FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Volokh, Eugene
Well, the Catholic League minority reasoned that the parties who are personally the subjects of the resolution, such as Cardinal Levada, Archbishop Niederauer, and Catholic Charities, could demonstrate cognizable harm, because they were singled out by name in the resolution; but

Re: FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Hamilton02
I don't think Eugene is correct on this point. His complaint states that he will be negatively affected, because his will requires reference to Sharia law regarding his burial. So I think he is closer to someone who can show cognizable harm. I think he may have an argument on

RE: FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Volokh, Eugene
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com Sent: Wednesday, November 10, 2010 12:30 PM To: religionlaw@lists.ucla.edu Subject: Re: FW: TRO against Oklahoma no use of Sharia Law I don't think Eugene is correct on this point. His complaint states that he

Re: FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Hamilton02
I agree there is a potential problem with a court interpreting Sharia law and he would do better to revise his will, BUT if the question in will interpretation is what he intended, I would think his intent is a fact question, and there could be testimony regarding what he believed, not

RE: FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Volokh, Eugene
] On Behalf Of hamilto...@aol.com Sent: Wednesday, November 10, 2010 12:40 PM To: religionlaw@lists.ucla.edu Subject: Re: FW: TRO against Oklahoma no use of Sharia Law I agree there is a potential problem with a court interpreting Sharia law and he would do better to revise his will, BUT if the question

RE: FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Eric Rassbach
: FW: TRO against Oklahoma no use of Sharia Law Well, if indeed the theory is that the court is not really deciding what Sharia law calls for, but just what the testator wanted, then I agree there might not be a First Amendment problem – but then I’m not sure that the amendment

RE: FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Volokh, Eugene
Rassbach Sent: Wednesday, November 10, 2010 3:11 PM To: Law Religion issues for Law Academics Subject: RE: FW: TRO against Oklahoma no use of Sharia Law An analogy would be a religious wedding contract that a court enforces (or doesn't) according to neutral principles of law. The fact

Re: FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread sternm
] On Behalf Of Eric Rassbach Sent: Wednesday, November 10, 2010 3:11 PM To: Law Religion issues for Law Academics Subject: RE: FW: TRO against Oklahoma no use of Sharia Law An analogy would be a religious wedding contract that a court enforces (or doesn't) according to neutral principles

RE: FW: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Volokh, Eugene
-boun...@lists.ucla.edu [mailto:religionlaw- boun...@lists.ucla.edu] On Behalf Of ste...@ajc.org Sent: Wednesday, November 10, 2010 3:32 PM To: Law Religion issues for Law Academics Subject: Re: FW: TRO against Oklahoma no use of Sharia Law It is no doubt possible for lawyers to read