RE: ACLU of Ohio Demands Schools Stop Teaching Intelligent Design asScience

2006-02-15 Thread Friedman, Howard M.





This follows on yesterday's 
11-4 vote by the Ohio Board of Education to remove from its science standards 
and related model lesson planlanguageencouraging teachers to 
critically analyze evolutionary theory. More on my blog 
http://religionclause.blogspot.com/2006/02/ohio-reversal-no-teaching-of.html


*Howard M. 
Friedman Disting. Univ. 
ProfessorEmeritusUniversity of Toledo College of LawToledo, OH 
43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: 
[EMAIL PROTECTED] * 



From: [EMAIL PROTECTED] on 
behalf of [EMAIL PROTECTED]Sent: Tue 2/14/2006 11:58 PMTo: 
religionlaw@lists.ucla.eduSubject: ACLU of Ohio Demands Schools Stop 
Teaching Intelligent Design asScience 

Excerpt of 2/14/2006 press release:

TOLEDO, OH -- The American Civil Liberties Union 
of Ohio today sent a letter to the Toledo Public Schools demanding that they 
cease allowing staff to teach intelligent design in science classrooms 
throughout the district.

"Intelligent design has been proven to be nothing 
more than a thin cover for those who wish to teach creationism, a faith-based 
idea of human origins endorsed by certain Christian denominations, in science 
classes," said ACLU of Ohio Legal Director Jeffrey Gamso. "While people have a 
right to teach their religious beliefs to others in churches, mosques, 
synagogues and private schools, public schools should not be used by people to 
teach their personal religious beliefs to other people's children."

Gamso added, "Proponents of intelligent design 
have been unable to provide any credible scientific evidence to support their 
theories. The scientific community has, time and again, largely refuted 
purported evidence supporting intelligent design. By continuing to allow 
teachers to implement intelligent design into the science curriculum, educators 
are misinforming Ohio's children on the fundamental principles of 
science."


The remainder of thepress release is at

http://www.aclu.org/religion/schools/24147prs20060214.html

Allen Asch
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Re: most important recent decisions

2006-02-15 Thread Paul Finkelman
well that makes it significant; there is more to the Court than just 
narrow legal results.  ANything that get that much publicity is 
significant, even if it is not legally a change.


Malla Pollack wrote:
Why Kelo? I know it produced a storm of protest, but the majority was 
just following so-called settled law.


 


Malla Pollack

Professor, American Justice School of Law

Visiting Univ. of Idaho, College of Law

[EMAIL PROTECTED]

208-885-2017

 


-Original Message-
From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED] On Behalf Of Ilya Somin

Sent: Tuesday, February 14, 2006 4:20 PM
To: robson
Cc: Law  Religion issues for Law Academics; ConLaw Prof
Subject: Re: most important recent decisions

 

I would pick Raich, Kelo, McConnell v. FEC (assuming it counts for 
2003), The Guantanamo cases as a group (I'm not sure it's worth trying 
to separate them out), and Roper v. Simmons.


robson wrote:

Paul:

 

Excluding Lawrence  Grutter as from the 2002 term, my picks for 
important cases would be:


 


Ashcroft v ACLU

Hamdi

Tennessee v. Lane

Locke v. Davey

Kelo

Castle Rock

Roper v. Simons

Gonzalez v. Oregon

 

 


and when decided, I'd probably put Rumsfeld v. FAIR on the list.

 


Ruthann

 


Ruthann Robson
Visiting Professor of Law
Stetson University College of Law
1401 61st Street South
Gulfport, FL 33707
[EMAIL PROTECTED] mailto:[EMAIL PROTECTED]
727.562.7325

 


Professor of Law
City University of New York School of Law
65-21 Main Street
Flushing, NY 11367
[EMAIL PROTECTED] mailto:[EMAIL PROTECTED]
718.340.4447

 


- Original Message -

From: Paul Finkelman [EMAIL PROTECTED] 
mailto:[EMAIL PROTECTED]


To: Lawprof [EMAIL PROTECTED] 
mailto:[EMAIL PROTECTED]; ConLaw Prof conlawprof@lists.ucla.edu 
mailto:conlawprof@lists.ucla.edu; Law  Religion issues for Law Academics religionlaw@lists.ucla.edu 
mailto:religionlaw@lists.ucla.edu


Sent: Tuesday, February 14, 2006 10:21 AM

Subject: most important recent decisions

 


I am trying to get a sense of what the most important recent US Sup. Ct.
 decisions are for the past 4 terms 02-03
 03-04
 04-05
 and as they come in
 05-06

 I am trying to identify the 8-10 (more or less) most important decisions
 of each term.  Off list responses would be find, but it might make an
 interesting discussion for a day or two if it is done on list.

 I realize this is a totally unscientific survey, but I think it will be
 useful as a way of seeing how we (law profs)  see the court's
 decisions.  Obviously most important can be decisions we don't like.

 Thanks in advance.

 --
 Paul Finkelman
 Chapman Distinguished Professor of Law
 University of Tulsa College of Law
 3120 East 4th Place
 Tulsa, OK  74105

 918-631-3706 (voice)
 918-631-2194 (fax)

 [EMAIL PROTECTED] mailto:[EMAIL PROTECTED]


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--

Ilya Somin

Assistant Professor of Law

George Mason University School of Law

3301 N. Fairfax Dr.

Arlington, VA 22201

ph: 703-993-8069

fax: 703-993-8202

e-mail: [EMAIL PROTECTED] mailto:[EMAIL PROTECTED]

Website: http://mason.gmu.edu/~isomin/




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--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]


Re: most important recent decisions

2006-02-15 Thread Paul Finkelman
Thanks Yvette, and everyone else.  I have been flooded off list and on; 
will try to provide a summary in a few days or a week


Barksdale, Yvette wrote:
Hi Paul 


I would add Raich to that list - because it was the first case that
significantly narrowed  the potential scope of Morrison and Lopez with
respect to Congress' authority to regulate purely intrastate, arguably
non- economic activity. Other cases had either addressed clearly
interstate activity (driver's license info case), or hid  behind narrow
statutory construction (ex. Solid Waste, and  Jones (the Hobbs Act
case))

yb
 
***/***
 
Professor Yvette M. Barksdale

The John Marshall Law School
315 S. Plymouth Ct. 
Chicago, IL 60604

(312) 427-2737 (phone)
(312) 427-9974 (fax)
 
***/***


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Paul Finkelman
Sent: Tuesday, February 14, 2006 9:21 AM
To: Lawprof; ConLaw Prof; Law  Religion issues for Law Academics
Subject: most important recent decisions

I am trying to get a sense of what the most important recent US Sup. Ct.

decisions are for the past 4 terms 02-03
03-04
04-05
and as they come in
05-06

I am trying to identify the 8-10 (more or less) most important decisions

of each term.  Off list responses would be find, but it might make an 
interesting discussion for a day or two if it is done on list.


I realize this is a totally unscientific survey, but I think it will be 
useful as a way of seeing how we (law profs)  see the court's 
decisions.  Obviously most important can be decisions we don't like.


Thanks in advance.




--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]

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American Courts Asked to Interpet Muslim Marriage contract

2006-02-15 Thread rjlipkin

 I have a student who is doing a moot court project on whether state courtscan settle a dispute over the meaning of an Islamicmarriage contract.The parties are resident aliens and the question is whetherthe courts can interpret the relevant provisions of the religious marriage contract without violating the Establishment Clause. I''m sure this issue has arisen in the domestic context of mainstream American religions, but I am not familiar with the caselaw in this area. Whatever the answer to the domestic question is,does the fact that the parties are resident aliens affect the answer.Off-List replies are fine, and I'll assume they can be shared with other List members. If you do not want me to share off-List responses please let me know. Thanks in advance.

BobbyRobert Justin LipkinProfessor of LawWidener University School of LawDelaware
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RE: American Courts Asked to Interpet Muslim Marriage contract

2006-02-15 Thread Marc Stern








Avitzur v. Avitzur, 58 NY2d 108.I have a
vague recollection of a Moslem marriage cases from somewhere but no longer remember
the details. Ontario
just this week barred religious arbitration of matrimonial disputes.

Marc Stern











From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]
Sent: Wednesday, February 15, 2006
3:14 PM
To: Religionlaw@lists.ucla.edu
Subject: American Courts Asked to
Interpet Muslim Marriage contract











 I have a student who is
doing a moot court project on whether state courtscan settle a dispute
over the meaning of an Islamicmarriage contract.The parties are
resident aliens and the question is whetherthe courts can interpret the relevant provisions of
the religious marriage contract without violating the Establishment Clause.
I''m sure this issue has arisen in the domestic context of mainstream American
religions, but I am not familiar
with the caselaw in this
area. Whatever the answer to the domestic question is,does the fact
that the parties are resident aliens affect the answer.Off-List replies
are fine, and I'll assume they can be shared with other List members. If
you do not want me to share off-List responses please let me know.
Thanks in advance.











Bobby

Robert Justin Lipkin
Professor of Law
Widener University School
of Law
Delaware












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Re: American Courts Asked to Interpet Muslim Marriage contract

2006-02-15 Thread Samuel V
You would probably find analogous cases regarding courts' ability to
apply the requirements of Jewish law to get a Ghet or Get, a
Jewish divorce.  The first spelling would obviously be more
westlawable or lexisable.

Sam Ventola
Denver, Colorado

On 2/15/06, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:

   I have a student who is doing a moot court project on whether state
 courts can settle a dispute over the meaning of an Islamic marriage
 contract. The parties are resident aliens and the question is whether the
 courts can interpret the relevant provisions of the religious marriage
 contract without violating the Establishment Clause. I''m sure this issue
 has arisen in the domestic context of mainstream American religions, but I
 am not familiar with the caselaw in this area.  Whatever the answer to the
 domestic question is, does the fact that the parties are resident aliens
 affect the answer. Off-List replies are fine, and I'll assume they can be
 shared with other List members.  If you do  not want me to share off-List
 responses please let me know.  Thanks in advance.

 Bobby

 Robert Justin Lipkin
 Professor of Law
 Widener University School of Law
 Delaware
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 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
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