RE: Cert. Petition Filed in Pharmacy Free Exercise Case

s.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Conkle, Daniel O. Sent: Tuesday, June 28, 2016 10:52 AM To: 'Law & Religion issues for Law Academics' <religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>> Subject: RE:

RE: Cert. Petition Filed in Pharmacy Free Exercise Case

demics Subject: Re: Cert. Petition Filed in Pharmacy Free Exercise Case Seeger provides a definition of "religion" for a particular statute. I don't think there's any dispute that the FEC -- and Lukumi -- adopts a narrower view of what constitutes "religion." On Tue, Jun

RE: Cert. Petition Filed in Pharmacy Free Exercise Case

With respect to the issue of religious as opposed to other moral and ethical objections: Does it matter for purposes of the Lukumi analysis whether religious exercise, as protected by the Free Exercise Clause, is defined narrowly and traditionally or, instead, is defined broadly enough to

RE: The Bedford pool exemption--a collection of reactions

As a conceptual matter, I would describe Chip’s point about justification in slightly different terms: if the government is indeed accommodating in a permissible way, by removing a significant or substantial burden on religious exercise, it is acting to promote or protect *religious freedom*,

RE: Jewish law, women's bodies, and accommodations

It certainly doesn’t answer Chip’s particular questions about the judicial role in the situation here, but the Supreme Court’s decision in Amos, or at least Justice Brennan’s opinion in that case, can be read to support a balancing inquiry in addressing the issue of third-party harms. Decided

New Book, "Religion, Law, and the Constitution"

Offering clear exposition combined with creative and sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges. * * * * * * * * * * * * Daniel O. Conkle ******** Daniel O. Conkle Robert H. McKinney

Research Queries

A colleague of mine, who is working on an interdisciplinary book, has asked me for ideas on the following: First, to reply to the criticism that law reviews are not respected by other disciplines, I am searching for examples of important scholarship published in law reviews by social

Federal RFRA in Davis-Like Situation?

Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu<mailto:con...@indiana.edu> From: conlawpro

RE: Question about the Kentucky County Clerk controversy

Thu, Sep 3, 2015 at 9:26 AM, Conkle, Daniel O. <con...@indiana.edu<mailto:con...@indiana.edu>> wrote: One additional point about the actual litigation: the federal district court in fact considered a claim under the Ky. RFRA, rejecting the claim on its merits. Is there any reason to

RE: Question about the Kentucky County Clerk controversy

to be a separate state court lawsuit invoking the Ky. RFRA. Daniel O. Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu

RE: law suit on behalf of Jesus

Cf. United States ex rel. Mayo v. Satan and His Staff, 54 F.R.D. 282 (W.D.Pa. 1971) - dismissed on procedural grounds, with court citing personal jurisdiction and service of process difficulties. Dan Conkle Daniel O. Conkle Robert H. McKinney

RE: Text of Indiana RFRA Fix; Video of Hearing

I am dealing with other matters and cannot say more, but as someone who supported the Indiana RFRA and a letter on that side, I strongly support the fix, in part because James is largely correct when he says that it seems “to deliver at least 99% of the religious liberty protection that

Administration to ‘Augment’ ACA Contraceptive Rules

=50879221vname=lw1notallissuesfcn=56wsn=49832fn=50879221split=0 Daniel O. Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con

RE: Hobby Lobby transcript

(a)(2)? Dan Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu

RE: Hobby Lobby transcript

. Dan Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu From

RE: Hobby Lobby transcript

of pocket. But that's not been the nature of the government's theory. So, even if the Court were inclined to accept Marty's argument, wouldn't the challengers have to be given a chance to litigate this question on remand? Dan Conkle Daniel O

RE: Hobby Lobby transcript

Yes, and the Crown Kosher case came up in today’s argument. – Dan Conkle From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marc Stern Sent: Tuesday, March 25, 2014 6:21 PM To: religionlaw@lists.ucla.edu; 'Law Religion issues for Law Academics'

RE: bigotry and sincere religious belief

Thanks to Alan for his thoughtful and nuanced post. I can at least imagine judges developing legal doctrines to effectuate this sort of approach. But in the political domain, at least, I'm not optimistic that these issues will be resolved by informed and nuanced decision making. The passions

RE: bigotry and sincere religious belief

toward the latter view. Dan Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu

RE: Subject: Re: Kansas/Arizona statutes protecting for-profit businesses

to sexual-orientation discrimination claims and that its protection was absolute, not subject to balancing. Dan Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331

RE: The ability to practice one's religion

These are fascinating questions. Indeed, it may be that if the law prevents the exercise of conscience, then - at least with respect to certain claims concerning complicity with evil - there is no violation of conscience after all. Would conscience would demand civil disobedience and, if

Contraception Mandate - Corporate Claims

by Chip Lupu recounting some fascinating personal experiences that have informed his teaching of U.S. v. O'Brien.) Daniel O. Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405

Same-Sex Marriage Cases: Amicus Brief re Religious Liberty

a link to the brief - http://mirrorofjustice.blogs.com/files/marriage-cases-ajc-brief-final.pdf Dan Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812

RE: Court Rejects Religious Liberty Challenges To ACA Mandate--interpreting substantial burden

. Dan Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu From

7th Circuit re High School Graduation in Church Sanctuary

Dist - http://www.ca7.uscourts.gov/tmp/K20RFUIZ.pdf Daniel O. Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu

RE: A John Paul Stevens Puzzle

I assume Marci is referring to the separation of powers, Marbury v. Madison, elements of the opinion, which I think are properly confined to the 14th Am. Sec. 5 context and therefore to a federalist interpretation, but which could be read more broadly. Dan Conkle -Original Message-

Religious Academics in Secular Public Universities

Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu

RE: Federal Appeals Court Goes With 'God'

Capable of repetition yet evading review? But is it? Dan Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail con...@indiana.edu

RE: City rejects atheist bus ad as too controversial

. City of Shaker Heights. Or would that be regarded as impermissible viewpoint discrimination, at least as to the religious messages? Cf. Lamb's Chapel, Good News Club, Rosenberger, etc. Dan Conkle ** Daniel O. Conkle Robert H. McKinney Professor of Law

Michael McConnell Resigning from 10th Circuit and Going to Stanford

For those who haven't seen this news: http://abovethelaw.com/2009/05/musical_chairs_judge_michael_m.php Dan Conkle Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University Maurer School of Law Bloomington, Indiana 47405 (812) 855

Fr. Richard John Neuhaus dead at age 72

http://religionandpolicy.org/cms/index.php?option=com_contenttask=blogcategoryid=293Itemid=202 Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812

RE: 130 Muslim workers fired over unauthorized breaks during Ramadan

. In the free exercise/RFRA/RLUIPA context, this question may intersect with the issue of substantial burden. Cf. Lyng and the recent 9th Cir. Navajo case. Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law

RE: 130 Muslim workers fired over unauthorized breaks during Ramadan

Oops. My reference to free exercise/RFRA/RLUIPA was mistaken, since this is a Title VII issue. Sorry about that. But I think the issues are similar. - Dan Conkle From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Conkle, Daniel O. Sent: Friday

October Term 2008

*** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

RE: Religious freedom and 42 USC 666

think Doug's explanation of the internal operations cases is quite cogent. Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL

RE: Religious freedom and 42 USC 666

* burden, which is language the Supreme Court itself has used, if I'm not mistaken. Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail

RE: Political divisions along religious lines

are other considerations as well, maybe more important than this one. Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

RE: Political divisions along religious lines

*** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED] *** -Original Message- From

RE: Lee v. Weisman and compulsion to photograph a religious ceremony

*** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED] *** -Original Message- From: [EMAIL

RE: Cert Grant in Summum

*** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED] *** From: [EMAIL PROTECTED] [mailto

RE: Shielding child whose mother is Catholic from father's Wiccan lifestyle?

them immune from the best interest evaluation that otherwise would be applicable in this specific corner of the law. I think Carl Schneider has written helpfully on these questions. Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana

RE: Shielding child whose mother is Catholic from father's Wiccan lifestyle?

that might affect the welfare of the child. On Jan 24, 2008 8:19 AM, Conkle, Daniel O. [EMAIL PROTECTED]mailto:[EMAIL PROTECTED] wrote: Ordinarily, the government, including judges, properly has little or no say in parental decisionmaking, lifestyle choices, etc., even if those parental choices

RE: Of Phelps and Persecution

by stronger, brighter-line rules. Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

RE: Of Phelps and Persecution

and in a manner that is taunting and overwhelmingly offensive to the citizens of that place, that assertion, uncomfortable though it may be for judges, deserves to be examined.). Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University

RE: Speech and conduct

is independent of any message. Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

RE: IIED and vagueness

As for Eugene's models 1 and 2, and his preference for model 1, I think of two examples I often use in teaching Hustler: (a) suppose Falwell's mother had been the IIED plaintiff in the Hustler case with respect to the very same parody (unlike Falwell, not a public figure plaintiff, but

7th Circuit Taxpayer Standing Decision

. Hinrichs v. Speaker of the House of Representatives, http://www.ca7.uscourts.gov/tmp/7S0THZZJ.pdf Daniel O. Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812

Prison Book Purge

) principle that the government cannot itself resolve theological questions? Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL

RE: Mormon Student, Justice, ACLU Join Up

America, 12 Journal of Law and Religion 337-70 (1995-96) (also available in Law and Religion: A Critical Anthology (Stephen M. Feldman, ed.; NYU Press 2000) and at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=911647) Daniel O. Conkle *** Daniel O

RE: Indiana License Plates

that supports the national motto in other contexts. Dan Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

RE: Locke v. Davey Analysis

Legacy (Craig Bradley ed., Cambridge 2006). Daniel O. Conkle *** Daniel O. Conkle Robert H. McKinney Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

Removing Purpose-Prong Taint

an impermissible purpose? Does anyone know of any such cases? Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

Dover Intelligent-Design Case

NPR is reporting that the district court's decision is expected today. Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

RE: indana legislative prayer

uot;in the name of Jesus," etc.? (3) Is the opinion a bit overbroad in barring all prayers that "us[e] Christ's name or title or any other denominational appeal"? Dan Conkle ****** Daniel O. Conkle Professor of Law Indiana University School of Law Bl

RE: indana legislative prayer

Title: Message It's the first opinion on the following web site: http://www.insd.uscourts.gov/ The case isHinrichs v. Bosma. Dan Conkle -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of JoelSent: Thursday, December 01, 2005 12:52

NY Times Article on Intelligent Design versus Evolution

http://www.nytimes.com/2005/08/22/national/22design.html?hpex=1124769600en=0ca73531c0586b08ei=5094partner=homepage Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855

Justice O'Connor Says She Will Retire

Title: Justice O'Connor Says She Will Retire http://www.nytimes.com/2005/07/01/politics/01cnd-oconnor.html ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see

Legislative Prayer Revisited

by individual lawmakers--apparently on a rotating and volunteer basis. http://www.southbendtribune.com/stories/2005/06/01/local.20050601-sbt-LOCL-A1-ICLU_wants_Jesus_out.sto Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law

RE: More Discrimination Against Wiccans

Dan Conkle ****** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED] ** -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]

RE: Locke v. Davey follow-up

is greater. Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED] ** -Original Message- From: [EMAIL PROTECTED

RE: Locke v. Davey follow-up

Needless to say, the precedential effect of Locke v. Davey is unclear--that's what makes the hypothetical interesting--but I believe that the holding can reasonably and properly be confined in the manner I have suggested. The Court emphasized that the burden on Davey was minimal, and it also

RE: Locke v. Davey follow-up

Title: Message I think you had it right the first time, Eugene:At least as a general proposition, weindeed ought to ask the justices to be logical and principled in the sense you have in mind, and they should be subject to criticism when they are not. (I say "at least as a general

RE: Locke v. Davey follow-up

difficult questions -- not presented in the case itself -- that might divide the seven-Justice majority . . . is that a prudentially justified exception? - Original Message - From: Conkle, Daniel O. To: Law Religion issues for Law Academics Sen

RE: God in the Constitution

In reading Kramnick and Moore, you might also wish to read Scott C. Idleman, Liberty in the Balance: Religion, Politics, and American Constitutionalism, 71 Notre Dame L. Rev. 991 (1996), which offers some critical commentary on the claims that they advance. Dan Conkle From:

Jefferson Quotation

a 'government without religion.' Does anyone know the source and/or historical context of this quotation, assuming it is accurate? Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812

RE: Under God

Alan, a question of clarification: Is your argument limited to the public school context? I notice that you didn't respond to the question about Jefferson's Bill for Religious Liberty. Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School

RE: Under God

religion, who, being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do. Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855

RE: Locke v. Davey

condition and that Sherbert is distinguishable on this basis. Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED

RE: Locke v. Davey -- the Equal Protection Question

contours -- is best traced to the constitutional language that addresses religion as such, and not to the more generic language of equal protection. But, as I say, this may be semantics. Dan Conkle ** Daniel O. Conkle Professor of Law Indiana University School