RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
. From: David E. Guinn [mailto:[EMAIL PROTECTED] Sent: Sunday, January 15, 2006 9:41 PM To: Law Religion issues for Law Academics Subject: Re: Pilgrim Baptist Church You wrote: Nevertheless, even if the sort of formal neutrality rule espoused in Thomas's Mitchell plurality

RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
Doesn't Boerne answer the question posed in your second paragraph? -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Monday, January 16, 2006 11:59 AM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church Marty makes an excellent point

RE: Pilgrim Baptist Church

2006-01-17 Thread Volokh, Eugene
that Illinois is somehow ill-motivated here. Eugene -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Newsom MichaelSent: Tuesday, January 17, 2006 10:13 AMTo: Law Religion issues for Law AcademicsSubject: RE: Pilgrim Baptist Church

RE: Pilgrim Baptist Church

2006-01-17 Thread Volokh, Eugene
, 2006 10:18 AM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church Doesn't Boerne answer the question posed in your second paragraph? -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Monday, January 16, 2006 11:59 AM To: Law

RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
: Tuesday, January 17, 2006 1:26 PM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church I'm not sure I quite understand -- why would it answer that question? If I recall correctly, this issue wasn't passed on by the Court. Eugene -Original Message

RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
[mailto:[EMAIL PROTECTED] Sent: Tuesday, January 17, 2006 1:26 PM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church I'm not sure I quite understand -- why would it answer that question? If I recall correctly, this issue wasn't passed on by the Court

RE: Pilgrim Baptist Church

2006-01-17 Thread Volokh, Eugene
Of Newsom Michael Sent: Tuesday, January 17, 2006 10:52 AM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church I don't think that your analogy holds up. It is one thing for the state to regulate, and quite another to spend money. -Original Message- From

RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
on. -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Tuesday, January 17, 2006 2:24 PM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church Of course the two are in a sense different things. But they're also similar in that (1) they are both

RE: Pilgrim Baptist Church

2006-01-17 Thread Volokh, Eugene
that fact and move on. -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Tuesday, January 17, 2006 2:24 PM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church Of course the two are in a sense different things. But they're

RE: Pilgrim Baptist Church

2006-01-16 Thread Alan Brownstein
: Pilgrim Baptist Church Marty makes an excellent point here. I think (though I'm not sure that Marty does) that it would be outrageous if, when a state *does* rebuild all buildings, or help rebuild them, or provides other services short of rebuilding (e.g., taxpayer-paid internal sprinkler

Re: Pilgrim Baptist Church

2006-01-15 Thread AAsch
The case I've seen cited on this issue is Committee for Public Ed. Religious Liberty v. Nyquist, 413 U.S. 756, 777 (1973) which says: "If the State may not erect buildings in which religious activities are to take place, it may not maintain such buildings or renovate them when they fall

Re: Pilgrim Baptist Church

2006-01-15 Thread Marty Lederman
form of religious favoritism that is problematic under the EC, even if the Thomas view prevails? - Original Message - From: [EMAIL PROTECTED] To: religionlaw@lists.ucla.edu Sent: Sunday, January 15, 2006 8:09 PM Subject: Re: Pilgrim Baptist Church The case

Re: Pilgrim Baptist Church

2006-01-15 Thread David E. Guinn
To: religionlaw@lists.ucla.edu Sent: Sunday, January 15, 2006 8:09 PM Subject: Re: Pilgrim Baptist Church The case I've seen cited on this issue is Committee for Public Ed. Religious Liberty v. Nyquist, 413 U.S. 756, 777 (1973) which says: "I

Re: Pilgrim Baptist Church

2006-01-15 Thread Marty Lederman
--- Original Message - From: David E. Guinn To: Law Religion issues for Law Academics Sent: Sunday, January 15, 2006 9:40 PM Subject: Re: Pilgrim Baptist Church You wrote: Nevertheless, even if the sort of "formal neutrality" rule espoused in Thoma

RE: Pilgrim Baptist Church

2006-01-15 Thread Sanford Levinson
I think the issue of historical restoration and preservation is a tricky one, precisely because of the potential for strategic mispresentation. I would feel much better if the decision had been made by a professional board of architects (who would no doubt be completely credible in claiming