Re: Hobby Lobby Question

2014-07-01 Thread Rick Duncan
?   Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 My recent article, Just Another Brick in the Wall: The Establishment Clause as a Heckler's Veto, is available at SSRN And against the constitution I have never raised a storm,It's the scoundrels

Re: Hobby Lobby Question

2014-07-01 Thread Rick Duncan
I wonder if the complicity with evil position is similar to the position many academics took a number of years ago concerning disinvestment and boycotts of companies that did business in the old South Africa? Maybe that metaphor would strike a chord?   Rick Duncan Welpton Professor of Law

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-13 Thread Rick Duncan
and content from a non -public forum. See Forbes case (permissible to exclude minor political candidates from a nonpublic forum/candidate debate).   Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 My recent article, Just Another Brick in the Wall

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-13 Thread Rick Duncan
of forcing the county to silence the NAACP?   Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 My recent article, Just Another Brick in the Wall: The Establishment Clause as a Heckler's Veto, is available at SSRN And against the constitution

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-13 Thread Rick Duncan
hoping to force the Govt to either remove the Ten C display or permit a Satanic display.   Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 My recent article, Just Another Brick in the Wall: The Establishment Clause as a Heckler's Veto

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-12 Thread Rick Duncan
to exclude an outside group with minimal ties to the community, may be permissible in a non-public forum. I think this is correct. No? Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 My recent article, Just Another Brick in the Wall

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-11 Thread Rick Duncan
.    Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 My recent article, Just Another Brick in the Wall: The Establishment Clause as a Heckler's Veto, is available at SSRN And against the constitution I have never raised a storm,It's the scoundrels

Re: Comparing religious exemptions and free speech

2013-12-05 Thread Rick Duncan
strikes me as a trivial burden compared to some of those I just mentioned.   Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted it that I want

Maine town: No parking lot taxes for charities…except for churches

2012-04-26 Thread Rick Duncan
.” The lawsuit, Aldersgate United Methodist Church v. City of Rockland, argues that the differential treatment between charitable institutions and churches is unconstitutional. Portland attorney Stephen C. Whiting, one of more than 2,100 attorneys in the ADF alliance, is serving as local counsel. Rick

Israeli Postal Workers Object to Delivering New Testaments

2012-03-06 Thread Rick Duncan
have discussed whether postal workers have a religious liberty right to refuse to deliver abortion-related material. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's

Re: Selective Support of Religious Liberty

2012-03-06 Thread Rick Duncan
in these Hunger Games, I think everyone expected me to oppose the mosque. Instead, I showed up talking religious liberty under the 1A and RLUIPA! It wasn't much of a debate, but we had a great Program on religious liberty and religious land use. Rick Duncan Welpton Professor of Law University of Nebraska

Re: Basketball tournaments on the Sabbath

2012-03-04 Thread Rick Duncan
This was clearly the right thing to do. An association of private religious schools should be eager to recognize religious liberty for everyone. Prof. Rick Duncan (Nebraska Law) See my recent paper on The Tea Party, federalism, and liberty at:    http://ssrn.com/abstract=1984699 And against

RE: Basketball tournaments on the Sabbath

2012-03-04 Thread Rick Duncan
remembering from time to time. Prof. Rick Duncan (Nebraska Law) See my recent paper on The Tea Party, federalism, and liberty at:    http://ssrn.com/abstract=1984699 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted it that I want to reform --Dick

British Preacher Arrested For Preaching Homosexulairt a Sin

2010-05-14 Thread Rick Duncan
Here is the video of the arrest. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted it that I want to reform --Dick Gaughan (from the song, Thomas

Re: A real-life on-campus example

2010-05-13 Thread Rick Duncan
normally praise open-mindedness to be so close-minded as to want to eradicate ideas that challenge it in the marketplace of ideas. I say let CLS and Outlaw meet on campus and let the marketplace of ideas decide which version of the truth is the true truth. Rick Duncan Welpton Professor of Law

Re: A real-life on-campus example

2010-05-13 Thread Rick Duncan
only school-sponsored groups to meet. But it cannot engage the fiction of maintaining a marketplace of ideas, while at the same time using its power to suppress ideas and beliefs that reject established versions of the truth. Rick Duncan Welpton Professor of Law University of Nebraska College

RE: A real-life on-campus example

2010-05-13 Thread Rick Duncan
of the purpose of the forum (which is to create a marketplace of ideas for student group expression). Rick Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted

RE: Factual Clarification re CLS

2010-05-11 Thread Rick Duncan
to do? Why is this condition on expressive association not an unconstitutional condition? Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted

RE: Factual Clarification re CLS

2010-05-11 Thread Rick Duncan
committed to freedom of speech, expressive groups should not be forced to choose between their right to access a public forum and their right to expressive association. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I

RE: Factual Clarification re CLS

2010-05-11 Thread Rick Duncan
like a group hug than a marketplace of ideas. Like Doug Laycock, I have exams that need to be graded. I can't wait to read the opinions that come down in this case. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902

Re: Justice Breyer in Hastings case

2010-05-11 Thread Rick Duncan
began), it was met with the bureaucratic stall so that none of its requests to meet on campus was granted in time for the event to be held. [Reply Br. at 7-8].  I think we could dig up more examples if necessary. But this should suffice as a response to Marci's challenge. Rick Duncan Welpton

Re: A question about the must give religious exemptions to the same extent as secular exemptions theory

2010-05-11 Thread Rick Duncan
not be constitutionally controlling, unless some beards are more non-uniform than others. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted it that I want to reform

RE: A question about the must give religious exemptions to the same extent as secular exemptions theory

2010-05-11 Thread Rick Duncan
claim under a law that is not generally applicable? Cheers, Rick Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted it that I want to reform --Dick

RE: A question about the must give religious exemptions to the same extent as secular exemptions theory

2010-05-11 Thread Rick Duncan
strict scrutiny under Lukumi when it burdens free exercise. I can live with some twilight, some malleability,  if that is the price of providing some token constitutional protection to the free exercise of religion. Rick Duncan Welpton Professor of Law University of Nebraska College of Law

RE: A question about the must give religious exemptions to the same extent as secular exemptions theory

2010-05-11 Thread Rick Duncan
, the pagan festivals also include Samhain (known to non-pagans as Hallowe’en), a day when police leave is often cancelled because of the high incidence of vandalism, violence and antisocial behaviour Cheers, Rick Rick Duncan Welpton Professor of Law University of Nebraska College of Law

RE: A question about the must give religious exemptions to the same extent as secular exemptions theory

2010-05-11 Thread Rick Duncan
were denied an excused absence to attend to some religious duty. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted it that I want to reform --Dick

RE: Factual Clarification re CLS

2010-05-10 Thread Rick Duncan
of that purpose by prohibiting groups from having a membership policy based upon its organizing principles and beliefs. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels

RE: Factual Clarification re CLS

2010-05-10 Thread Rick Duncan
policy is silly and completely inconsistent with a marketplace of ideas in which many groups with different beliefs debate and express different ideas from very different perspectives. Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902

Re: Justice Breyer in Hastings case

2010-05-10 Thread Rick Duncan
their beliefs and expressive ideas, then Widmar, Lambs Chapel, and Good News are meaningless. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised a storm,It's the scoundrels who've corrupted

RE: Comparative Law of Religious Liberty

2009-10-07 Thread Rick Duncan
I want to thank all of you who posted citations and suggestions. I think I have a wealth of materials to choose from now. Thanks, Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 And against the constitution I have never raised

Re: A Concrete Example

2009-06-26 Thread Rick Duncan
is not only a civil rights law, it is one of the most important civil rights laws ever enacted. I am all for federalism, but the right of religious communities to meet for worship and ministry is an inalienable right that deserves the protection of federal civil rights legislation. Rick Duncan Welpton

RE: A Concrete Example

2009-06-25 Thread Rick Duncan
into a first year, primarily common law class. My Property students love the 3-hour RLUIPA unit in the course. This is one of the reasons why a 6-credit Property class is useful in the First Year.   Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902

Re: A Concrete Example

2009-06-25 Thread Rick Duncan
) are one of the most individualized of all bodies of law. And the equal terms rule arguably enforces the Smith rule protecting free exercise from non-generally applicable burdens. Sounds like a civil rights law to me! Cheers, Rick Rick Duncan Welpton Professor of Law University of Nebraska College

Re: Michael McConnell Resigning from 10th Circuit and Going to Stanford

2009-05-06 Thread Rick Duncan
Mike's opinion in the Colorado Christian University case is one of the finest 1A decisions I have ever read. He was a judge for far too short a time, but his return to academia is sure to produce much good fruit. Rick Duncan Welpton Professor of Law University of Nebraska College of Law

RE: Bowman v. U.S.

2009-05-05 Thread Rick Duncan
service is a graduation requirement, schools cannot limit service to secular venues. Discrimination against performing community service for religious organizations violates the First Amendment and offends the rich religious heritage that made this country great.” Rick Duncan Welpton Professor of Law

Summum Edited Opinion

2009-05-05 Thread Rick Duncan
Does anyone know of a link to a good edited version of Summum? I am teaching a First Amendment Course this summer, and I would like to assign an edited version of the case (with a link for students to access it). Thanks, Rick Rick Duncan Welpton Professor of Law University of Nebraska

Summum

2009-05-05 Thread Rick Duncan
Never mind. I found a link to an edited version of the Summum opinion. It is here if others are interested. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 ___ To post, send message

Re: Bowman v. U.S.

2009-05-04 Thread Rick Duncan
in Davey is both unreasoned and wrong. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 --- On Mon, 5/4/09, Volokh, Eugene vol...@law.ucla.edu wrote: From: Volokh, Eugene vol...@law.ucla.edu Subject: Bowman v. U.S. To: Law Religion issues

Re: Bowman v. U.S.

2009-05-04 Thread Rick Duncan
not preclude the issue. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see

Re: Bowman v. U.S.

2009-05-04 Thread Rick Duncan
in Davey, a Fr Ex case, should not preclude the issue from being considered in a future case in which the Fr Sp issue is part of the question presented. The test suites I propose make Rehnquist's non-analysis in Davey cry out for full and fair reconsideration. Rick Duncan Welpton Professor

Re: Bowman v. U.S.

2009-05-04 Thread Rick Duncan
if they have a claim under the Free Sp Cl. What would you advise them? Cheers, Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb

RE: Americans United: Iowa Supreme Court RulingOnMarriageUpholdsReligious Liberty, Says Americans United

2009-04-07 Thread Rick Duncan
and the beautiful. Cheers, Rick Duncan ___ 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

RE: Americans United: Iowa Supreme CourtRulingOnMarriageUpholdsReligious Liberty, Says Americans United

2009-04-07 Thread Rick Duncan
taking an official position about whether evolution or same-sex marriage or anything else is consistent with the Bible or with Christianity or any other faith. Am I wrong? Rick Duncan --- On Tue, 4/7/09, Steve Sanders steve...@umich.edu wrote: From: Steve Sanders steve...@umich.edu Subject: RE

Re: Government Religious Displays and Substantive Neutrality

2009-04-02 Thread Rick Duncan
Art Spitzer wrote: In a message dated 3/31/09 6:02:12 PM, layco...@umich.edu writes: Here's one more way to think about it:  ... the rule that government must be religiously neutral [is] a special protection for religion   Government can not try either to coerce you or persuade you to change

Re: Using religion for government purposes

2009-03-28 Thread Rick Duncan
Anthony Decinque writes: Let's go back to the hypothetical from earlier, the one about the anti homosexual sign versus the Christians welcome sign.  I thought that was a strong hypothetical that really hit to the heart of the issue.  Why can the government do A but not B?   The answer, I think,

RE: Summum

2009-03-27 Thread Rick Duncan
. Of course, public schools may have to close and public parks may have to be stripped of most displays if we decide to respect everyone's beliefs from the harm of offensive govt endorsements. But that is the price we pay for a society that respects the hurt feelings of everyone. Rick Duncan

RE: Summum

2009-03-27 Thread Rick Duncan
counterparts in the marketplace of ideas. Rick Duncan ___ 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

Summum

2009-03-26 Thread Rick Duncan
of government and his casual acceptance of the EC as a limitation on the speech of the states. Heckler's vetos are bad except when they are good! Just a few thoughts about a recent decision I thought I would share with the list. Cheers. Rick Duncan Welpton Professor of Law University of Nebraska

RE: Summum

2009-03-26 Thread Rick Duncan
to choose its messages. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.--Ben Franklin (perhaps misattributed, but still

RE: Summum

2009-03-26 Thread Rick Duncan
. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.--Ben Franklin (perhaps misattributed, but still worthy of Franklin) It's

Re: An Interesting Govt School Censorship Case

2009-03-04 Thread Rick Duncan
discussing these issues in class. But I certainly agree that religious groups should have no more and no less access to public schools than other groups advertising meetings and events. Equal access means equal access. Rick Duncan Welpton Professor of Law University of Nebraska College

Re: An Interesting Govt School Censorship Case

2009-03-04 Thread Rick Duncan
speaker' message. No? Just apply the same access, the same equality of expression, for all student groups, both religious and secular, and you will be on the good side of the 1A. Cheers, Rick Duncan ___ To post, send message to Religionlaw

Re: An Interesting Govt School Censorship Case

2009-03-04 Thread Rick Duncan
rainbow posters mentioned earlier in this thread, may a school ban the rainbow as disruptive, while permitting other student groups to display their slogans and symbols? Cheers, Rick Duncan ___ To post, send message to Religionlaw@lists.ucla.edu

An Interesting Govt School Censorship Case

2009-03-03 Thread Rick Duncan
Court for the Middle District of Tennessee Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.--Ben Franklin (perhaps

Re: School District Bans religious Holiday Celebrations

2008-11-30 Thread Rick Duncan
of the EC (or to appease some parents who object to religious music) is neither reasonable nor pedagogical. No? Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902   ___ To post, send message

Re: Lack of sincerity

2008-08-02 Thread Rick Duncan
Doug makes a great point--the cost of overprotecting questionably sincere claims to free exercise is a general watering down of the liberty for valid claims. Sounds like a good law review topic to me--perhaps for a seminar paper or law review comment for a student. Cheers, Rick Rick Duncan

Re: Unfavorable feelings towards ideologies

2007-08-14 Thread Rick Duncan
religious colleges or pervasively sectarian religious colleges from participating. Separate and equal is one thing; separate and unequal is another thing indeed. Rick Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 It's

RE: Unfavorable feelings towards ideologies

2007-08-14 Thread Rick Duncan
views) towards, say, evangelicals, any more than that they would have unfavorable views towards Socialists or free-market advocates or libertarians? Eugene From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan Sent: Tuesday, August 14, 2007 9

RE: A Hypo I Am Using in Class

2007-08-02 Thread Rick Duncan
a public culture that is diverse and open to both secular and religious subgroups in the community. Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 It's a funny thing about us human beings: not many of us doubt God's

RE: Victory for prayer in Jesus name?

2007-08-02 Thread Rick Duncan
his views about incorporating the EC only to the extent that it protects individual liberty against substantial deprivations are very powerful and convincing. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 It's a funny

A Hypo I Am Using in Class

2007-08-01 Thread Rick Duncan
don't like the message. Do the Pls have a good claim? Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most

Re: A Hypo I Am Using in Class

2007-08-01 Thread Rick Duncan
to appease critics who disagreed with the message. No? Rick Duncan Douglas Laycock [EMAIL PROTECTED] wrote: The gay pride folks do not have a claim. The Free Speech Clause creates no right to force someone else to say something -- not even if that someone is the government. Pico was a very

RE: A Hypo I Am Using in Class

2007-08-01 Thread Rick Duncan
a true coercion test. The interior decorating of the public square should be decided in the political process, not by an unelected Court sitting in a federal enclave. Rick Duncan v\:* {behavior:url(#default#VML);} o\:* {behavior:url(#default#VML);} w\:* {behavior:url

Re: Colorado Christian University Case: EC Compelling Interest

2007-07-26 Thread Rick Duncan
has a compelling interest which justifies denominational discrimination). Marty thinks the dist ct erred in finding denominational discrimination. Let's see how this one sorts itself out in the ct of appeals (and perhaps at the SCt). Rick Duncan Marty Lederman [EMAIL PROTECTED] wrote

RE: Colorado Christian University Case: EC Compelling Interest

2007-07-26 Thread Rick Duncan
and cease its practice of discriminatory religious classifications. Or, it should accept the SCt's modern notion that a neutral private choice scholarship program funds private educational choices for everyone and does not advance or endorse any religion. Rick Duncan Rick Duncan

Re: Colorado Christian University Case: EC Compelling Interest

2007-07-25 Thread Rick Duncan
scholarships to students who attend other religious colleges, it will be in flagrant violation of the EC Larson. Cheers, Rick Duncan [EMAIL PROTECTED] wrote: Rick, with all respect, I think you're simply ignoring the rationale of the Colorado statute and constitution. Yes, Colorado

EC Compelling Interest: Right to Receive Speech as Compelling

2007-07-24 Thread Rick Duncan
audience to receive govt speech recognizing the origins of the Christmas holiday. Any further thoughts? Or has this topic run its course? Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 It's

RColorado Christian University Case: EC Compelling Interest

2007-07-24 Thread Rick Duncan
up the system. Here is a link to the district ct opinion which is currently being appealed. Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 It's a funny thing about us human beings: not many of us doubt God's

Re: Colorado Christian University Case: EC Compelling Interest

2007-07-24 Thread Rick Duncan
the entire Mitchell line of cases *and* Locke. But until it does so, this decision strikes me as compelled by the case law. -- Original message -- From: Rick Duncan Doug Laycock writes: I don't know much about this case, but certainly as Rick describes

RE: EC Compelling Interest

2007-07-23 Thread Rick Duncan
a balancing test. Rick Duncan Volokh, Eugene [EMAIL PROTECTED] wrote: Rick: You might well be right, but it's hard to tell without some cases that test our sense of this, by coming out differently under strict scrutiny than under per se invalidation. It's hard to see a compelling interest

RE: EC Compelling Interest

2007-07-23 Thread Rick Duncan
the federal EC violation? Is this a case in which the state compelling interest in not funding certain religious colleges is merely a disagreement with the clearest command of the federal EC prohibiting denominational discrimination? Rick Duncan Douglas Laycock [EMAIL PROTECTED] wrote

Re: EC Compelling Interest

2007-07-23 Thread Rick Duncan
and the FEC requires, because the EC forbids denominational discrimination as the clearest command of the Clause. Rick Duncan [EMAIL PROTECTED] wrote: I've barely glanced at the decision, but from what I've quickly read, I don't think it's fair to call what Colorado has done denominational

EC Compelling Interest

2007-07-22 Thread Rick Duncan
addrsssing it? Does it matter what kind of EC violation the state has committed? Cheers, Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 It's a funny thing about us human beings: not many of us doubt God's existence

RE: EC Compelling Interest

2007-07-22 Thread Rick Duncan
sectarian education serve as a compelling justification for denominational discrimination including non-pervasively sectarian religious colleges but excluding pervasively sectarian religious colleges? Rick Duncan Volokh, Eugene [EMAIL PROTECTED] wrote: Rick asks an excellent

RE: EC Compelling Interest

2007-07-22 Thread Rick Duncan
that the EC here is a structural limitation on the power of govt, one that denies govt the power to endorse religion even if it has good reasons to put up the display. Am I wrong? Rick Duncan Volokh, Eugene [EMAIL PROTECTED] wrote: Rick asks an excellent question; the doctrinal

Re: EC Compelling Interest

2007-07-22 Thread Rick Duncan
a special situation which, due to history tradition, does not trigger the EC). Rick Duncan [EMAIL PROTECTED] wrote: How about hiring chaplains for the armed forces? In a message dated 7/22/07 5:34:54 PM, [EMAIL PROTECTED] writes: The tough question is to come up with a concrete example

Jesus Costume Banned by Public School

2007-02-21 Thread Rick Duncan
and speak the Truth through strategy, training, funding, and litigation. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most

RE: AlterNet website

2007-02-12 Thread Rick Duncan
, but rather religious persecution directed at anyone who has a committed,childlike faith in God and God's lies, or who believes in this mythological worldview. We need a strong First Amendment now more than ever. Returning to lurk mode, Rick Duncan Rick Duncan Welpton Professor

George Dent on Gay Rights vs. Religious Freedom

2006-10-25 Thread Rick Duncan
Here is a corrected link to Prof. Dent's article.Rick Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then

Dent Link Again

2006-10-25 Thread Rick Duncan
I don't know why the link isn't working. Here is one more attempt:http://papers.ssrn.com/sol3/papers.cfm?abstract_id=931257Civil Rights for Whom?: Gay Rights versus Religious Freedom Rick Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902

RE: Teenagers The Spirit of Liberty

2006-05-24 Thread Rick Duncan
applaud students who stand up and say "we will not be silenced;we are going to participate in defining what kind of nation we are." These kids are heroes in my book. Their parents should be proud of them.Rick DuncanRick Duncan Welpton Professor of Law University of Nebraska Colleg

Bullying of Christian Students in Public Schools

2006-05-24 Thread Rick Duncan
in the defense of religious freedom, parental rights, and other civil liberties. P.O. Box 276600 Sacramento, CA 95827-6600 Phone: (916) 857-6900 Fax (916) 857-6902 Internet: www.pacificjustice.org Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 "

Teenagers The Spirit of Liberty

2006-05-23 Thread Rick Duncan
that than if I had just simply said a prayer like I was supposed to."Every year in May there are stories of liberty like these. I love it when young men and women take a stand for free speech and religious liberty! Rick Duncan Welpton Professor of Law University of Nebraska Colleg

RE: Teenagers The Spirit of Liberty

2006-05-23 Thread Rick Duncan
nt to God because of something like that than if I had just simply said a prayer like I was supposed to."Every year in May there are stories of liberty like these. I love it when young men and women take a stand for free speech and religious liberty! Rick Duncan Welpton

Re: Teenagers The Spirit of Liberty

2006-05-23 Thread Rick Duncan
judiciary. I am proud of these kids. I hope their spirit spreads to many other schools and impacts many other commencements. There is no need to ask school officialsto sponsor prayer. All students need to do is pray: without asking for endorsement or permission from government authorities.

RLUIPA Case With Great facts

2006-05-10 Thread Rick Duncan
that Bedford County officials immediately rescind the Notice of Violation or face a possible federal lawsuit. Nice exam question perhaps. Cheers, Rick Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"It's a funny thing about us human beings: not

RE: Catholic Charities Issue

2006-03-16 Thread Rick Duncan
nt is well-taken. If A, then B.I wish I had thought of that!Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Le

RE: Catholic Charities Issue

2006-03-16 Thread Rick Duncan
there are truths that"we can't not know" no matter how hard we try to suppress them.Rick Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"It's a funny thing about us human beings: not many of us doubt God's existence a

RE: Catholic Charities Issue

2006-03-14 Thread Rick Duncan
of it in an effort to achieve other social go! als. To paraphrase Barry Goldwater, extremism in the defense of equality can be a vice. I can't find anything to disagree with inthat eloquent statement of the problem.Rick Duncan Anthony Picarello [EMAIL PROTECTED] wrote: Although I share Marci's general

And Now For Something Completely Different

2006-03-14 Thread Rick Duncan
ds of very vulnerable children.Every one of the nation’s leading children’s welfare groups agrees that a parent’s sexual orientation is irrelevant to his or her ability to raise a child. What these bishops are doing is shameful, wrong and has nothing to do whatsoever with faith.”Rick Duncan R

Re: And Now For Something Completely Different

2006-03-14 Thread Rick Duncan
So Mr. Brayton agrees with the HRCthat the Catholic faith--at least on the issue of marriage and family--is "shameful" and "ugly" and "serves absolutely no higher purpose." Our zones of tolerance just don't overlap.Rick DuncanEd Brayton [EMAIL PROTEC

RE: Catholic Charities Issue

2006-03-13 Thread Rick Duncan
of Worms (I cannot, and I will not recant. Here I stand; I can do no other. God help me. Amen.) Perhaps she didn't even recognize the resemblance. But, there it is. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 When

RE: Catholic Charities Issue

2006-03-13 Thread Rick Duncan
to believe that discrimination against same sex couples in the adoption process is (almost) as inconsistent with state values as discrimination against different race couples. I think that is correct. Rick Duncan thinks that is wrong. But our fight is on the merits of that proposition

RE: Catholic Charities Issue

2006-03-12 Thread Rick Duncan
/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. Rick Duncan Welpton

Catholic Charities Issue

2006-03-11 Thread Rick Duncan
children to be adopted by persons living in such unions would actually mean doing violence to these children, in the sense that their condition of dependency would be used to place them in an environment that is not conducive to their full human development."Here and here. Rick Duncan We

Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Rick Duncan
than stay in and disobey God. That is clearly the right decision--indeed the only decision--for a religious body to make.Cheers, Rick Duncan[EMAIL PROTECTED] wrote: In a message dated 3/10/2006 11:16:20 PM Eastern Standard Time, [EMAIL PROTECTED] writes:This was the right

Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Rick Duncan
the messages to others. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, s

Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Rick Duncan
es that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Ga

Re: Catholic Charities Issue

2006-03-11 Thread Rick Duncan
ildren, in the sense that their condition of dependency would be used to place them in an environment that is not conducive to their full human development."! Here and here.Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When t

Re: Catholic Charities Issue

2006-03-11 Thread Rick Duncan
ons/ and here http://www.boston.com/news/local/articles/2006/03/11/churchs_rift_with_beacon_hill_grows/ .Rick Duncan Welpton Professor of Law University of Nebraska Co! llege of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or

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