Voters Oust Dover School Board

2005-11-09 Thread James Maule
According to an article in this morning's Philadelphia Inquirer [http://www.philly.com/mld/philly/news/local/13116793.htm (a free subscription site)], voters in Dover, Pa., where the intelligent design curriculum trial recently concluded, replaced all 8 Republican school board members who were

Re: Voters Oust Dover School Board

2005-11-09 Thread Ann Althouse
I'd say the voluntary cessation doctrine would cover anything that might appear moot here. Ann On Nov 9, 2005, at 7:56 AM, James Maule wrote: According to an article in this morning's Philadelphia Inquirer [http://www.philly.com/mld/philly/news/local/13116793.htm (a free subscription

Re: Voters Oust Dover School Board

2005-11-09 Thread JMHACLJ
In a message dated 11/9/2005 9:45:19 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: I can understand the political reasons for waiting for Judge Jones' decision. But surely even if the Supreme Court decides in favor of the old school board's decision, that decision cannot

France: Reaping the Fruits of Aggressive Secularism

2005-11-09 Thread Rick Duncan
Maggie Gallagher has a column today that links the riots in France to "France's religious oppression." Here is a money excerpt, in which she quotes Seamus Hasson of Becket Fund: Meanwhile, he says what France should have learned from its repression of religious minorities, but hasn't yet, is

RE: ADL SAYS BIBLE TEACHING GUIDE FOR PUBLIC SCHOOLS UNACCEPTABLE

2005-11-09 Thread Marc Stern
Funny thing. I am listed as one of the content contributors to the text and it has been some while since I was last described as a fundamentalist Christian. This is best understood as ADL trying to be more Catholic than the Pope. Marc Stern American Jewish Congress From:

FW from Rick Garnett: The EAA, Catholics, and Religious Freedom

2005-11-09 Thread Volokh, Eugene
-Original Message- From: Rick Garnett [mailto:[EMAIL PROTECTED] Sent: Tuesday, November 08, 2005 8:27 PM Subject: Fwd: The EAA, Catholics, and Religious Freedom . . . Dear all, For what it is worth -- and I say this as someone who is not unconcerned about maintaining Catholic

Re: Voters Oust Dover School Board

2005-11-09 Thread David W. New
I was sad to see the leaders of the intelligent design movement in Pennsylvania lose their seats in yesterday's election. For a long time, the supporters of evolution have been acting like thick headed Neanderthals. They will not tolerate any other view but their own in the public schools.

RE: ADL SAYS BIBLE TEACHING GUIDE FOR PUBLIC SCHOOLS UNACCEPTABLE

2005-11-09 Thread Charles Haynes
Marc (and everyone). This is not the text put out by the Bible Literacy Project, The Bible and Its Influence. (Marc and I were among 40 reviewrs/contributors to the BLP text.) This is the material distreibuted by the National Council on Religion in Public Schools. I support the first, but

Re: Voters Oust Dover School Board

2005-11-09 Thread Ed Brayton
James Maule wrote: According to an article in this morning's Philadelphia Inquirer [http://www.philly.com/mld/philly/news/local/13116793.htm (a free subscription site)], voters in Dover, Pa., where the intelligent design curriculum trial recently concluded, replaced all 8 Republican school

Re: Voters Oust Dover School Board

2005-11-09 Thread Paul Finkelman
Intelligent design is neither false nor true -- it is religous belief and thus has no place in a science class; teaching it in a comparative religion class makes sense. Mr. New's comments below are either ironic (in which case they are quite funny) or he simply does not understand science

Re: France: Reaping the Fruits of Aggressive Secularism

2005-11-09 Thread Ed Brayton
Rick Duncan wrote: Maggie Gallagher has a column today that links the riots in France to "France's religious oppression." Here is a money excerpt, in which she quotes Seamus Hasson of Becket Fund: Meanwhile, he says what France should have learned from its repression of religious

Re: Voters Oust Dover School Board

2005-11-09 Thread Michael MASINTER
On Wed, 9 Nov 2005 [EMAIL PROTECTED] wrote: I am not searching for conspiracies behind large oaks on dimly lit streets, but what impact would the immediate decision of the board, on their own judgments about intelligent design vs evolution, to eliminate ID instruction have on the

RE: Voters Oust Dover School Board

2005-11-09 Thread Douglas Laycock
Ann is right that a school board abandoning its (allegedly) unconstitutional conduct does not moot the case or make an injunction unnecessary as a matter of remedial discretion. But a new set of officials, with no history of engaging in the challenged conduct and who disclaim any intent

Re: Voters Oust Dover School Board

2005-11-09 Thread RJLipkin
Ed, when do you think the article will be published? And is it an online journal. Thanks, Bobby. Robert Justin LipkinProfessor of LawWidener University School of LawDelaware ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe,

RE: FYI: An Interesting See You at the Pole Case

2005-11-09 Thread Newsom Michael
And you still overreach with a straw man argument. I have taken no position on the desirability of amending EAA. Why cant you understand that? From: Berg, Thomas C. [mailto:[EMAIL PROTECTED] Sent: Tuesday, November 08, 2005 5:28 PM To: 'Law Religion issues for Law Academics'

RE: Candor

2005-11-09 Thread Newsom Michael
You keep trivializing the Mass, saying that there has to be something deeper than the Mass for a Catholic. Where do you get this from? Don't you think that you ought to disclose that? That is all that I said. (For what it is worth, I believe that you have accused me, on more than one occasion,

Re: Voters Oust Dover School Board

2005-11-09 Thread Ed Brayton
[EMAIL PROTECTED] wrote: Ed, when do you think the article will be published? And is it an online journal. Thanks, Bobby. It is in Skeptic, a print magazine, though my understanding is that this article will be made available on their online version as well as the print

RE: Voters Oust Dover School Board

2005-11-09 Thread Volokh, Eugene
Folks: The list operates best if we avoid manifestoes -- and insults of others, including prominent people who aren't on the list -- and provide more careful analysis. This is a best practices suggestion, not a firm list behavior rule; thick headed Neanderthals said about an ideological

RE: Candor

2005-11-09 Thread Volokh, Eugene
Well, here's the quote that Prof. Newsom seems to be alluding to: In case it wasn't clear, my point is that Catholics today are (I hope and believe) quite different from Catholics of 500 years ago, and more open to genuine alliance with, respect towards, and even affection towards

RE: Voters Oust Dover School Board

2005-11-09 Thread Volokh, Eugene
Let me also say the same about calling other list members' views nonsense -- softer language is more likely to persuade, and to foster thoughtful discussion. Our goal should be to provide light, not heat. Eugene -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL

RE: France: Reaping the Fruits of Aggressive Secularism

2005-11-09 Thread Newsom Michael
Other commentators have pointed to the problem of racial and ethnic discrimination as the possible proximate cause of the current difficulties. Many of the disaffected French Muslim children of immigrants may be reacting not a secular state, but to a society in which they cannot find jobs.

RE: FYI: An Interesting See You at the Pole Case

2005-11-09 Thread Berg, Thomas C.
I'll just credit Professor Newsom with noting that the EAA can have disparate impacts, and I'll retire from the discussion. _ From: Newsom Michael [mailto:[EMAIL PROTECTED] Sent: Wed 11/9/2005 11:01 AM To: Law Religion issues for Law Academics Subject: RE: FYI: An Interesting See You at

Re: Voters Oust Dover School Board

2005-11-09 Thread James Maule
Sorry for the delay in responding. Nothing I've seen answers your question, though perhaps I didn't look in the right places. Jim [EMAIL PROTECTED] 11/9/2005 9:44:49 AM I can understand the political reasons for waiting for Judge Jones' decision. But surely even if the Supreme Court

RE: Free Exercise Clause and government employees

2005-11-09 Thread Volokh, Eugene
Here's what the court said about the restriction on Bishop's optional classes. (I set aside the restrictions on Bishop's in-class remarks, which strike me as raising some slightly different matters.) As for the after-class meetings, the University has concluded that meetings on

RE: FYI: An Interesting See You at the Pole Case

2005-11-09 Thread Douglas Laycock
Sorry; I missed the question here. The exceptions and provisos to the Equal Access Act are badly drafted -- 5 clauses that should be parallel but in fact are radically nonparallel -- so interpretation is sometimes difficult. But the Equal Access Act provision that religious groups

RE: Voters Oust Dover School Board

2005-11-09 Thread Friedman, Howard M.
Maybe the new board members would like to see a court ruling striking down the old policy. If they change the policy before the court rules, the case may be deemed moot and the court could dismiss it on those grounds. * Howard M. Friedman Disting. Univ.

RE: Free Exercise Clause and government employees

2005-11-09 Thread Alan Brownstein
That sounds right to me. The professor separates the study group from his work and professional responsibilities (classes, advising etc) by time, location, disclaimer, the way the study group is announced etc. There is no reason for the University to restrict his activities. Alan Brownstein

RE: FYI: An Interesting See You at the Pole Case

2005-11-09 Thread Kim Colby
Doug, Instead of referring toyourarticle as "aging work," it would be appropriate to call it "classic work" given that the courts have cited itfrequently for about 2 decades now. Not a bad record. Kim Colby Christian Legal Society From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On

RE: FYI: An Interesting See You at the Pole Case

2005-11-09 Thread Douglas Laycock
Thanks. Douglas Laycock University of Texas Law School 727 E. Dean Keeton St. Austin, TX 78705 512-232-1341 (phone) 512-471-6988 (fax) From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Kim ColbySent: Wednesday, November 09, 2005 2:37 PMTo: 'Law Religion issues for Law

RE: Candor

2005-11-09 Thread Scarberry, Mark
My Webster's New World Dictionary includes two non-obsolete meanings for candor: 1. the quality of being open-minded or fair; impartiality. 2. honesty in expressing oneself; sincerity; frankness. The first definition surprised me. I do not use candor in that sense, nor would I understand it in

RE: Candor

2005-11-09 Thread Newsom Michael
I did reply, and I meant no accusation of dishonesty. -Original Message- From: Scarberry, Mark [mailto:[EMAIL PROTECTED] Sent: Wednesday, November 09, 2005 2:26 PM To: 'Law Religion issues for Law Academics' Subject: RE: Candor My Webster's New World Dictionary includes two

RE: Candor

2005-11-09 Thread Volokh, Eugene
I too hadn't heard of the impartiality meaning of candor, but I'm pleased to know that this was what was intended, and that Prof. Newsom wasn't accusing me of dishonesty or insincerity. I naturally think that my original assertions were fair and, I hope, accurate (insofar as they were

RE: Candor

2005-11-09 Thread Richard Dougherty
Mark, et al: The first definition you cite is actually the one I think of usually. It is the intention behind the Declaration of Independence's line, let facts be submitted to a candid world. (The toga candida was the white robe worn by Roman office-seekers, meant to imply their impartiality;