I have a question for those of you who are familiar with early modern, e.g.
16th and 17th century, debates over religious toleration. Do you know of
any writers that used the story of Gamaliel as a justification for
toleration. In the NT, Gamaliel is a Pharisee who argues against the
persecution
According to the story below, NY has decided to nix its Kosher inspectors as
a way of spending money. Does anyone know the details (and citation) for
the 2004 case mentioned in the article? Also, I am wondering what precisely
the inspectors after the decision. Finally, does anyone know why the
On Mon, Jan 3, 2011 at 9:35 PM, hamilto...@aol.com wrote:
Point of clarification--So genital mutilation is culturally Islamic as
opposed to theologically Islamic?
FMG is not practiced by the vast majority of Muslims and there is nothing in
traditional Islamic law that supports it. My
I think it important to publicly identify criminal and tortious behavior
with the religious tradition on which it rests. Otherwise, we are
catering to the American societal instinct to whitewash religion to protect
it from its darker corners.
I agree with you in the abstract. You will
I agree with what Steven says here, but with some additions. First,
generally foreign law is treated as a question of fact rather than a
question of law. This means that the courts don't make their own
independent judgment about the content of UK law or the like but are
supposed to take evidence
It seems difficult to find an equal protection violation if the Court is
merely enforcing the contract. It seems to me that a more likely
constitutional objection would be that the contract cannot be enforced
without running afoul of the neutral principles doctrine. Can a court make
a decision
Eugene,
In your mind does the constitutional difficulty arise from the court
choosing a Muslim arbitrator under the contract or from the enforcement of a
contract involving religious terms? Suppose, for example, that the parties
had -- pursuant to the contract -- chosen Muslim arbitrators, who
I’m no great fan of the more expansive readings of Shelly.
But when a government actor is deciding who gets a particular (lucrative)
position based on that person’s religion, it seems to me that state action
is eminently present, or more specifically that the government actor is
On Mon, Jan 3, 2011 at 7:39 PM, hamilto...@aol.com wrote:
Isn't the answer to this question, Eric, that there is no single Sharia
law? Interpretation of Sharia law requires a court to pick and choose
between Sharia doctrines. It is not terribly different from the wide
variety of Christian
First, I assume as a matter of contract law that any obligations arising
out of such agreements that involve otherwise illegal conduct are void. So
genital mutilation, trading of girls as wives (or simply for procreation),
aiding polygamy, covering up child abuse when it is required to be
well chosen examples from the popular press, courts
ought to understand how it gets used in the context of the contract and
transactions they are called on to adjudicate.
Marci
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-Original Message-
From: Nathan Oman nate.o...@gmail.com
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If you step back from the concrete arguments over accommodation or
discrimination claims, I wonder if we have any set of coherent narratives to
tell about the relationship between law, religion, and commercial activity.
It seems to me that when we talk about the relationship between religion
and
I tried to find a copy of the complaint online. Has anyone seen it? To
second Mr. Stern's suggestion, when I was in practice we successfully sued
the Wisconsin prison system for failing to accomodate Halal diets for
prisoners. The claim looked dead under Smith, but the prison system was
already
to suggest that they get some sort of free pass on the basic commitments of
philosophical liberalism, given that they are much more likely to persuade
those who disagree with them by appeals to liberalism than by attacks upon it.
NBO
--
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Nathan Oman
It is a misleading
--
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Nathan Oman
It is a misleading cult that teaches that the remedy of our ills is to have
the law give over, once and for all, the strivings of the centuries for a
rational coherence, and sink back in utter weariness to a justice that is the
flickering reflection
.
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Nathan Oman
www.concurringopions.com
www.timesandseasons.org
It is a misleading cult
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except, perhaps, in Louisiana and all or part of
Missouri, Iowa, North Dakota, Texas, South Dakota, New Mexico, Nebraska, Kansas,
Wyoming, Minnesota, Oklahoma, Colorado and Montana.
Art
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In the Pledge case, it is progressives who are opposing such
coerced oaths of allegiance. But for too many people on both sides, it
will always be about whose ox is gored.
At 03:34 PM 4/7/2004 -0400, Nathan Oman wrote:
This is interesting to me because it is an example of the civil
Greetings,
I actually am sympathetic to Professor Laycock's solution. It seems
to me that the problems of marriage (at least in our legal tradition)
were created by Henry VIII, when the ecclesiastical courts were made into
an arm of the state. It makes sense to give marriage back to the
churches
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