Sorry for cross-posting (conlawprof, religionlaw), not sure which list would
have first claim to being the sole object of this message.
From http://www.law.com/jsp/article.jsp?id=1202463198055, which takes the
article from the Legal Intelligencer (of Phila). Here's the
Headline, the first
Freedom From Religion Foundation v.
Geithnerhttp://taxandaccounting.bna.com/btac/display/link_res.adp?fedfid=17213131fname=a0c3e7w1p4vname=dtrnot
(E.D. Cal. No. 2:09-2894 WBS DAD May 21, 2010)
At http://www.scribd.com/doc/31795117/FFRF-v-Geithner-5-10
Freedom From Religion Foundation, Inc.
Academics
Subject: RE: Another One to Watch
I have trouble figuring out what a trial will look like.
Marc Stern
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of James Maule
Sent: Tuesday, May 25, 2010 10:06 AM
Pepperdine
From: religionlaw-boun...@lists.ucla.edu on behalf of James Maule
Sent: Tue 5/25/2010 7:39 AM
To: Law Religion issues for Law Academics
Subject: RE: Another One to Watch
Under the circumstances, the facts may end up being stipulated, fully, and
surely
a trial will look like.
Marc Stern
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of James Maule
Sent: Tuesday, May 25, 2010 10:06 AM
To: conlawp...@lists.ucla.edu; Law Religionissues for Law Academics
Subject: Another One to Watch
Freedom
Stolen/vandalized
http://www.cnn.com/2010/CRIME/05/11/mojave.cross.stolen/index.html?hpt=T1
Mojave cross at center of court fight reported stolen
___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get
Patrick Sternal
James Maule wrote:
Other than that's the way it's been done, why does the state delegate its
marriage certification powers? It's not done that way, for example, in France
(everyone goes to the town hall and is married by a public official; some then
go to a church or wherever and I
Excerpts from http://www.philly.com/philly/news/local/36966974.html
Bucks judge approves unusual marriages
By Dianna Marder
Inquirer Staff Writer
There was good news yesterday for Jason and Jennifer O'Neill, a Philadelphia
couple whose 2005 Bucks County marriage had been thrown into question
they were really married
and that if things ever went bad, they would need a real divorce.
Quoting James Maule ma...@law.villanova.edu:
Excerpts from http://www.philly.com/philly/news/local/36966974.html
Bucks judge approves unusual marriages
By Dianna Marder
Inquirer Staff Writer
FYI, for what it's worth, perhaps of interest to someone writing about this
issue. (Haverford Township is in Delaware County, just to the west of
Philadelphia).
Jim Maule
Villanova University School of Law
From http://www.philly.com/philly/news/local/35457869.html
Selected portions:
the classrooms. He didn't say whether the Jewish teachesr were insisting
on their own view of the Establishmetn Clause, or making a claim of conscience,
but this sounds like a reasonable accomodation to me.
Quoting James Maule [EMAIL PROTECTED]:
FYI, for what it's worth, perhaps of interest to someone
I have heard two anecdotes, but know of no reported decision, involving a
similar situation in Roman Catholic canon law proceedings for an annulment. The
pattern was the same. A Roman Catholic marries a non-Catholic in a Roman
Catholic ceremony, with appropriate dispensation (which includes
FYI
Unusual civil trial reflects Episcopal divide
By David O'Reilly
Inquirer Staff Writer
Just three weeks after a church court ruled that he should be removed from
office, Episcopal Bishop Charles E. Bennison Jr. faces the start of an unusual
civil trial today that could cost the financially
I don't think the child's age or grade is mentioned, and perhaps that makes a
difference in how the facts play out. I'd assume, and perhaps in error, that
the older the child, the less the child turns to the parent. I can see this
fact situation being the dilemma presented to the parents of a
I'm surprised by God's pleading. It puts a theological issue in front of
the court, which can dismiss simply on the basis of what the jury said
when acquitting Thomas Maule of seditious libel charges arising from his
writing of a theological pamphlet: ...the matter therein contained not
cognizable
1. Is it sensible for professors to share their personal views rather
than make available to students the opinions and analyses offered on
every side of an issue by individuals who are not the professor? Unless
students are being evaluated on that view, and they ought not be (see 3,
below), why
with visualizations and others prefer to work solely with
words).
[EMAIL PROTECTED] 8/14/2007 2:15:17 PM
Questions like the one below (by James Maule) are useless, too
abstract. Thus my answer: It depends. To what views and opinions are
you alluding, specifically, since some are true and some are false
Posted on behalf of Mark Sargent, Dean of the Villanova University
School of Law
VILLANOVA UNIVERSITY SCHOOL OF LAW
JOURNAL OF CATHOLIC SOCIAL THOUGHT
The Fifth Annual Conference on Catholic Social Thought and the Law
Catholic Social
The Conference is September 21, 2007 (this year) NOT 2008.
[EMAIL PROTECTED] 3/26/2007 1:17:52 PM
Posted on behalf of Mark Sargent, Dean of the Villanova University
School of Law
VILLANOVA UNIVERSITY SCHOOL OF LAW
JOURNAL OF CATHOLIC SOCIAL
From
http://www.cnn.com/2007/EDUCATION/03/08/church.graduation.suit.ap/index.html
School district sued over graduation held in church
TRENTON, New Jersey (AP) -- The state American Civil Liberties Union
chapter is suing the Newark public school district on behalf of a Muslim
teen over a
This may be of interest to some list members who are researching,
writing or teaching in this area:
From this morning's Philadelphia Inquirer, at
http://www.philly.com/mld/philly/news/16548224.htm
Judge lets ousted priest sue in test of First Amendment
The Episcopal bishop had denied the
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
Not knowing very much about the details of bankruptcy law and the other areas
of the law mentioned in my questions, and confessing to not knowing the
specifics on the tax issue raised below, I ask:
Have there been any cases in which a parent argued (successfully or not) that
tithing trumped
Following up on Doug's post:
from
http://www.cnn.com/2006/WORLD/europe/02/10/italy.christ.ap/index.html
Did Jesus exist? Case dismissed
ROME, Italy (AP) -- An Italian judge has dismissed an atheist's
petition that a small-town priest should stand trial for asserting that
Jesus Christ existed,
From Paul Caron's TaxProfBlog
http://taxprof.typepad.com/taxprof_blog/2006/02/district_court_.html
District Court Invalidates Sales Tax Exemption for Bibles
In Budlong v. Graham, No. 1:05-CV-2910 (2/6/06), the U.S. District Court for
the Northern District of Georgia held that a Georgia law
On Dec 30, 2005, in Wesley United Methodist Church v. Dauphin County
Board of Assessment Appeals, No. 105-MAP-2004 (Pa. 12/30/05), a split
Penna. Supreme Court held that if a church proves its parking lots are
a reasonable necessity to the existence of the church itself, those lots
are entitled to
Posted on behalf of my colleague Patrick Brennan, who holds the John F.
Scarpa Chair at the Villanova University School of Law:
Villanova University School of Law is pleased to announce the first
annual John F. Scarpa Conference in Catholic Legal Studies: From John
Paul II to Benedict XVI:
From http://www.law.com/jsp/article.jsp?id=1137060315143
N.Y. Court Rejects Employers' Challenge to Contraception Law
Religious-affiliated employers faced with what they say is a morally untenable
choice of either offering prescription coverage for contraceptives, which they
oppose on
?
Thanks,
Richard Dougherty
James Maule wrote:
From http://www.law.com/jsp/article.jsp?id=1137060315143
N.Y. Court Rejects Employers' Challenge to Contraception Law
Religious-affiliated employers faced with what they say is a morally
untenable choice of either offering prescription coverage
Surely there is some history to explain why a religious marriage
ceremony is automatically considered to be a civil law marriage, even in
the absence of the status of the clergy as a civil law marriage
officiant (which is yet another issue). Is it tradition? Expediency?
Political? Efficiency?
Suppose parent A stays home to home school not only the family's five
children, but also, on three days a week, 25 children from other home
schooling families with whom there is an exchange arrangement. [I'll
leave the tax questions aside for now :-) ] Is there no recourse to
prevent the traffic,
One problem in this case, Paul, is that the school board in effect
didn't listen to anyone except representatives of two organizations
seeking a test case. The record, as explicated in the opinion, is one of
process severely lacking in full and open discussion. Several board
members testified they
The issue of lying reflected statements of fact, not theory or science or
theology. Two board members gave sworn testimony that conflicted not only with
the testimony of numerous other witnesses and other documents, but even with
their own testimony. It appears to be a by-product of some rather
seemed to be
concerned that a judge was ruling on scientifc evidence, but what James
Maule is suggesting is that there was no science brought before school
board at all.
James Maule wrote:
One problem in this case, Paul, is that the school board in effect
didn't listen to anyone except
The Defendants include the Dover Area School District (hereinafter
DASD) and Dover Area School District Board of Directors (hereinafter the
Board) (collectively Defendants). Defendant DASD is a municipal corporation
governed by a board of directors, which is the Board.
Defendants' actions in
Are indictments for perjiury waiting in the wings?
Jim Maule
[EMAIL PROTECTED] 12/20/2005 4:12:28 PM
In light of the judge's appraisal of the behavior of the Board
members, do members of the list think that punitive damages might
have been awarded against particular Board members had they
I'm beginning to see why some my students' previous educational
experience with things such as the difference betweeen there and their
(or it's and its), learning how to manage time, being able to work with
numbers, is insufficient. Time must be made to deal with other topics.
Education law ought
But beating the drum of hate leads to disasters.
True.
But what does beating the drum of love, civility, tolerance, patience
and kindness do?
Hard to tell, as however much happens doesn't seem to get as much
attention.
Maybe an equal time for love legislation?
It's not that hate speech is
I don't recall if this was previously posted, or perhaps a story about
the case in earlier stages of the proceedings had been posted. Sorry for
any duplication.
From: http://www.law.com/jsp/article.jsp?id=1132308316504
Wiccan Lawsuit May Spell Toil, Taxes and Trouble for Fla. Justices
Carl Jones
]
[mailto:[EMAIL PROTECTED] On Behalf Of James Maule
Sent: Monday, November 21, 2005 1:24 PM
To: religionlaw@lists.ucla.edu
Subject: Challenge to Sales Tax Exemption on Religious Items
I don't recall if this was previously posted, or perhaps a story about
the case in earlier stages
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
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
While watching a news report this evening on the local television
station about the intelligent design case underway about 100 miles to
the west in York, Pa., the reporter stated that a decision from the
trial judge isn't expected for several weeks but that no matter what it
is, this case has been
I don't recall any messages being posted in reply. After re-reading my
post from almost two years ago, the story came back to mind, as did the
questions. I doubt there are answers to all of the questions, but I
assume there are answers to some of them.
Perhaps your post will inspire some folks to
chooses not to
study a given subject, why should the consequences of not studying the
subject be different for a religious kid than for anyone else who didn't
study the subject?
Ed Darrell
Dallas
James Maule [EMAIL PROTECTED] wrote:
Fascinating discussion. I have several questions the answers
Is this a question of speech or a question of behavior?
Am I wrong in concluding that each person has a right to express their
religious beliefs, even if those beliefs include predictions or
convictions that all non-believers are doomed or that a particular
individual is destined to some
Posted at the request of, and on behalf of, Mark Sargent, Dean, Villanova
University School of Law
SEPTEMBER 16, 2005
Villanova UniversitySchool of Law
Journal of Catholic Social Thought
The Third Annual Symposium on
Catholic Social Thought and
Posted on behalf of Mark Sargent, Dean of the Villanova University
School of Law
CALL FOR PAPERS
An Interdisciplinary Conference
THE LEGACY OF JOHN COURTNEY MURRAY FOR LAW AND POLITICS
Sponsored by the Journal of Catholic Social Thought and Villanova
University School of Law
Friday, September
been
so easy to get?
Jim Maule
Jean Dudley [EMAIL PROTECTED] 3/17/2005 3:21:31 PM
On Wed, 16 Mar 2005 10:24:59 -0500, James Maule
[EMAIL PROTECTED] wrote:
Jean,
As you'll see from my reply to your earlier posting, the only
bristle
that I noticed was your concern that I intended
My response, matching your comments, appears throughout.
[EMAIL PROTECTED] 3/15/2005 10:54:32 PM
On Mar 15, 2005, at 2:47 PM, James Maule wrote:
Though I am proposing a shift away from marriage as a civil right
(and
its replacement with something else), I am not proposing a shift
away
from
Civil birth registration and baptisms/christenings are separate. So,
too, are death registrations and funerals/memorial services. Why not
separation of marriage and whatever one wants to call state sanctioning
of pairing?
Jim Maule
[EMAIL PROTECTED] 3/15/2005 12:41:07 PM
I've heard (and made)
, James Maule wrote:
Civil birth registration and baptisms/christenings are separate. So,
too, are death registrations and funerals/memorial services. Why not
separation of marriage and whatever one wants to call state
sanctioning
of pairing?
Jim Maule
Three words: Separate but equal
of
Jean Dudley
Paul Finkelman
Jean Dudley wrote:
On Mar 15, 2005, at 1:02 PM, James Maule wrote:
Civil birth registration and baptisms/christenings are separate.
So,
too, are death registrations and funerals/memorial services. Why
not
separation of marriage and whatever one
Eugene,
Is the distinction between your hypothetical pairings one of free
speech versus free exercise or one of words versus conduct? (Flynt
writes, Glynt yells; the NAACP publishes, Operation Rescue blocks;
Schenck writes/publishes, Penck blocks).
If Glynt, Operation Rescue or Penck were to
Suppose instead of Flynt satirizing Falwell, the Rev. Llynt preaches a
sermon in his progressive church decrying the theological positions
taken by Falwell, denouncing the alleged intrusion of Falwell's theology
into politics, and characterizing Falwell as a modern-day Pharisee. The
sermon
Compare You're going to get yours some day, and it could be within the
next minute (shouted, eyes bulging, face red, fists clenched, during
law conerence disputing whether a state should permit same-gender
marriages) with You're going to burn in hell and swim with the demons
some day, and it could
OK, I see your point and it helps me refine the hypo:
1. I pray I can find someone to put an end to your annoying existence
on this planet.
2. I pray to God every night that somehow the angel of death visits
you and puts an end to your annoying existence on this planet.
Assuming that the
.
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of James Maule
Sent: Monday, March 14, 2005 5:38 PM
To: religionlaw@lists.ucla.edu
Subject: RE: Free Exercise, Free Speech, and harm to others
OK, I see your point and it helps me refine the hypo:
1. I pray I
Is the person being noble?
Jim Maule
[EMAIL PROTECTED] 2/23/2005 6:09:14 PM
Perhaps you're right; perhaps integrity isn't the right word. In some
instances, a person might be acting out of integrity precisely by
opposing
nominees who are wrong on issues of importance.
Still, what would the
Within the past few hours I received a similar message, that this is
*probably* a parody, given the nature of the site that published (or
republished) it? The folks at SAT have not yet confirmed or denied.
That's why I included Is it true? I don't know as a red flag,
expressing my doubts. My
Forwarded on behalf of Mark Sargent, Dean of Villanova Univ School of
Law.
LAW PROFESSORS' CHRISTIAN FELLOWSHIP
JOURNAL OF CATHOLIC SOCIAL THOUGHT
LUMEN CHRISTI
Taking Christian Legal Thought Seriously
San Francisco California
Hotel Monaco
501 Geary Street, San Francisco, CA 94102
8:30 a.m. -
I am posting this at the request of Mark Sargent, Dean of the Villanova
University School of Law.
Jim Maule
OCTOBER 8, 2004
VILLANOVA UNIVERSITY SCHOOL OF LAW
Journal of Catholic Social Thought
The Second Annual Symposium on Catholic Social Thought and the Law
PRINCIPLES AND PRACTICES OF
From this morning's Philadelphia Inquirer:
U.S. judge issues a mixed ruling in Quaker tax case
By Joseph A. Slobodzian
Inquirer Staff Writer
A federal judge ruled yesterday that the IRS may not impose a 50
percent tax penalty against Philadelphia's Quakers for refusing to pay a
levy on the
On behalf of Mark Sargent, Dean of Villanova Univ School of Law:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
THE SECOND ANNUAL CONFERENCE ON CATHOLIC SOCIAL THOUGHT AND
Not to quibble too much, but Augustine abandoned his mistress (if that's
the term given he wasn't married) because in order to move up in the
civil positions he held, it would not have behooved him to marry
beneath his status. Hence, he became engaged (if that's the term) to a
woman of much higher
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