Fwd: Becket Remembers Michael Novak: Author, Philosopher and Defender of Religious Liberty

2017-02-17 Thread Mark Scarberry
-- Forwarded message - From: Becket Media Date: Fri, Feb 17, 2017 at 10:40 AM Subject: Becket Remembers Michael Novak: Author, Philosopher and Defender of Religious Liberty To: Statement *FOR IMMEDIATE RELEASE:* February 17,

Article on Hosanna-Tabor

2016-09-07 Thread Mark Scarberry
List members may be interested in this article by Chip Lupu and Bob Tuttle: The Mystery of Unanimity in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC

Re: Noteworthy, puzzling scholars' brief in Arlene Flowers

2016-10-12 Thread Mark Scarberry
Outside of this context (in the context of licensing) and before these kinds of issues arose, I argued that flower arranging, even by a grocery store employee, is speech for 1st Amendment purposes, because the florist is trying to create something beautiful and perhaps something that will

Re: Hostility vs. feeling that certain people shouldn't marry each other

2016-10-12 Thread Mark Scarberry
And treatment of disapproval of same sex marriage as pernicious is counter to the assurances of respect in Obergefel. It treats those assurances as window-dressing, which I imagine many list members consider them to be. Mark Scarberry Pepperdine University School of Law

AALS Law & Religion Section excellence award

2017-03-31 Thread Mark Scarberry
Professors Hamoudi and Wilson wanted me to post this announcement to the religionlaw list. If you are a member of the AALS Law and Religion Section, you should already have gotten this announcement. Note that nominations of papers can be made by any faculty member at an AALS member law school, not

April 8 Pepperdine Law Review Symposium on the U.S. Supreme Court: Politics and Reform

2017-03-31 Thread Mark Scarberry
If you are on the conlawprof list you will already have gotten this announcement; sorry about the duplication. It seems to me that it may be of interest to some members of this list who aren't on the conlawprof list. Please consider attending the symposium (if you're in the area) or watching it

Re: State-sanctioned church "police force"

2017-04-12 Thread Mark Scarberry
It could be helpful to learn just what powers the church police force would have that private security guards would not. I don't know much about what a private security guard might do (in general, or in particular under Alabama law). May a private security guard detain a trespasser or vandal (for

Re: Trinity Lutheran and the ERISA cases - Do Churches Want Special Treatment or Not?

2017-04-22 Thread Mark Scarberry
Originalism needs to be applied in context in light of underlying principles and entrenched nonoriginalist doctrine. No one would have thought in 1868 that the Establishment Clause would be given its current expansive reading, as applied to the states; it now places very substantial limits on a

Re: Re-upping: Sterling: A helpful test case on RFRA burdens

2017-04-26 Thread Mark Scarberry
I would like to know whether her superior allowed or would have allowed other secular messages to be posted, like "Be a positive thinker!" or even "My daughter is the best!" Perhaps the burden should be on the military to show that other messages would have been treated the same. We are told

Re: Trinity Lutheran and the ERISA cases - Do Churches Want Special Treatment or Not?

2017-04-21 Thread Mark Scarberry
One question is what to do when governments at all levels control more and more resource allocations (far more I think than Madison could have expected). Programs that target religious institutions for particular affirmative benefits still should be highly suspect. Programs that deny equal