Floodwaters and Undermined Walls

2005-09-01 Thread JMHACLJ
The wall is the central metaphor defining the meaning and work of the Establishment Clause for many commentators including on this list. When the government "gets away" with some emblematic behavior tinged with religious connotations, the hue and cry of breach is predictable. We are all

Re: Floodwaters and Undermined Walls

2005-09-01 Thread FRAP428
Jim Henderson, you are beyond disgusting. People are dying. They were gasping out their last breaths or cradling a loved one--a child, a mother or father--in distress as you wrote your post. Save your idelogical arguments for another time. I'm sorry, Eugene, but this is too much so don't bother to

RE: Floodwaters and Undermined Walls

2005-09-01 Thread Dave Ball
I'm with Frances, in terms of the Establishment Clause issue that Jim has raised. In terms of the issue, this to me is just like the latitude that Bill Marshall has argued should be granted regarding post-9/11 religious observances. To quote Bill's article, "The Limits of Secularism: Public

RE: Floodwaters and Undermined Walls

2005-09-01 Thread David Cruz
In Frances Paterson's defense, while this may be the place for the noting that Henderson did, considerations of appropriate time are also relevant. And just now, when we don't even know how many people have died, haven't recovered their bodies, haven't even necessarily rescued all the trapped,

Re: Floodwaters and Undermined Walls

2005-09-01 Thread ArtSpitzer
In a message dated 9/1/05 1:48:47 PM, [EMAIL PROTECTED] writes: Well, I know now what I always suspected.  If I cried out to Jim Henderson for succor, he might well help me but one part of his mind would be thinking or at least considering if he could use my suffering to advance his agenda. 

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Paul Finkelman
One might think that instead of spending time issuing calls for prayer, the governor would focus on more down-to-earth matters. The call for prayers also of course raises a different practial question. When I moved to Oklahoma the state was in the middle of huge drought, with no rain for

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Brad M Pardee
I'm not sure there is anything the governor could have done in the time it took to issue a call to prayer that wasn't already being done. And in time of crisis, like 9/11 or Hurricane Katrina or anything else of such a devastating magnitude, there are many of us who find a call to prayer as

RE: Floodwaters and Undermined Walls

2005-09-01 Thread Marc Stern
What the Establishment Clause in the abstract means is one thing; whether as a practical matter any body would or should enforce the maximum possible reading of the clause is something again. I have often urged on the Jewish community some exercise of judgment over what issues result in

Re: Floodwaters and Undermined Walls

2005-09-01 Thread A.E. Brownstein
I don't spend a lot of time worrying about the exact words government officials use to respond to catastrophes, but Art makes a very legitimate point here. It's not hard to come up with language that is inclusive. When we face disasters as a people, and feel the need to speak as a people,

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Ed Darrell
Were there penalties in the past, they would have pre-dated the Establishment Clause, and so would not be relevant to EC litigation. Washington's actions are noteworthy, perhaps: Congress sent him (non-binding) resolutions calling for days of prayer or fasting; Washington carefully edited out

From the list custodian

2005-09-01 Thread Volokh, Eugene
Title: Message Folks: I'm willing to cut people slack in times of obvious and understandable emotional upset, butit's still important to note that posts such as those below,though forgivable under the circumstances, are quiteinappropriate. You may have whatever views you want of fellow

Re: New Orleans legal system

2005-09-01 Thread Robert O'Brien
- Original Message - From: Richard Foltin [EMAIL PROTECTED] To: Religionlaw@lists.ucla.edu Sent: Thursday, September 01, 2005 4:26 PM Subject: New Orleans legal system Tangentially apropos of the interesting but assuredly academic discussion of Governor Blanco's call for prayer,