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

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385016_0005%3A12

## Record

- **Collection:** Supreme Court brief
- **Document type:** Amicus Curiae Brief
- **Published:** January 1, 2005
- **Citation:** 545 U.S. 844

## Text

| 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,

V.

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.

B.

C. Legislative Recognition .................10
_ D. Recognition by Depiction on Public Property . . . 15

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

8

ii
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

Vv

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

vi

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

2

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.

3

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).

4

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

5

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.

6
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

7

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.

8

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.

9

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.

10

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.

11

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).

12

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.

13

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”).

14

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

15

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.

16

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-
2.

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.

17

Decalogue. Painting is located above the bench.
Traces, Vol. 15, No. 3, Summer 2003. App. B 1la-
4.

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.

18

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.

19

» 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.

20

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

21

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 . . .”

22

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.

23
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

la

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)

2a

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)

3a

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).

4a
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)

®

Sa
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)

6a

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)

Ta

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)

8a

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)

-_ _— ——

9a
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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a we «
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eth 9 ~
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ow ote “Y —
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gee + Tr
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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
P|

lla-9

THE COMMANDMENTS

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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,
US

. 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.

16.

17.

18.

19.

20.

21.

22.

l4a

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.

28.

29.

30.

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.

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,
18

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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74.

75.

76.

77.

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.

80.

81.

82.

83.

84.

85.

86.

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.

94.

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.

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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

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.

121.

122.

123.

124.

125.

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

6p

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

Sp

Engineering ethics and the Ten Commandments, Orr,
Joel, Machine Design 7/25/2002, Vol. 74 Issue 14,
p58 Ip

134.

135.

136.

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,
4c

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385016_0005%3A12. Public record. Not legal advice.