Re: Establishment Clause and government action outside the U.S.

2008-02-21 Thread Marc Stern
The case tou are lookin for is lamont imnvolving forein aid channeled througjh churcjh groups - Original Message - From: [EMAIL PROTECTED] [EMAIL PROTECTED] To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Sent: Thu Feb 21 18:19:06 2008 Subject: Establishment Clause

RE: Need an expert on religion in custody cases

2008-01-04 Thread Marc Stern
I too participated in the debates over California's RFRA. As I recall, the issue which killed the RFRA bill was civil rights, especially as it affected gays..Zoning was also an important objection. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED

RE: Smith and exemptions

2006-10-17 Thread Marc Stern
rejected this submission, on the ground that Lukumi held that a statue was neutral and generally applicable so long as religion was not the only non-exempt category. Is that right? The Third Circuit apparently disagreed in the Newark Police cases. Marc Stern

RE: Smith and exemptions

2006-10-17 Thread Marc Stern
urged exactly his position to gain access to public places and to justify public funding of religious enterprises. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of David E. Guinn Sent: Tuesday, October 17, 2006 12:30 PM To: Law Religion issues for Law Academics

RE: Victory for Military Chaplains Who Pray In Jesus Name

2006-10-03 Thread Marc Stern
regular worship service (i.e. a Latin or vernacular mass. In the entire dispute over the Air Force guidelines, no one has contended- or at least no one serious has contended that the ban on praying in Jesus name, for example, applies to weekly services. Marc Stern From: [EMAIL PROTECTED

RE: Lawsuits against SYATP.

2006-09-26 Thread Marc Stern
think both are wrong. When we drafted the Joint Guidelines which have been quoted on this thread no agreement could be reached on the question of teacher participation in meet me at the pole events. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton

RE: Lawsuits against SYATP.

2006-09-26 Thread Marc Stern
decisions on proper are seconded exclusively to ADF, I am uncertain what the basis of the broad criticism of the ACLU is. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Gary McCaleb Sent: Tuesday, September 26, 2006 4:32 PM To: Law Religion issues for Law

RE: Recommendation...

2006-09-01 Thread Marc Stern
Jacob had four wives. And see Exodus 21:10; Deut 21:15 all of which assume polygamy. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Friday, September 01, 2006 12:07 PM To: Law Religion issues for Law Academics Subject

RE: Recommendation...

2006-09-01 Thread Marc Stern
Sorry, some of us do not read the Bible in that way. Marc -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Friday, September 01, 2006 12:52 PM To: Law Religion issues for Law Academics Subject: RE: Recommendation... Not talking

RE: 4th Circuit rules (again) in favor of the Good News Club

2006-08-11 Thread Marc Stern
, the governmentgranted many groups access to a forum, making the forum indeedopen, and then denied access to a similarly situated group solely on the basis of its religious perspective. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Friday, August 11, 2006

RE: The Roberts Court

2006-07-25 Thread Marc Stern
I would add that an early Establishment Clause challenge to RLUIPA's land use provisions seems likely, as does renewed litigation about charitable choice-i.e., the Iowa prison litigation. Perhaps too the Court will look at the growing split about the ministerial exception to Title VII. Marc Stern

RE: The Roberts Court

2006-07-25 Thread Marc Stern
because the Court views this area as peculiarly its own or because it finds the subject interesting or a different dynamic I cannot say. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Tuesday, July 25, 2006 4:51 PM To: religionlaw@lists.ucla.edu

Interchange Decsion

2006-07-24 Thread Marc Stern
lawyering. Congratulations on a job well done.. AJCongress will of course be interested in filing an amicus brief at the appropriate time. Let me know how we can best be of service. Marc Stern ___ To post, send message to Religionlaw

RE: Christian Skating Time

2006-07-05 Thread Marc Stern
compulsion of law, but noting the employers' own belief that discrimination of some sort is morally just and the law unjust? Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mark Tushnet Sent: Monday, July 03, 2006 8:38 PM To: Law Religion issues

RE: HR 2679: Fee-Shifting in Constitutional Cases

2006-06-29 Thread Marc Stern
to sponsor religious speech. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Sisk, Gregory C. Sent: Wednesday, June 28, 2006 6:02 PM To: 'Law Religion issues for Law Academics' Subject: RE: HR 2679: Fee-Shifting in Constitutional Cases While I certainly

RE: Bullying of Christian Students in Public Schools

2006-05-24 Thread Marc Stern
in school speech cases without such a showing.. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan Sent: Wednesday, May 24, 2006 1:49 PM To: Law Religion issues for Law Academics Subject: Bullying of Christian Students in Public Schools Did someone

RE: Judge Becker Posthumously Creates Circuit Split on MinisterialException

2006-05-24 Thread Marc Stern
For a case reaching a similar conclusion, I think, see Bollard v. California Province, Society of Jesus.,196 F.3d 940 (1999) Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marty Lederman Sent: Wednesday, May 24, 2006 4:33 PM To: Law Religion issues

RE: The Posner Ministerial Exception Decision

2006-04-07 Thread Marc Stern
in the American courts. Marc Stern ___ 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

rfrA AND PRIVATE LAWSUITS

2006-04-04 Thread Marc Stern
does not survive RFRA.HE reasoned (as some did on a thread about Hankins) that RFRA applies only to official enforcement actions and that in any event Congress did not pass RFRA to provide churches less protection than they previously enjoyed. Marc Stern

RE: Where to find cert petitions

2006-03-24 Thread Marc Stern
Aren't they on Westlaw? Marc -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Andrew Wyatt Sent: Friday, March 24, 2006 1:04 PM To: 'Law Religion issues for Law Academics' Subject: RE: Where to find cert petitions While a lawyer might be able to point

RE: Catholic Charities Issue

2006-03-21 Thread Marc Stern
context. . Marc Stern f From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock Sent: Monday, March 20, 2006 8:25 PM To: Law Religion issues for Law Academics Subject: RE: Catholic Charities Issue From: [EMAIL PROTECTED] on behalf of Newsom

RE: Catholic Charities Issue

2006-03-17 Thread Marc Stern
For a case passing on similar issues in the context of an agency that would only place children for adoption with Christians see Scott v. Family Ministries, 65 Cal app.3d 492,135 Cal Rptr 430(1976) Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick

RE: Research question

2006-03-07 Thread Marc Stern
Mark: I would add something about gay rights and probably something about prayer-even Cvhritisn prayer in public spaces including public schools. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mark Tushnet Sent: Tuesday, March 07, 2006 9:27 AM

RE: Breaking news in federal RFRA case

2006-02-23 Thread Marc Stern
Did anybody else notice that the Chief Justice in Gonzales acknowledged that Smith overturned Sherbert, notwithstanding Justice Scalias claim in Smith that the court had never held that burdens on religious practice need compelling justification? Marc Stern From: [EMAIL

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

RE: New yORK Lawsuit

2006-02-10 Thread Marc Stern
A state statute immunizes the photographer from what would otherwise be a common-law right. Why is not that state action? Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Samuel V Sent: Friday, February 10, 2006 9:37 AM To: Law Religion issues

RE: New yORK Lawsuit

2006-02-10 Thread Marc Stern
to assume the value of secular first amendment rights and gives no thought (at least according to the law journal summary) to religious first amendment rights .The court did express some sympathy for plaintiff but not at the level of law. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL

RE: Pa. Property Tax Exemption for Church Parking Lots

2006-01-31 Thread Marc Stern
religion and the organization does not relieve the state of any burden it would otherwise bear. By the time I was asked about the matter the time to appeal had run. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock Sent: Tuesday

RE: Ban on library employees wearing religious or politicalornaments(including cross necklaces)

2006-01-17 Thread Marc Stern
. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Eric Treene Sent: Friday, December 16, 2005 9:48 AM To: Law Religion issues for Law Academics Subject: RE: Ban on library employees wearing religious or politicalornaments(including cross

RE: Ban on library employees wearing religious orpoliticalornaments(including cross necklaces)

2006-01-17 Thread Marc Stern
Oops. This was supposed to be a private message to Eric Treene. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marc Stern Sent: Tuesday, January 17, 2006 4:06 PM To: Law Religion issues for Law Academics Subject: RE: Ban on library employees

RE: Locke v. Davey Question

2006-01-11 Thread Marc Stern
to count for something. And while it is common ground that Washington did not need to enforce a no theology major rule as a  matter of federal constitutional law , the question is may it have such a rule as a matter of state constitutional law  if there is no perfect way of enforcing it. Marc Stern

RE: Home Schooling and Real Covenants

2006-01-05 Thread Marc Stern
Remember your second grade teacher you thought was a witch..? From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Vance R. Koven Sent: Thursday, January 05, 2006 12:22 PM To: Law Religion issues for Law Academics Subject: Re: Home Schooling and Real Covenants

RE: Dover Intelligent-Design Case

2005-12-20 Thread Marc Stern
than even handed. Unless of course, Jim intends that the careful and sensitive judge can never challenge what a school board does-but the ACLJ asks judges to override school official judgments all the time. Are judges who uphold ACLJ claims insensitive and biasaed? Marc Stern From

RE: Dover Intelligent-Design Case

2005-12-20 Thread Marc Stern
.A fortiori former members should lack standing, unless ,perhaps they were sued in an individual capacity and held for damages. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar Sent: Tuesday, December 20, 2005 3:27 PM To: Law Religion issues

RE: Faith-Based and Community Initiative

2005-12-16 Thread Marc Stern
My computer tells me the attachment is unavailable. Any idea of why? Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Lupu Sent: Wednesday, December 14, 2005 6:14 PM To: Law Religion issues for Law Academics Cc: [EMAIL PROTECTED] Subject: Re

indana legislative prayer

2005-12-01 Thread Marc Stern
Attached is the decision invalidating Indianas legislative prayer on the ground that it was too sectarian. Marc Stern Title: U.S. District Court - Southern District of Indiana !-- saved from url=(0029)http://www.insd.uscourts.gov/ -- FRAMESET border=0 frameSpacing=0

RE: indana legislative prayer

2005-12-01 Thread Marc Stern
have evidence rules in U.S. courts. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marc Stern Sent: Thursday, December 01, 2005 10:47 AM To: Law Religion issues for Law Academics Subject: indana legislative prayer Attached is the decision invalidating Indianas

RE: Dueling Bible Curricula

2005-11-30 Thread Marc Stern
as something of a pejorative term .Criticism of the book is surely in place; name calling is unnecessary and just adds to the bad feelings about every effort to deal with religion in the schools. Marc Stern [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton Sent: Wednesday

RE:creationsim redux

2005-11-28 Thread Marc Stern
. Supporters of ID are claiming victory; and Americans United is complaining that the wall of separation is falling. I feel stupid because I see nothing of ID in this description, merely factual descriptions of peoples beliefs. What am I missing that the activists see? Marc Stern Yahoo! Music

RE: Challenge to Sales Tax Exemption on Religious Items

2005-11-21 Thread Marc Stern
in Hernandez v.Commr ,490 US 680, refused to reach the issue because it had not been raised below. The scientologists were litigating in tax court on this theoryand probably were going to win- when Congress rewrote 501c3 to moot the lawsuit. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL

RE: Bronx Household of Faith v New York Schools

2005-11-18 Thread Marc Stern
It was plaintiff's motion that was granted. The opinion is posted on the southern district website. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Gene Summerlin Sent: Friday, November 18, 2005 1:35 PM To: Law Religion issues for Law

RE: ADL SAYS BIBLE TEACHING GUIDE FOR PUBLIC SCHOOLS UNACCEPTABLE

2005-11-09 Thread Marc Stern
Funny thing. I am listed as one of the content contributors to the text and it has been some while since I was last described as a fundamentalist Christian. This is best understood as ADL trying to be more Catholic than the Pope. Marc Stern American Jewish Congress From

RE: FYI: An Interesting See You at the Pole Case

2005-11-02 Thread Marc Stern
is rather harsh regarding the nurse. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock Sent: Wednesday, November 02, 2005 10:17 AM To: Law Religion issues for Law Academics Subject: RE: FYI: An Interesting See You at the Pole Case Michael

RE: Alito and Religion

2005-10-31 Thread Marc Stern
treatment approach to speech/establishment Clause issues endorsed for example by Justice Scalia for a plurality In Capitol Square review board. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Lupu Sent: Monday, October 31, 2005 10:40 AM To: Law

RE: Air Force sued over religious intolerance

2005-10-10 Thread Marc Stern
helped write the school boards brief in Mergens Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock Sent: Saturday, October 08, 2005 6:40 PM To: Law Religion issues for Law Academics Subject: RE: Air Force sued over religious intolerance

RE: Diplomatic relations, the Holy See, and the Establishment Clause

2005-09-21 Thread Marc Stern
recognition of the VaticanIf memory serves, AU went to court but was thrown out (predictably) on standing grounds. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mark Graber Sent: Wednesday, September 21, 2005 8:58 AM To: religionlaw

RE: Every Idea is an Incitement

2005-09-02 Thread Marc Stern
Apparently academics are not the only ones whose surroundings blind them to understand just how harshly their efforts to vindicate their perception of the Establishment Clause has on others. Jim seems not to understand at all the objection and offense felt by person entitled to attend the

RE: Floodwaters and Undermined Walls

2005-09-01 Thread Marc Stern
the same. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Thursday, September 01, 2005 2:18 PM To: [EMAIL PROTECTED]; religionlaw@lists.ucla.edu Subject: Re: Floodwaters and Undermined Walls In a message dated 9/1/05 1:48:47 PM, [EMAIL

RE: Hostility

2005-08-25 Thread Marc Stern
to hold the society together?(I recognize that without vouchers only the well off can take advantage of provide education,a point against the current system) Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Berg, Thomas C. Sent: Thursday, August

!RE: FW: Feature films on church and state

2005-08-12 Thread Marc Stern
LAW SCHOOL IS JUST NOT WHAT IT USED TO BE. We never got to watch movies in class! Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan Sent: Friday, August 12, 2005 1:05 PM To: Law Religion issues for Law Academics Subject: Re: FW: Feature

RE: ACLU sues over court oaths

2005-07-28 Thread Marc Stern
The selective service conscientious objector provisions were read more broadly than their language indicated to avoid a constitutional problem of favoring theistic faiths over non-theistic ones. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas

RE: what does the right REALLY think of Roberts?

2005-07-26 Thread Marc Stern
it recognizes are not subject to judicial acknowledgement. Or just that abortion is not one of those rights reserved to the people? Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan Sent: Monday, July 25, 2005 11:20 PM To: Law Religion issues for Law

RE: Of the indefiniteness of Constitutional terms

2005-07-26 Thread Marc Stern
I look forward to a brief by Jim calling on the Court to restore the scope of 11th Amendment to the narrow limit imposed by its original text. Marc From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Tuesday, July 26, 2005 9:44 AM To:

RE: The Faith Of John Roberts

2005-07-26 Thread Marc Stern
the ERA also opposed the motion to recuse.) Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Paul Horwitz Sent: Tuesday, July 26, 2005 1:22 PM To: religionlaw@lists.ucla.edu Subject: RE: The Faith Of John Roberts I agree with Stuart's general

RE: The Faith Of John Roberts

2005-07-26 Thread Marc Stern
What is the name of the book? Barnes and Noble has nothing by Tanhanaha. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Sanford Levinson Sent: Tuesday, July 26, 2005 1:26 PM To: [EMAIL PROTECTED]; Law Religion issues for Law Academics Subject

RE: Assaults on the England language

2005-07-22 Thread Marc Stern
Rick runs together different ideas and political causes and uses a highly technical definition of theocracy to avoid grappling with difficult issues. Doing so makes it harder to identify areas of agreement and disagreement. 1.I dont know of anyone of consequence who says that religious

RE: Assaults on the England language

2005-07-22 Thread Marc Stern
. And of course, the current debate about displays is not about purely private displays but official ones. That is not a question of cleansing the public square of religion as I understand that phrase. The options before us are not official endorsement or confinement to the closet. Marc Stern

RE: Locke v. Davey follow-up

2005-07-15 Thread Marc Stern
Do you have an electronic copy of the Salvation Army brief filed by the government? Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Eric Treene Sent: Monday, May 16, 2005 7:59 PM To: Law Religion issues for Law Academics Subject: RE: Locke v

RE: Locke v. Davey follow-up

2005-07-15 Thread Marc Stern
Sorry. This was sent to the group by mistake. Marc -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marc Stern Sent: Friday, July 15, 2005 2:49 PM To: Law Religion issues for Law Academics Subject: RE: Locke v. Davey follow-up Do you have an electronic

RE: Religious freedom and child support

2005-06-17 Thread Marc Stern
that the doctor father who quits medicine to become a pastor?(except of course tat in Chen the father made sufficient money so that he could easily afford the costs of child support) Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene

RE: RLUIPA Unanimously Upheld in Cutter

2005-06-01 Thread Marc Stern
, or for that matter the administrative costs of complying with RLUIPA, which Ohio thought caused the statue to amount to an establishment of religion? Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Garnett Sent: Tuesday, May 31, 2005 5:29 PM To: Law Religion issues

RE: Nullifying RLUIPA

2005-06-01 Thread Marc Stern
. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock Sent: Wednesday, June 01, 2005 2:28 PM To: religionlaw@lists.ucla.edu Subject: Nullifying RLUIPA In response to Marci's query whethere there is some limit on what prisons must do

RE: More Discrimination Against Wiccans

2005-05-27 Thread Marc Stern
There is an ALR 3 or 4 annotation collecting child custody case where religion is at issue. All, or almost all, run the way you need them to run. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton Sent: Friday, May 27, 2005 9:58 AM

RE: [BULK] RE: More Discrimination Against Wiccans

2005-05-27 Thread Marc Stern
the experts report on the children, modesty and prudence dictate that no one reach absolutely firm conclusions about what the judge did here. Marc Stern he-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Friday, May 27, 2005 12:45 PM To: Law

RE: Request for advice

2005-05-25 Thread Marc Stern
I too would be happy to look over the table of contents. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ann Althouse Sent: Tuesday, May 24, 2005 6:17 PM To: Law Religion issues for Law Academics Subject: Re: Request for advice I'll do

RE: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread Marc Stern
Yes. Community group claims are always based on the Constitution. The ninth Circuit has applied constitutional analysis to student claims not governed by the Equal Access Act as in the case of access to a forum during the school day. Marc Stern From: [EMAIL PROTECTED] [mailto

RE: Rights of clergy regarding same-sex marriage?

2005-03-15 Thread Marc Stern
so, see 18 V.S.A. § 5161, contravenedtheir sincerely held religious beliefs, in violation of their right to thefree exercise of religion under Chapter I, Article 3 of the VermontConstitution. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar Sent

(no subject)

2005-02-23 Thread Marc Stern
of fiduciary duty claim was the functional equivalent of a claim for clergy malpractice which it had already rejected. There was a dissent which notes the split of authority on the subject. Marc Stern ___ To post, send message to Religionlaw@lists.ucla.edu

RE: The Voters Speak

2005-01-05 Thread Marc Stern
The leading case is Florey v. Sioux Falls School District, 619 F2d 1311(10th Cir.(1981). Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Monday, January 03, 2005 9:25 AM To: religionlaw@lists.ucla.edu Subject: Re

RE: charitable choice hypothetical

2004-12-29 Thread Marc Stern
Steve Could you resend your Orden Brief? How is life in Oregon? Marc -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Green Sent: Thursday, December 23, 2004 3:38 PM To: Law Religion issues for Law Academics Subject: Re: charitable choice

RE: Steven Williams case and the Ten Commandments cases

2004-12-16 Thread Marc Stern
pointing out some of the differences and Professor Lubet had a similar piece in constitutional commentaries a few years ago. All of this says nothing of the rights of atheists or non-Judeo _Christian faiths. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf

RE: Steven Williams case and the Ten Commandments cases

2004-12-16 Thread Marc Stern
rejection of the totality of the law. Marc stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Thursday, December 16, 2004 10:52 AM To: [EMAIL PROTECTED] Subject: Re: Steven Williams case and the Ten Commandments cases In a message dated 12/16

RE: Steven Williams case and the Ten Commandments cases

2004-12-16 Thread Marc Stern
inescapably casts the commandments amounts to a repudiation of Jewish teaching. And, of course, the focus on the commandments as such is rooted in a Christian rejection of the totality of the law. Marc stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of [EMAIL PROTECTED] Sent

RE: Steven Williams Case - more factual information

2004-12-16 Thread Marc Stern
remains true. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Newsom Michael Sent: Wednesday, December 15, 2004 3:37 PM To: Law Religion issues for Law Academics Subject: RE: Steven Williams Case - more factual information Could you explain why liberals are wrong

RE: Steven Williams case and the Ten Commandments cases

2004-12-16 Thread Marc Stern
from denial of cert in City of Elkhart v. Book,532 u.s. 1059 Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton Sent: Thursday, December 16, 2004 10:38 AM To: Law Religion issues for Law Academics Subject: Re: Steven Williams case

RE: Steven Williams Case - more factual information

2004-12-10 Thread Marc Stern
and constitutional way. And it is a scary portend of what The Alliance Defense Fund thinks the law is that it pursues this case. Some cases are simply silly, even if they might in some way touch on serious issues. This is one of them. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED

RE: Steven Williams Case .:.

2004-12-06 Thread Marc Stern
.:. I haven't read the opinion yet, but it sounds like a tacit judgment on the sincerity of the belief. Church of Body Modification, please. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of Marc Stern Sent: Monday, December 06, 2004 9:25 AM To: Law

RE: Church of Body Modification Case.

2004-12-06 Thread Marc Stern
am not certain is a valid line in any event-shrinks to the point of nothingness. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marty Lederman Sent: Monday, December 06, 2004 10:06 AM To: Law Religion issues for Law Academics Subject: Church of Body

RE: SG Application for Stay of Hoasca Tea Injunction

2004-12-02 Thread Marc Stern
in theory, though not necessarily in practice.) Whatever the legal answer, this point could be a real political hot potato. It will be interesting to see the Bush Administration-which ahs hardly been enthusiastic about international law- deal with it. Marc Stern From: [EMAIL PROTECTED

RE: Evidence of religious conversion at a death penalty sentencinghearing .:.

2004-11-12 Thread marc stern
If no lawyer would let his client mention it, why worry about it for Establishment Clause purposes as you did in your first post? Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Friday, November 12, 2004 11:34 AM To: [EMAIL

RE: Religion of peace?

2004-11-12 Thread marc stern
lay down don't work, and we need something else. But I have not got a clue what that better thing might be--and I am certain that there is no social consensus on what that something might be. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh

RE: Religious faith as evidence of honesty or future dangerousness

2004-11-12 Thread marc stern
Unfortunately as a factual mater there is no necessary relationship between church (= house of worship) attendance and probity. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Friday, November 12, 2004 12:06 PM To: [EMAIL

RE: Pamphlets in schools

2004-11-09 Thread marc stern
. Is that permissible? Desirable? Subject the school to suit? Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mark Graber Sent: Tuesday, November 09, 2004 8:17 AM To: [EMAIL PROTECTED] Subject: Re: Pamphlets in schools Apologize for sending what I thought

RE: State RFRAs question .:.

2004-11-09 Thread marc stern
Title: Re: State RFRAs question .:. California has had several proposals, but I dont know the status of the bills. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Menard, Richard H. Sent: Tuesday, November 09, 2004 3:28 PM To: '[EMAIL PROTECTED

RE: Lesser protection for religious advocacy

2004-11-09 Thread marc stern
became moot as a result of the 1964 civil rights act. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of [EMAIL PROTECTED] Sent: Tuesday, November 09, 2004 5:05 PM To: [EMAIL PROTECTED] Subject: Re: Lesser protection for religious advocacy In a message dated

(no subject)

2004-11-05 Thread marc stern
Anonymous students left pamphlets calling on students to accept Jesus on the desks of Jewish public high school students and no other students. I have been asked whether a school could ban religiously targeted distribution of any pamphlet. Any responses? Marc Stern

RE: Pamphlets at School

2004-11-05 Thread marc stern
of the cases you cite go to that question. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Gene Summerlin Sent: Friday, November 05, 2004 11:44 AM To: 'Law Religion issues for Law Academics' Subject: Pamphlets at School While the school could

RE: Pamphlets at School

2004-11-05 Thread marc stern
- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On Behalf Of marc stern Sent: Friday, November 05, 2004 9:58 AM To: 'Law Religion issues for Law Academics' Subject: (no subject) Anonymous students left pamphlets calling on students to accept Jesus on the desks of Jewish public

RE: pamphlets at school

2004-11-05 Thread marc stern
I will ask to see them. My contact described them in terms to general to be helpful. Marc -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Lupu Sent: Friday, November 05, 2004 1:16 PM To: [EMAIL PROTECTED] Subject: pamphlets at school In answering the

RE: Religious Corporation laws

2004-10-14 Thread marc stern
In New York all not for profits need to secure the approval of a Supreme Court justice for the sale of real estate at least if it is a major asset. For reasons that are now obscure, New York allows religious corporations to incorporate either under the religious corporation law or the

RE: Cert granted in Cutter

2004-10-13 Thread marc stern
Marty: Are you allowed to participate, given youre your service in the Justice Department in drafting RLUIPA? Marc From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Marty Lederman Sent: Wednesday, October 13, 2004 8:30 AM To: Law Religion issues for Law

RE: Cert granted in Cutter

2004-10-13 Thread marc stern
- From: marc stern To: 'Law Religion issues for Law Academics' Sent: Wednesday, October 13, 2004 1:38 PM Subject: RE: Cert granted in Cutter Marty: Are you allowed to participate, given youre your service in the Justice Department in drafting RLUIPA

RE: Michigan Muslim decision

2004-10-12 Thread marc stern
Doug Some while ago you asked about literature about responses to the Courts prayer decisions. See WK Muir, Law and attitude change: Prayer in the Public Schools (University of Chicago 1973).I have a copy. Marc From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of

RE: Jefferson Quotation

2004-09-21 Thread marc stern
But what could Jefferson have meant by denying he sought a government without religion? How would he have allowed religion to manifest itself in government? Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steve Gey Sent: Monday, September 20

RE: Required to stand for the Pledge?

2004-09-10 Thread marc stern
Lipp v. Morris, 579 F.2d 834 (3d Cir.1978) holds students cannot be made to stand during the pledge. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ann Althouse Sent: Friday, September 10, 2004 10:24 AM To: conlawprof; Law Religion issues

RE: Required to stand for the Pledge?

2004-09-10 Thread marc stern
the Firth or Eleventh circuits (I forget which) recently called school officials on just this point. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ann Althouse Sent: Friday, September 10, 2004 1:48 PM To: Law Religion issues for Law Academics Subject

RE: Right to participate in a marriage ceremony

2004-08-26 Thread marc stern
and memories are not fresh? Marc Stern . -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Thursday, August 26, 2004 1:08 AM To: Law Religion issues for Law Academics Subject: Right to participate in a marriage ceremony Let me

Wynne v Town of Great Falls(4th Cir2004)

2004-07-22 Thread marc stern
-Original Message- The Fourth Circuit has just released the aove captioned opinion holding that a town council may not begin its sessions with a Christian prayer. It held Marsh was limited (as Allegheny County v. ACLU interpreted it) to non-sectarian prayers. Marc Stern

RE: FW: Interesting question: Portland Archdiocese Filing Chapter 11

2004-07-08 Thread marc stern
Mr. Koven's analysis is plausible. ButWhich court determines whether a fraud was perpetrated? Is it the bankruptcy court? And the standard of good moral character is supplied by cannon law? State law? Common law fiduciary responsibilities? Marc Stern -Original Message- From: [EMAIL

RE: American Jewish Congress v. Americorps and Notre Dame

2004-07-07 Thread marc stern
to be a vehicle for finally deciding how much is left of Lemon. Of course, who knows what the Supreme Court will look like when this case gets there. Marc Stern Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Garnett Sent: Wednesday, July 07, 2004 11:57 AM

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