RE: Strict scrutiny, from Sherbert/Yoder to RFRA

2012-06-17 Thread Christopher Lund
test, if we agree that “compelling interest” can’t mean here what it might mean in other places? Best, Chris From: Volokh, Eugene Sent: Friday, June 15, 2012 10:44 AM To: Law Religion issues for Law Academics Subject: Strict scrutiny, from Sherbert/Yoder to RFRA I

Re: Strict scrutiny, from Sherbert/Yoder to RFRA

2012-06-17 Thread Steven Jamar
what it might mean in other places? Best, Chris From: Volokh, Eugene Sent: Friday, June 15, 2012 10:44 AM To: Law Religion issues for Law Academics Subject: Strict scrutiny, from Sherbert/Yoder to RFRA I disagree on very much with Marci, and I’m not sure

RE: Strict scrutiny, from Sherbert/Yoder to RFRA

2012-06-17 Thread Alan Brownstein
scrutiny, from Sherbert/Yoder to RFRA I wanted to send out a thought relating to earlier posts by Mark Graber and Eugene Volokh. They suggest an intermediate standard of review, somewhere between strict scrutiny and Smith. I think they are right on the key point. The usual “strict scrutiny

Re: Strict scrutiny, from Sherbert/Yoder to RFRA

2012-06-17 Thread Douglas Laycock
Alan is too modest for shameless plugs, but he has written very thoughtfully about the need for more fine-grained analysis of free exercise questions, with multiple tests depending on context, in an article in 2006 or so. I think it's called Taking Free Exercise Seriously. On Sun, 17 Jun 2012

RE: Strict scrutiny, from Sherbert/Yoder to RFRA

2012-06-17 Thread Eric Rassbach
___ From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Behalf Of Christopher Lund [l...@wayne.edu] Sent: Sunday, June 17, 2012 4:36 PM To: 'Law Religion issues for Law Academics' Subject: RE: Strict scrutiny, from Sherbert/Yoder to RFRA I wanted to send out a thought

Strict scrutiny, from Sherbert/Yoder to RFRA

2012-06-15 Thread Volokh, Eugene
From: Volokh, Eugene Sent: Friday, June 15, 2012 10:44 AM To: Law Religion issues for Law Academics Subject: Strict scrutiny, from Sherbert/Yoder to RFRA I disagree on very much with Marci, and I’m not sure that the Sherbert/Yoder test would have been inapplicable