Re: RLUIPA, was RE: Potentially Important California State Case

2004-03-01 Thread Amar D. Sarwal
How does a generally applicable, neutral law "protect those that need the most protection in this society (as opposed to one thatprovides exemptions)"? I strongly take exception to the idea thatsome one-size-fits-all approach benefits the least among us. In fact, it generally does the

Re: NRO Article

2004-03-15 Thread Amar D. Sarwal
Rather than get in a "what is science" debate with you or Leiter, I should note that law professors throw around terms like fraud at their own peril. That said, as a committed believer in the existence of an intelligent designer (that is, God), I actually thought Leiter did a good job of

Re: FYI An Interesting Case

2004-04-08 Thread Amar D. Sarwal
Thanks. As I suspected, we define discrimination differently. I believe that discrimination occurs when someone employs an illicit characteristic to modify his or her behavior in any way, including being uncooperative. - Original Message - From: A.E. Brownstein [EMAIL PROTECTED] To:

Re: Religion Clauses question

2004-06-04 Thread Amar D. Sarwal
Does your analysis (in your POV) apply with equal force to the transgendered and adult incest situations? If not, why not? - Original Message - From: Paul Finkelman [EMAIL PROTECTED] To: [EMAIL PROTECTED] Cc: 'Law Religion issues for Law Academics' [EMAIL PROTECTED] Sent: Friday, June

Re: Religion Clauses question

2004-06-04 Thread Amar D. Sarwal
three wives; or a straight women had three husbands. There may be 1st amndment arguments for allowing polygamy, but that is a different argument. Amar D. Sarwal wrote: Does your analysis (in your POV) apply with equal force to the transgendered and adult incest situations? If not, why

Re: The President and the Pope

2004-06-14 Thread Amar D. Sarwal
"It is difficult (at least for me) to find even soft (non-justiciable) reasons against such presidential conduct. This does not mean that I would hesitate to vote against a president who asked the Popeto instruct American bishops to denounce action I approve of." Just so I understand, you

Re: The President and the Pope

2004-06-14 Thread Amar D. Sarwal
But that is the dliemma discussed by the President and the Pope, so it has everything to do with the peculiar question discussed on this listserv. The position advocated by some on this listserv that the President cannot communicate with (co-)religionists about matters of faith and morals, speak

Re: The President and the Pope

2004-06-14 Thread Amar D. Sarwal
I did not force you to discuss the denial of communion aspect of the story. You did that yourself when you said: This does not mean that I would hesitate to vote against a president who asked the Pope to instruct American bishops to denounce action I approve of. The action that I approve of in

Re: The President and the Pope

2004-06-14 Thread Amar D. Sarwal
I have understood the distinction from the beginning of this thread. I was just surprised that you "approved of" Kerry violating his own Church's norms by receiving communion. Later in the thread, you made clear that you have no horse in that battle, but you mangled my position. I will

Re: The President and the Pope

2004-06-14 Thread Amar D. Sarwal
, no matter what one thinks of the propriety or constitutionality of the President's conduct. - Original Message - From: Amar D. Sarwal To: Law Religion issues for Law Academics Sent: Monday, June 14, 2004 12:38 PM Subject: Re: The President and the Pope I have understood the distinction

Re: The President and the Pope

2004-06-14 Thread Amar D. Sarwal
I would be happy with any of the below. Religion is a fact. No amount of handwringing or tsk-tsking will change that. Speaking to religious believers qua religious believers is a good thing and I am thankful that few presidents have chosen to circumscribe their speech as some here would have