it is hard to imagine how tying a minor child down can be anything but a tort. Professor Lund seems to imply there is a religious exception to normal tort law for tying up and abusing children. what might that be?
Paul Finkelman President William McKinley Distinguished Professor of Law and Public Policy Albany Law School 80 New Scotland Avenue Albany, New York 12208-3494 518-445-3386 [EMAIL PROTECTED] >>> "Christopher Lund" <[EMAIL PROTECTED]> 06/28/08 13:51 PM >>> I read the opinions -- there are several different views in the dissents. How do you think these cases should be decided? Can she recover for just the physical injuries? Physical and emotional ones? Do we just apply the regular tort concepts of false imprisonment and battery and IIED? Isn't there a danger that, in doing so, the jury will pass on religious issues? Opinions available here everybody: Opinion of the Court: http://www.supreme.courts.state.tx.us/historical/2008/jun/050916.pdf Primary Dissent: http://www.supreme.courts.state.tx.us/historical/2008/jun/050916d1.pdf Dissent 2: http://www.supreme.courts.state.tx.us/historical/2008/jun/050916d2.pdf Dissent 3: http://www.supreme.courts.state.tx.us/historical/2008/jun/050916d3.pdf Christopher C. Lund Assistant Professor of Law Mississippi College School of Law 151 E. Griffith St. Jackson, MS 39201 (601) 925-7141 (office) (601) 925-7113 (fax) >>> <[EMAIL PROTECTED]> 06/28/08 8:26 AM >>> This decision is plainly wrongly decided. I sincerely hope a cert petn is being filed. When coupled with the cavalier return of the child victims of the FLDS, the Texas Sup Ct has established Texas as a refuge for those who abuse children in the name of religion. Marci Marci A Hamilton Paul R Verkuil Chair in Public Law Benjamin N Cardozo School of Law Yeshiva University ------Original Message------ From: Joel Sogol Sender: [EMAIL PROTECTED] To: Religionlaw ReplyTo: Law & Religion issues for Law Academics Sent: Jun 28, 2008 8:46 AM Subject: Court: Exorcism is protected by law - Faith- msnbc.com http://www.msnbc.msn.com/id/25423465/ _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. Sent from my Verizon Wireless BlackBerry _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.