials, especially members of the judiciary, as a source and

symbol of law. Depictions of Moses and the Ten

Commandments in public buildings and spaces, especially

those concerned with the making of laws and the

administration of justice, are ubiquitous and may be

considered “part of the fabric of our society.” Marsh v.

Chambers , 463 U.S. 783, 792 (1983). Widespread use of the

Ten Commandments as a symbol of rules in purely secular

contexts further demonstrates that a reasonable observer,

viewing the Decalogue in the context in which it is displayed

' A similar observation could be made about such rather ubiquitous

things as the wheel, numbers, language, fire and the human race

itself.

by petitioners, would recognize and understand that

petitioner’s purpose is a secular one.

Given the historically undeniable secular impact of the

Decalogue on the development of our legal system, as well as

its culturally pervasive use as a symbol of secular law, the

Sixth Circuit’s virtual presumption of invalid religious

purpose and implicit requirement that governments go to

extraordinary lengths to “secularize” displays of the

Decalogue is unwarranted by the Establishment Clause.

ARGUMENT

THE HISTORY AND UBIQUITY OF

GOVERNMENTAL AND OTHER SECULAR

RECOGNITION OF THE DECALOGUE

SUPPORTS THE INCLUSION OF THE TEN

COMMANDMENTS IN A_ DISPLAY OF

FOUNDATIONS OF AMERICAN LAW.

The decision below completely omitted any reference to

the “history and ubiquity” element of this Court’s

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

? This deficiency was noted by the dissent. McCreary County, 354

F. 3d 438, 479-482 (6" Cir. 2003) (Ryan, J., dissenting).

governmental practice conveys a message of endorsement of

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

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 a secular symbol of law in American culture. In fact, a

survey of the judicial, executive, legislative and other secular

references to and depictions of the Ten Commandments

demonstrates that such symbolic use of the Decalogue 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. Evidence of Judicial Recognition

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.

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”).

> 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.

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.”)

® 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 moral

principles without founding the law upon the sand, instead of

upon the eternal rock of justice and equity.”)

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

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 listing 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 McCreary County’s inclusion of the

Commandments in its display.

B. 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:

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

were not commandments of Heaven, they must be

* 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.

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 Roosevelt, 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.°

C. 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 find that, historically, the foundational role

of the Commandments has found expression in legislation. It

> For Truman, the law given on Sinai was the basis of American

law. McCreary County, by contrast, is content to include the

Decalogue as merely one among many sources of the law.

is no exaggeration to say that the Ten Commandments,

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

millennium.

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

® The founding generation learned its law from Blackstone’s

Commentaries on the Laws of England. 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

greatarole...” Daniel J. Boorstin, The Mysterious Science of the

Law (1958).

7? Harold J. Berman, Individualistic And Communitarian Theories

of Justice: An Historical Approach 21 U. Cal. Davis L. Rev. 549-

575 (1988).

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.*

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.

® 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

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,

trom 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).

9 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.

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

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

10 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

has said that summary action here does not have the same

precedential effect as does a case decided upon full briefing and

argument”).

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. 1, ch. 4, p. 106.

This equating of the British regime with idolatry was a

common rhetorical tool used by advocates of American

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 British

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.

D. 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 11a-1.

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

2 Id.

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 la-

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):

¢ 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 11a-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

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

4 Id.

Decalogue. Painting is located above the bench.

Traces, Vol. 15, No. 3, Summer 2003. App. B 1la-

Pennsylvania Supreme Court in Harrisburg, PA

Supreme Court courtroom contains painting of “The

Decalogue — Hebrew Idea of Revealed Law.” App.

B 11a-5.

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 11a-7.

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

Ceremonial courtroom displays statues of Moses,

Hammurabi, Solon and Justirian. 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 11la-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 facade 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 lla-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.

National Archives, Washington, D.C.

Ten Commandments depiction embedded in floor of

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

Library of Congress, Washington, D.C.

Statue of Moses holding Decalogue overlooks main

reading room. App. B 1 la-14.

Nebraska State Capitoi, Lincoln, NE

Statue of Moses the Lawgiver on outside of state

capitol building.

» 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, 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

'S Books v. City of Elkhart, 235 F. 3d 292 (2000) cert. denied, 532

U.S. 1058 (2001).

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

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

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

1999).

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

1463 (7th Cir. 1987).

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

414 U.S. 879 (1973).

” 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.

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.

E. 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

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;” nor

does the reasonable observer require a learned treatise setting

forth the evidence connecting the Decalogue with the

development of Anglo-American law and culture, McCreary

County, 354 F. 3d at 476 (Ryan, J., dissenting) in order to

dispel any suspicion that “The Ten Commandments of

Furniture Repair” might be a sly attempt at religious

proselytization. App. C.

* * *

The Sixth Circuit’s failure to appreciate the place in the

Nation’s cultural landscape of the Ten Commandments as a

universally recognized symbol of Law led to the erroneous

result in this case. The nation’s courthouses and court

decisions, its legislation and legislators, its political and

popular culture, all combine to repudiate the Sixth Circuit’s

absurdly jingoistic and narrow-minded dismissal of the

Decalogue as something “several thousands of years old,

[and] not a product of European or American culture . . .”

McCreary County, 354 F. 3d at 460. On the contrary, 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. at1792.

CONCLUSION

Justice Goldberg once wrote that:

[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., concurring)

The Sixth Circuit’s decision in this case ignores the

significance of the Decalogue’s role in and impact on

American culture. The court’s erroneous reasoning is

constitutionally unwarranted and historically myopic and

would lead to the bulldozing of the Nation’s cultural

landscape.

This Court should reverse the decision of the court below.

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 (lowa

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. 182, 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, Inc. v. 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

East Pediment of U.S. Supreme Court Building

Detail

lla-3

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

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eth 9 ~

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Pennsylvania Supreme Court

“The Decalogue —- Hebrew Idea of Revealed Law”

U.S. Courthouse in Indianapolis, Indiana

Van Ingen’s “Appeal to Justice”

Detail

lla-7

-Minnesota Supreme Court

Moses Receiving the Ten Commandments

Cuyahoga County Courthouse in Cleveland, Ohio

Statue of Moses Overlooking Main Entrance

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

Statutes of Hammurabi, Moses, Solon, Justinian

‘7

lla-9

THE COMMANDMENTS

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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.

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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.

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26.

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29.

30.

31.

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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.

36.

ae.

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, Miadick RA,

Plastic and reconstructive surgery 87 (2), 382

Heart valves: ten commandments and still counting,

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

S18-9

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

The 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 |

Ten commandments for effective consultations,

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

1753-5

51.

52.

54.

55.

56.

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 « 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

61.

62.

63.

65.

67.

69.

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.

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78.

20a

The ten commandments of exercise, Executive Health’s

Good Health Report Jul94, Vol. 30 Issue 10, p6 Ip; 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.

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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.

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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.

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105.

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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.

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113.

114.

115.

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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

00p

Ten commandments of service will spare you from sins

of overpromising, underdelivering, Sill, Brian

Nation’s Restaurant N ws 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.

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126.

25a

THE TEN COMMANDMENTS OF JOB HUNTING,

Grey, Paula Bannister, Intercom Apr2004, Vol. 51

Issue 4, pl1l 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 1lp; 1

chart, 2 diagrams

Ten Commandments for Successful Leaders, Point for

Credit Union Research & Advice 11/17/2003,

pN.PAG 00p

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 “ommandments, 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.

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137.

138.

139.

140.

141.

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, p11 1/4p

The Ten Commandments Of Selling, Schiffman,

Stephan, American Salesman Sep2001, Vol. 46 Issue

9, p23 2p

143.

144.

145.

146.

147.

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

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

p351 1lp; 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

Management 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

Issue 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

169.

170.

171.

172.

173.

174.

175.

176.

177.

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, pS 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, pll Ip; 2c

The ten commandments of Selling’, Schiffman,

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

p29 2p

178.

179.

180.

181.

182.

183.

184.

185.

186.

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 2/5p; 1 cartoon

Who says there are only ten commandments ?, Powers,

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

Issue 4, pl1 1/2p; Ic

THE TEN COMMANDMENTS FOR ORGANIZING A

CONFERENCE, McAleer, Michael, Journal of

Economic Surveys Jun97, Vol. il 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 Feb97, Vol. 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

33a

187. Ten commandments, Goldberg, Aaron, MC:

Marketing Computers Dec96, Vol. 16 Issue 11, p16

Ip; 2c

188. Ten commandments of sales management, Bressler,

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

p4 1/3p; lbw

189. Ten commandments for political reporters, Simpson,

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

pl2 1/Sp

190. The ten commandments of multimedia, Tapscott, Don,

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

191. Tencommandments for successful training, Broadwell,

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

3/4p

192. Ten commandments for PR Firm Principals, Croft,

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

Issue 1, p35 2p

193. The ten commandments of leadership, Runcie, John F.

Journal for Quality & Participation Oct/Nov95, Vol.

18 Issue 6, p24 4p

194. Ten Commandments for Managing People. Marken,

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

24 Issue 1, p39 1/2p

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.