Pa. Court: Dad Can Teach Daughter Polygamy

2006-09-29 Thread Stanley M Shepp
Anyone care to comment? The Pennsylvania Supreme Court decision in the Shepp v. Shepp case: http://www.courts.state.pa.us/OpPosting/Supreme/out/J-97-2004mo.pdf Pa. Court: Dad Can Teach Daughter Polygamy http://abclocal.go.com/wpvi/story?section=localid=4607786 6abc.com WPVI-TV/DT

UCLA Law Expert Available to Discuss Pennsylvania Supreme Court Ruling Allowing a Father to Teach His Child about Polygamy

2006-09-29 Thread Stanley M. Shepp
http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_viewnewsId=20060929005125newsLang=en http://www.law.ucla.edu September 29, 2006 10:23 AM Eastern Time UCLA Law Expert Available to Discuss Pennsylvania Supreme Court Ruling Allowing a Father to Teach His Child

FW: 75% of Minneapolis airport taxis refuse customers with alcohol

2006-09-29 Thread Volokh, Eugene
The color coding sounds like a pretty good accommodation to me. http://www.startribune.com/789/story/709262.html ... About three-quarters of the 900 taxi drivers at Minneapolis-St. Paul International Airport are Somalis, many of them Muslim. And about three times each day, would-be

Re: FW: 75% of Minneapolis airport taxis refuse customers with alcohol

2006-09-29 Thread Paul Finkelman
Sounds like Plessy v. Ferguson to me. Separate but equal cabs. No way. How far are we willing to take this: what if they say they won't carry people who wear a cross a necklace with the Buddha (a pagan symbol for a devout Muslim); what about a Chistian cab driver who won't pick up someone with

RE: FW: 75% of Minneapolis airport taxis refuse customers withalcohol

2006-09-29 Thread Volokh, Eugene
Hmm; isn't this a bit overwrought? It's hard to see how this is racist; and of course outside race and some other grounds for distinction, separate but equal is hardly always (or generally) wrong. To say that the taxi cab driver is a common carrier is, I think, to assume the conclusion:

Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol

2006-09-29 Thread James Maule
Question. In many states it is illegal to ride in a vehicle with an open container, and some (many?) of those statutes prohibit openly displaying alcohol. Assuming for a moment that all of the cab drivers in question are like the fellow who is quoted (no questions asked about what is in a

RE: FW: 75% of Minneapolis airport taxis refuse customers withalcohol

2006-09-29 Thread Roman P. Storzer
Carrying alcohol generally doesn't create a protected class or constitutionally protected activity, communion or kosher wine notwithstanding. On the other hand, all of the examples listed below do (Buddha necklace, Sikh garb, etc.) and create important competing values. This seems akin to the

Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol

2006-09-29 Thread Paul Finkelman
I had assumed that this was not an open container issue. Rather, I imagine someone getting off a plane from California with a box of wine or someone getting off an international flight with liquor or wine from duty free (or special Kosher wine) in an obvious bottle, box, bag, ec. I assume ALL

Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol

2006-09-29 Thread Sanford Levinson
Title: Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol I confess I'm with Paul on this one. As someone who has often taught professional responsibility, I've defended the cab rank rule. To put it mildly, it is disconcerting to be told that the cab rank rule doesn't

RE: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol

2006-09-29 Thread Volokh, Eugene
Title: Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol Sandy: I still wonder why this isn't just assuming the conclusion. One could equally well say that unemployment beneficiaries must take any job for which they're qualified, end of story, having been granted

RE: Locke v. Davey Analysis

2006-09-29 Thread Tepker, Rick
Locke is a mystery to me. It seems to be a triumph of Chief Justice Rehnquist's quest for a wide deference in the name of states' rights. On the other hand,WHR's analysis of discrimination is impossible to support. He seems to say that discrimination (a plain and open disparate treatment) is

PA SUPREME COURT DECISION OF 9/27/2006

2006-09-29 Thread Stanley M Shepp
A copy of my statement to the Press. Re: PA SUPREME COURT DECISION OF 9/27/2006 The York Daily Record headline of Nov. 19, 2003, said it best A Fight Kaylynne Can't Win. If Kaylynne couldnt win this fight, then neither could I. This custody case should have been settled in mediation

Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol

2006-09-29 Thread Sanford Levinson
Title: Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol I actually agree with much of the thrust of Eugene's post with regard to putting one's thumb on the side of granting accommodations, whether or not they are constitutionally divided. (Thus I believe that the

RE: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol

2006-09-29 Thread Volokh, Eugene
Title: Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol I appreciate Sandy's thoughtful and gracious response, and I understand the appeal to history and tradition. Yet wouldn't many religious accommodations involve some departures from history? It sounds like a pretty

Re: FW: 75% of Minneapolis airport taxis refuse customers with alcohol

2006-09-29 Thread Will Linden
On Fri, 29 Sep 2006, Paul Finkelman wrote: Sounds like Plessy v. Ferguson to me. Separate but equal cabs. No way. How far are we willing to take this: what if they say they won't carry people who wear a cross a necklace with the Buddha (a pagan symbol for a devout Muslim); what about a

RE: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol

2006-09-29 Thread Paul Finkelman
we should not force someone to take a job if they must break religious beliefs, that is too coercive; but surely we cannot run a society if people who have an obligation to do a job (pick up fares) refuse to do that job. COnsider this. What if all 75% of the Muslim cabbies took this position, and

RE: FW: 75% of Minneapolis airport taxis refuse customerswithalco hol

2006-09-29 Thread Paul Finkelman
Again, the employement compesation is different; this is about a duty of common carriers to accept all people. Moreover, it opens too many other exceptions -- pagan symbols, race mixing (Bob Jones Cab Co. won't pick up mixed race couples); I think we all think of many examples of how very