Re: UK case

2005-08-04 Thread Paul Diamond
This is governed in all of Europe by the EC Working Time Directive which (in general, but there are opt outs) provides for a max. 13 hour day and two days off in a 14 day reference period (base on principle on one day in seven). Although if an employer structured his shifts carefully it would

Re: UK case

2005-08-04 Thread Paul Diamond
Thanks for this reply; I am interest by the US principle that 'no rule' is established in circumstances in which the conlcusion is similar. Mummery LJ held himself bound, unless over-ruled by the Hof Lords and Rix LJ says Article 9 is engaged but can't interfere (even though this means the

Re: religiously-motivated political strife

2005-08-04 Thread RJLipkin
In a message dated 8/3/2005 11:01:19 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Of course, in recent times much religious strife is caused by excluding religious people from equal access to the public square and from equal participation in the benefits of the welfare state.

Re: UK case

2005-08-04 Thread Vance R. Koven
I don't think that Rix LJ proposed that just because the employer has a need its actions are inherently reasonable. I think what he said was that because the employer had a need, the justification provisions of Article 9 were engaged and required an offer of reasonable accommodation (he also said,

Re: Establisment clause and oppressive taxation

2005-08-04 Thread Steven Jamar
fwiw here is the South African Constitutional provisions on freedom of religion and freedom of _expression_:15. (1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion.(2) Religious observances may be conducted at state or state-aided institutions, provided that

Re: Establisment clause and oppressive taxation

2005-08-04 Thread Steven Jamar
Sorry -- I hit "send" before I had finished pasting all of the sections I intended to -- here is the more complete version -- you can see the whole bill of rights athttp://www.polity.org.za/html/govdocs/constitution/saconst02.html?rebookmark=1#31On Aug 4, 2005, at 8:25 AM, Steven Jamar wrote:fwiw

Re: Establisment clause and oppressive taxation

2005-08-04 Thread Ed Brayton
Francis Beckwith wrote: Re: Establisment clause and oppressive taxation Given the regulatory state in which we liveone that requires that parents who send their children to religious private school must pay for both the school tuition as well as taxes to fund public schools--it seems to

Re: religiously-motivated political strife

2005-08-04 Thread Mark Graber
Perhaps the central point of this dialogue is the silliness of using religious strife when evaluating constitutional provisions on religion. People disagree on school vouchers, the ten commandments, etc. The claim that one side of the disagreement is causing religious strife is implicitly based

Re: religiously-motivated political strife

2005-08-04 Thread RJLipkin
In a message dated 8/4/2005 10:47:25 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Supposeyou fell off a ship at sea and were drowning and I threw you a lifeline. And yousaid, "I don't like this lifeline because it's orange and I prefer yellow ones." And I said "it's the only

Re: religiously-motivated political strife

2005-08-04 Thread Brad M Pardee
Steve Jamar wrote on 08/04/2005 10:04:08 AM: On Aug 4, 2005, at 10:46 AM, Rick Duncan wrote: The doctrine of salvationby grace through faith in Christ is a doctrine of love and forgiveness. It is not an intolerant doctrine. It is open to everyone. When people say that theirs is

Re: religiously-motivated political strife

2005-08-04 Thread Steven Jamar
Brad,I'm  not generally very persuaded by "slippery slope" arguments.  We always need to draw lines between what is ok and what is not.  I am one who  thinks the international norms of hate speech should be followed here and that we can draw the line sufficiently  toward the really bad end of the

What causes more religious strife: Government bodies posting the Ten Commandments, or courts ordering their removal?

2005-08-04 Thread Volokh, Eugene
If religious strife is the touchstone, then I wonder: What causes more religious strife: Government bodies posting the Ten Commandments, or courts ordering their removal? Sure, you can say that even the latter strife is caused by the initial posting -- but this just further

Re: religiously-motivated political strife

2005-08-04 Thread James Maule
Is this a question of speech or a question of behavior? Am I wrong in concluding that each person has a right to express their religious beliefs, even if those beliefs include predictions or convictions that all non-believers are doomed or that a particular individual is destined to some

Re: What causes more religious strife: Government bodies posting the Ten Comm...

2005-08-04 Thread FRAP428
In a message dated 8/4/05 1:05:00 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: If the court says the majority religion must leave room for the minority to practice, then this can have another set of effects. This sometimes ocurrs when a court treats a defunct (or virtually defunct)

Re: Establisment clause and oppressive taxation

2005-08-04 Thread Gene Garman
Re Madison's view. Madison clearly expressed his position relating to civil rights and of opposition to use of tax (coerced) money for "teachers of the Christian religion" in his 1785 "Memorial and Remonstrance," which he distributed just prior to passage of the 1786 Virginia Statute of

Re: religiously-motivated political strife

2005-08-04 Thread Steven Jamar
off into semantic land . . . about the term "tolerance" . . .  we have been here before . . .I would be delighted to see just the "benign neglect" or unthinking acceptance of others or even better, thoughtful acceptance of others and their beliefs, even if I think they are wrong.  I would rather

Re: What causes more religious strife: Government bodies posting the Ten Commandments, or courts ordering their removal?

2005-08-04 Thread Mark Tushnet
I'm a few hours behind on these postings, so apologies in advance if this point has been made: Suppose that the inquiry into strife is not a direct touchstone, in the sense that asking whether X causes religious strife is relevant to deciding whether X is constitutional. Rather -- as I think

RE: What causes more religious strife: Government bodies posting theTen Commandments, or courts ordering their removal?

2005-08-04 Thread Volokh, Eugene
I much appreciate Mark's point; but I wonder then at what level of generality we accept (if we do accept) Justice Souter's historical claim. For instance, it's not clear to me that genuinely evenhanded aid programs have caused that much strife -- especially not along the lines of the

RE: What causes more religious strife: Government bodies postingtheTen Commandments, or courts ordering their removal?

2005-08-04 Thread Douglas Laycock
Well, the central issue in the 19th-century Protestant-Catholic battles was religious instruction in the schools and refusal to fund private schools as an alternative. The Protestants said that Bible reading was neutral and included everybody, just as Scalia says the Ten Commandments are

Re: Establisment clause and oppressive taxation

2005-08-04 Thread Paul Finkelman
This is not the same as giving money to a synagogue or other religious institution; a Jew can use food stamps for kosher food; and Hindu for vegitarian food; a Moslem for Halal meat; but they should not be allowed to give the stamps to their synagogue, temples, etc. Rick Duncan wrote: Or

Re: Establisment clause and oppressive taxation

2005-08-04 Thread Francis Beckwith
Title: Re: Establisment clause and oppressive taxation What if the synagogue, temple, or mosque also distributes and sells religiously-prepared foods as does the local grocery stores, but some of the believers would rather purchase food with their stamps from those they trust to prepare the