RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
. From: David E. Guinn [mailto:[EMAIL PROTECTED] Sent: Sunday, January 15, 2006 9:41 PM To: Law Religion issues for Law Academics Subject: Re: Pilgrim Baptist Church You wrote: Nevertheless, even if the sort of formal neutrality rule espoused in Thomas's Mitchell plurality

RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
Doesn't Boerne answer the question posed in your second paragraph? -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Monday, January 16, 2006 11:59 AM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church Marty makes an excellent point

RE: Pilgrim Baptist Church

2006-01-17 Thread Volokh, Eugene
that Illinois is somehow ill-motivated here. Eugene -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Newsom MichaelSent: Tuesday, January 17, 2006 10:13 AMTo: Law Religion issues for Law AcademicsSubject: RE: Pilgrim Baptist Church

RE: Pilgrim Baptist Church

2006-01-17 Thread Volokh, Eugene
, 2006 10:18 AM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church Doesn't Boerne answer the question posed in your second paragraph? -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Monday, January 16, 2006 11:59 AM To: Law

RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
: Tuesday, January 17, 2006 1:26 PM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church I'm not sure I quite understand -- why would it answer that question? If I recall correctly, this issue wasn't passed on by the Court. Eugene -Original Message

RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
: Pilgrim Baptist Church I don't think Boerne can be read as even implicitly passing on this question. But if courts do end up rejecting these objections to landmarking, then my point (a response to Marty's point about neutrality) is that the same should apply to objections to government repair

RE: Pilgrim Baptist Church

2006-01-17 Thread Volokh, Eugene
Of Newsom Michael Sent: Tuesday, January 17, 2006 10:52 AM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church I don't think that your analogy holds up. It is one thing for the state to regulate, and quite another to spend money. -Original Message- From

RE: Pilgrim Baptist Church

2006-01-17 Thread Newsom Michael
on. -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Tuesday, January 17, 2006 2:24 PM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church Of course the two are in a sense different things. But they're also similar in that (1) they are both

RE: Pilgrim Baptist Church

2006-01-17 Thread Volokh, Eugene
that fact and move on. -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Tuesday, January 17, 2006 2:24 PM To: Law Religion issues for Law Academics Subject: RE: Pilgrim Baptist Church Of course the two are in a sense different things. But they're

RE: Pilgrim Baptist Church

2006-01-16 Thread Alan Brownstein
: Pilgrim Baptist Church Marty makes an excellent point here. I think (though I'm not sure that Marty does) that it would be outrageous if, when a state *does* rebuild all buildings, or help rebuild them, or provides other services short of rebuilding (e.g., taxpayer-paid internal sprinkler

Re: Pilgrim Baptist Church

2006-01-15 Thread AAsch
a message dated 1/15/2006 3:56:48 PM Pacific Standard Time, [EMAIL PROTECTED] writes: I trust that many members of the list may have heard about the tragic fire at the Pilgrim Baptist Church. The church, designed by the firm of Adler and Sullivan, started life as a major synacoge on the Sout

Re: Pilgrim Baptist Church

2006-01-15 Thread Marty Lederman
eutrality" rule espoused in Thomas's Mitchell plurality becomes the governing doctrine, as I think it will, these cases are still difficult, because there's nothing neutral, or objective, about the decision to fund the rebuilding of the Pilgrim Baptist Church. Illinois presumably does not r

Re: Pilgrim Baptist Church

2006-01-15 Thread David E. Guinn
rebuilding of the Pilgrim Baptist Church. Illinois presumably does not rebuild all buildings destroyed by fire, or all "community services" buildings, or all churches, for that matter. The decision to rebuild this particular structure is very subjective, and discretionary. I s

Re: Pilgrim Baptist Church

2006-01-15 Thread Marty Lederman
--- Original Message - From: David E. Guinn To: Law Religion issues for Law Academics Sent: Sunday, January 15, 2006 9:40 PM Subject: Re: Pilgrim Baptist Church You wrote: Nevertheless, even if the sort of "formal neutrality" rule espoused in Thoma

RE: Pilgrim Baptist Church

2006-01-15 Thread Sanford Levinson
Academics Subject: Pilgrim Baptist Church I trust that many members of the list may have heard about the tragic fire at the Pilgrim Baptist Church. The church, designed by the firm of Adler and Sullivan, started life as a major synacoge on the South side of Chicago that was eventually taken