Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-13 Thread Rick Duncan
Brownstein aebrownst...@ucdavis.edu To: Rick Duncan nebraskalawp...@yahoo.com; Law Religion issues for Law Academics religionlaw@lists.ucla.edu Sent: Friday, December 13, 2013 4:32 PM Subject: RE: Satanists want statue beside Ten Commandments monumentat Oklahoma Legislature

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-13 Thread Rick Duncan
for Law Academics religionlaw@lists.ucla.edu Sent: Friday, December 13, 2013 4:32 PM Subject: RE: Satanists want statue beside Ten Commandments monumentat Oklahoma Legislature Wow! Allowing local groups with longstanding ties to the community preferential access

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-13 Thread Rick Duncan
for Law Academics religionlaw@lists.ucla.edu; Alan Brownstein aebrownst...@ucdavis.edu Sent: Friday, December 13, 2013 8:36 PM Subject: RE: Satanists want statue beside Ten Commandments monumentat Oklahoma Legislature     I’m not Alan, but I would think

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-12 Thread Douglas Laycock
want statue beside Ten Commandments monument at Oklahoma Legislature I think Doug is correct that preferential access probably triggers Allegheny and the endorsement test. But Justice O'Connor is long gone, and Allegheny is ripe for re-consideration. I suspect the endorsement test would

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-12 Thread Rick Duncan
may conclude that the purpose and effect do not endorse religion, but merely recognize the historical significance of the Ten Commandments in the local community). If this is some kind of forum for private speech--even if it is a non-public forum--Pl wins if this amounts to viewpoint

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-11 Thread Rick Duncan
I think Doug is correct that preferential access probably triggers Allegheny and the endorsement test. But Justice O'Connor is long gone, and Allegheny is ripe for re-consideration. I suspect the endorsement test would not survive re-consideration, given the current lineup on the Court.   

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Len
Cc: religionlaw@lists.ucla.edu Sent: Sunday, December 8, 2013 9:46:54 PM Subject: Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature Sunnum handles this, no? Sent from Steve's iPhone On Dec 8, 2013, at 9:43 PM, hamilto...@aol.com wrote: Inevitable

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Len
: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature Isn't there a significant difference between placing a religious monument in a public park vs placing a religious monument in a State capitol building? - Original Message - From: Steven Jamar stevenja

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Steven Jamar
statue beside Ten Commandments monument at Oklahoma Legislature Isn't there a significant difference between placing a religious monument in a public park vs placing a religious monument in a State capitol building? From: Steven Jamar stevenja...@gmail.com To: Law Religion issues

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Christopher Lund
/cf_dev/AbsByAuth.cfm?per_id=363402 _ From: Len campquest...@comcast.net To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Sent: Monday, December 9, 2013 5:31:33 AM Subject: Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature Isn't

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Douglas Laycock
434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Christopher Lund Sent: Monday, December 09, 2013 10:43 AM To: 'Law Religion issues for Law Academics' Subject: RE: Satanists want statue beside Ten Commandments monument at Oklahoma

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Marc Stern
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar Sent: Sunday, December 08, 2013 10:36 PM To: Law Religion Law List Subject: Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature A county can surely do that - but the constitutional issue is clear

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Penalver, Eduardo
To: 'Law Religion issues for Law Academics' religionlaw@lists.ucla.edumailto:religionlaw@lists.ucla.edu Subject: RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature The result and logic of Summum make sense to me, but I’ve been a little bothered by how far it’s gone

Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Joel Sogol
Satanists want statue beside Ten Commandments monument at Oklahoma Legislature http://usnews.nbcnews.com/_news/2013/12/08/21820518-satanists-want-statue-be side-ten-commandments-monument-at-oklahoma-legislature?lite Joel L. Sogol Attorney at Law 811 21st Ave. Tuscaloosa, Alabama

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Levinson, Sanford V
Prediction: They won't get it!! sandy From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Joel Sogol Sent: Sunday, December 08, 2013 9:22 PM To: Religionlaw Subject: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread hamilton02
religionlaw@lists.ucla.edu Sent: Sun, Dec 8, 2013 9:24 pm Subject: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature Satanists want statue beside Ten Commandments monument at Oklahoma Legislature http://usnews.nbcnews.com/_news/2013/12/08/21820518-satanists-want-statue

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Steven Jamar
-0215 http://sol-reform.com -Original Message- From: Joel Sogol jlsa...@wwisp.com To: Religionlaw religionlaw@lists.ucla.edu Sent: Sun, Dec 8, 2013 9:24 pm Subject: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature Satanists want statue

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Douglas Laycock
Doesn't sound like anyone involved has read Summum -- not the Satanists, not the legislator, and not the ACLU. On Sun, 8 Dec 2013 20:22:14 -0600 Joel Sogol jlsa...@wwisp.com wrote: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature http://usnews.nbcnews.com/_news

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Finkelman, Paul
Commandments monument at Oklahoma Legislature Satanists want statue beside Ten Commandments monument at Oklahoma Legislature http://usnews.nbcnews.com/_news/2013/12/08/21820518-satanists-want-statue-beside-ten-commandments-monument-at-oklahoma-legislature?lite Joel L. Sogol Attorney at Law 811

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Marc Stern
True enough: but American Humanist Society recently persuaded a Florida county to put up theirmonument as a counter to a Ten Commandments display. Marc - Original Message - From: Douglas Laycock [mailto:dlayc...@virginia.edu] Sent: Sunday, December 08, 2013 09:47 PM To: Law Religion

Religious Sect's Suit Over Ten Commandments Monument Dismissed

2010-06-08 Thread Joel Sogol
http://alm-editorial-us.msgfocus.com/c/1sMOqf8pe0q40kCFN Religious Sect's Suit Over Ten Commandments Monument Dismissed The Associated Press A federal judge has dismissed a lawsuit against the city of Pleasant Grove, Utah, over a monument displaying the Ten Commandments. The judge ruled

Seven Aphorisms / Ten Commandments

2008-11-11 Thread Joel Sogol
Click here: http://www.nytimes.com/2008/11/11/washington/11sect.html?em From Tiny Sect, Weighty Issue for Justices - NYTimes.com Joel L. Sogol Attorney at Law 811 21st Avenue Tuscaloosa, Alabama 35401 ph (205) 345-0966 fx (205) 345-0967 mailto:[EMAIL PROTECTED] [EMAIL PROTECTED]

What causes more religious strife: Government bodies posting the Ten Commandments, or courts ordering their removal?

2005-08-04 Thread Volokh, Eugene
If religious strife is the touchstone, then I wonder: What causes more religious strife: Government bodies posting the Ten Commandments, or courts ordering their removal? Sure, you can say that even the latter strife is caused by the initial posting -- but this just further

Re: What causes more religious strife: Government bodies posting the Ten Commandments, or courts ordering their removal?

2005-08-04 Thread Mark Tushnet
I'm a few hours behind on these postings, so apologies in advance if this point has been made: Suppose that the inquiry into strife is not a direct touchstone, in the sense that asking whether X causes religious strife is relevant to deciding whether X is constitutional. Rather -- as I think

Wieseltier on the Ten Commandments Cases

2005-03-15 Thread Marty Lederman
A terrific essay in the New Republic: http://www.tnr.com/doc.mhtml?i=20050321s=diarist032105 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see

RE: Ten Commandments: My Prediction

2005-03-07 Thread Newsom Michael
Subject: RE: Ten Commandments: My Prediction I define discrimination against religion as treating people or organizations worse because they are religious. (I don't think anything I have said suggests that discrimination means denying [a group] permission to do something that it wants to do

Ten Commandments Cases

2005-03-05 Thread Marty Lederman
Jack Balkin's prediction: http://balkin.blogspot.com/2005/03/my-prediction-on-ten-commandments-case.html ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu

RE: Ten Commandments: My Prediction

2005-03-05 Thread Volokh, Eugene
iginal Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Newsom MichaelSent: Friday, March 04, 2005 1:53 PMTo: Law Religion issues for Law AcademicsSubject: RE: Ten Commandments: My Prediction The cases you refer to dont capture the social realit

RE: Ten Commandments

2005-03-03 Thread A.E. Brownstein
I appreciate Mark's thoughtful post -- both for its substance and its tone. I think his post raises two issues -- 1. What is the social meaning of the display of the Ten Commandments? and 2. Is this a social meaning that the state is permitted to promote or endorse? As to the first, I recognize

Re: Ten Commandments

2005-03-02 Thread Hamilton02
Moses is one of the figures in the Supreme Court. Of the Ten Commandments, though, only 2 are included-- the prohibitions on murder and adultery. The I-X on the front panel is the Bill of Rights, not the Ten Commandments. Steve Jamar wrote: plus Moses is on the mural in the Supreme

Re: Ten Commandments

2005-03-02 Thread Paul Finkelman
Even if that is true, to only put the Ten C. is historically inaccurate and to claim it is "historical" is pretextual. Put up a monument with great law givers from history and Moses gets in there (not the Ten C. however); but he would be one of many. If you put up the 10 C alone then you have

Re: Ten Commandments

2005-03-02 Thread Steven Jamar
Just to make clear where I stand, again. I think the display of the 10 commandments is a violation of the establishment clause. Period. I was responding to the question about predicting what the Court might do by in part sketching a way in which the Court might do it and justify itself in doing

Re: Ten Commandments

2005-03-02 Thread Steven Jamar
On Wednesday, March 2, 2005, at 08:39 AM, Paul Finkelman wrote: Even if that is true, to only put  the Ten C. is historically inaccurate and to claim it is historical is pretextual.  Of course it is. But my point was, again, that the Court could well do exactly that no matter how much you

Re: Ten Commandments

2005-03-02 Thread Lupu
Commandments (like Roy Moore's in Alabama, and those in Kentcuky) are unconstitutional. The beauty of this time-anchored solution (which will be counterintuitive to many lawyers) is that most of the existing Ten Commandments displays (Jay Sekulow says there are over 4000 of them on public property

Re: Ten Commandments

2005-03-02 Thread Alan Leigh Armstrong
Title: Re: Ten Commandments If it is going to be historical, perhaps the representation should be as in Exodus 32:15. Written on both sides of two tablets and probably in Hebrew. Alan Law Office of Alan Leigh Armstrong Serving the Family and Small Business Since 1984 18652 Florida St., Suite

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/1/2005 6:26:28 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I hesitate to ask this, but does anyone on the list genuinely think that either of the displays in these cases is constututional? Of course both displays are constitutional. After listening to oral

Re: Ten Commandments

2005-03-02 Thread Hamilton02
Jim-- I don't know what docent you are talking to, but the Court's historian took me on a personal tour andexplained to me atsome lengththat the tablets in the front are not the ten commandments, but rather the "Bill of Rights," by which he meant the first ten amendments, of

Re: Ten Commandments

2005-03-02 Thread Steven Jamar
is the Bill of Rights, not the Ten Commandments. This is patent nonsense, and it was supercilliously silly of Justice Stevens to make the assertion today.   Why is it nonsense?   You, and he, say that it represents the Bill of Rights.  I have a copy of the Bill of Rights.  The Bill of Rights

RE: Ten Commandments

2005-03-02 Thread Jeffrey Zack
. Hendersons own proof would seem to contradict him. Jeff From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar Sent: Wednesday, March 02, 2005 12:52 PM To: Law Religion issues for Law Academics Subject: Re: Ten Commandments The bill of rights refers in common

RE: Ten Commandments

2005-03-02 Thread Douglas Laycock
on the front panel is the Bill of Rights, not the Ten Commandments. This is patent nonsense, and it was supercilliously silly of Justice Stevens to make the assertion today. Why is it nonsense? You, and he, say that it represents the Bill of Rights. I have a copy of the Bill

Re: Ten Commandments: My Prediction

2005-03-02 Thread A.E. Brownstein
with European views about displays of the Ten Commandments, and those seem to control the meaning of the US Constitution.63c726.jpg Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 Red State Lawblog: www.redstatelaw.blogspot.com When

Re: Ten Commandments: My Prediction

2005-03-02 Thread Francisco Martin
: Ten Commandments: My Prediction I think there is a difference between control and having a decent respect to the opinions of mankind which some of the framers seemed to think was important in 1776. Alan Brownstein UC Davis At 10:08 PM 3/1/2005 -0800, you wrote: It's a little hard

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 12:55:57 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Mr. Henderson, what were the other two articles? Article the First sets the number of representatives to at one for every thirty thousand until there is attained a total of 100 representatives, etc., etc.

Re: Ten Commandments: My Prediction

2005-03-02 Thread Richard Dougherty
was important in 1776. Alan Brownstein UC Davis At 10:08 PM 3/1/2005 -0800, you wrote: It's a little hard to predict because I am not familiar with European views about displays of the Ten Commandments, and those seem to control the meaning of the US Constitution.63c726.jpg Rick Duncan

Re: Ten Commandments

2005-03-02 Thread Steven Jamar
Those articles are not part of the bill of rights. On Wednesday, March 2, 2005, at 02:36 PM, [EMAIL PROTECTED] wrote: In a message dated 3/2/2005 12:55:57 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Mr. Henderson, what were  the other two articles? Article the First sets the number of

Re: Ten Commandments: My Prediction

2005-03-02 Thread A.E. Brownstein
Date: 3/2/2005 2:16:03 PM Subject: Re: Ten Commandments: My Prediction I think there is a difference between control and having a decent respect to the opinions of mankind which some of the framers seemed to think was important in 1776. Alan Brownstein UC Davis At 10:08 PM 3/1/2005 -0800

Re: Ten Commandments

2005-03-02 Thread Brian Landsberg
For a narrative and pictorial explanation of the display of the bill of rights, see http://www.oyez.org/oyez/tour/frieze-east-from-courtroom-entry. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get

Re: Ten Commandments

2005-03-02 Thread Christine A Corcos
) Sent by:Subject: Re: Ten Commandments [EMAIL PROTECTED

Re: Ten Commandments: My Prediction

2005-03-02 Thread Steven Jamar
US law on establishment is decidedly different from that of most of the world. Indeed, most states do not have a prohibition on establishment, just a guarantee of free exercise. I do not think that the US needs to have establishment law as it does to preserve religious freedom, but as it has

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 12:45:13 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I don't know what docent you are talking to, but the Court's historian took me on a personal tour andexplained to me atsome lengththat the tablets in the front are not the ten commandments, but rather

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 12:45:13 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I don't know what docent you are talking to, but the Court's historian took me on a personal tour andexplained to me atsome lengththat the tablets in the front are not the ten commandments, but rather

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 1:11:12 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Not only that, but if you click on Mr. Hendersons link, and then Read transcript, followed by clicking the link to Amendments 11-27, it eventually notes that Constitutional Amendments 1-10 make up what is

Re: Ten Commandments

2005-03-02 Thread Hamilton02
Thank you, Gene, for your usual levelheadedness. Jim, I think the link that was provided to the Supreme Court will make it clear what was intended by the Court. You, of course, may have your viewpoint. Marci ___ To post, send message to

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 2:45:42 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Those articles are not part of the bill of rights. Professor Jamar, I am prepared to read and weigh an argument justifying the assertion. But the bare assertion is not sufficient. I don't dispute Doug

Re: Ten Commandments

2005-03-02 Thread Ed Brayton
are not the ten commandments, but rather the "Bill of Rights," by which he meant the first ten amendments, of course.It is quite clear that Moses is on the right with 2 Commandments, not ten. It would make no sense for the Ten Commandmentsto appear twice on the friezes, given no other enti

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 3:25:53 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Jim, I think the link that was provided to the Supreme Court will make it clear what was intended by the Court. Well, to the contrary, and I thinkthe discussion of these issues is related to how we

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 3:35:48 PM Eastern Standard Time, [EMAIL PROTECTED] writes: If I'm reading Mr. Henderson correctly, he is actually arguing that the artist who carved them is wrong about what they represent? If the artist who carved the frieze isn't the authoritative source on what

Re: Ten Commandments

2005-03-02 Thread Ed Brayton
that evolving notions of decency require. What is intended by the dog-goned guy (gal) who crafted the matter in dispute. Jim, to be blunt, you're just not making much sense here. You appear to have spent the last hour arguing that the tablets on the frieze represent the Ten Commandments. Now you're saying

Re: Ten Commandments

2005-03-02 Thread Rick Duncan
MSNBC has just published a somewhat detailed account of the oral arguments. I link to it here. RickRick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902Red State Lawblog: www.redstatelaw.blogspot.com"When the Round Table is broken every man must follow

Re: Ten Commandments

2005-03-02 Thread Steven Jamar
You think that at any time in the 20th century the term Bill of Rights referred to 12 articles instead of the first 10 ratified amendments? Let me see the history to prove that assertion. Your assertion on this list is the first time I have ever heard the US Bill of Rights as other than the

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 3:52:54 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Jim, to be blunt, you're just not making much sense here. You appear to have spent the last hour arguing that the tablets on the frieze represent the Ten Commandments. I realize that foolish consistency

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 3:55:18 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Jim, you are just wrong on this one in terms of what the "Bill of Rights" means. Enough already, and no more. The term "Bill of Rights" means precisely whatever Humpty Dumpty says it means. After all, he

Re: Ten Commandments

2005-03-02 Thread A.E. Brownstein
. Alan Brownstein UC Davis At 06:25 PM 3/1/2005 -0500, you wrote: The Pew Forum has posted the trancscript of their recent event with Doug Laycock and Jay Sekulow on tomorrow's two Ten Commandments cases: http://pewforum.org/events/index.php?EventID=69http://pewforum.org/events/index.php?EventID=69

Re: Ten Commandments

2005-03-02 Thread Ed Brayton
[EMAIL PROTECTED] wrote: In a message dated 3/2/2005 3:52:54 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Jim, to be blunt, you're just not making much sense here. You appear to have spent the last hour arguing that the tablets on the frieze represent the Ten

Re: Ten Commandments

2005-03-02 Thread Ed Brayton
Let me add one thing to my last reply. I would agree that where we have a very clear understanding of the intent of the framers, we should certainly refer there first in terms of constitutional interpretation. I just don't think it's nearly as simple an application as many people pretend, nor

Re: Ten Commandments

2005-03-02 Thread Francisco Martin
M Subject: Re: Ten Commandments In a message dated 3/2/2005 4:15:36 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Given that he is willing to leave it to the majority's discretion to determine whether the religious liberty of minorities should be protected against government interference fr

Re: Ten Commandments: My Prediction

2005-03-02 Thread Richard Dougherty
Alan: I think this would be appropriate in a document like the Declaration of Independence, but not in every court decision that is handed down; doesn't it suffice to know that we have different laws, and that's why we have different results? The claim of the Declaration, though, is a

RE: Ten Commandments: My Prediction

2005-03-02 Thread Berg, Thomas C.
of religion (by which I assume he includes 10 Commandments displays). (1) The MSNBC site that someone linked to earlier reports that [a]n AP-Ipsos poll taken in late February found 76 percent [of Americans] supportive of and 23 percent opposed to Ten Commandments displays ( http

Re: Ten Commandments: My Prediction

2005-03-02 Thread Steven Jamar
Ok, but I've not seen Catholics or Jews or Muslims pushing for: prayers starting school prayers at football games using religious arguments as superior to positive law young-earther anti-evolution creationism creches I do not recall seeing any Catholics or Jews pushing this as part of their

RE: Ten Commandments: My Prediction

2005-03-02 Thread Newsom Michael
, in effect, in some common school religion cases. But exceptions tend to prove the rule, somebody once said.) On a different matter, I predict that the Ten Commandments cases will be decided by OConnor, Breyer, and Kennedy. I predict that Souter, Ginsburg and Stevens will say that both displays violate

RE: Ten Commandments

2005-03-02 Thread Newsom Michael
With all due respect, Mark, I don't know if the principles of the Declaration support the display of the Ten Commandments. But I do agree that the question is an important one. -Original Message- From: Scarberry, Mark [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 02, 2005 7:24 PM

Re: Ten Commandments

2005-03-02 Thread Paul Finkelman
it. Here is the cite and title: The Ten Commandments on the Courthouse Lawn and Elsewhere, 73 Fordham L. Rev. 1477-1520 (2005). -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74105 918-631-3706 (voice) 918-631-2194 (fax

Re: Ten Commandments

2005-03-02 Thread Ed Darrell
What federal building in Washington has something that would need to be sandblasted off? I spent a decade looking, and didn't find anything. Ed Darrell Dallas (now)[EMAIL PROTECTED] wrote: In a message dated 3/1/2005 6:26:28 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I hesitate to

Ten Commandments

2005-03-01 Thread Marty Lederman
The Pew Forum has posted the trancscript of their recent "event" with Doug Laycock and Jay Sekulow on tomorrow's two Ten Commandments cases: http://pewforum.org/events/index.php?EventID=69 I haven't read through the whole thing, but Doug's opening presentation is terrific --

Re: Ten Commandments

2005-03-01 Thread Steven Jamar
I think the Court could dividedly say that the 10 Commandments are part of our juridical heritage and we use history and tradition to justify some things and we have no coercion here and some accommodation could creep in, and state sponsorship is attenuated; plus Moses is on the mural in the

Re: Ten Commandments

2005-03-01 Thread Richard Dougherty
I hesitate to ask this, but does anyone on the list genuinely think that either of the displays in these cases is constututional? Marty: Do you mean are they constitutional, or will they pass muster with the current Court's understanding of what is consitutional? Those can be very different

Re: Ten Commandments

2005-03-01 Thread Marty Lederman
issues for Law Academics religionlaw@lists.ucla.edu Sent: Tuesday, March 01, 2005 9:12 PM Subject: Re: Ten Commandments I hesitate to ask this, but does anyone on the list genuinely think that either of the displays in these cases is constututional? Marty: Do you mean are they constitutional

Re: Ten Commandments

2005-03-01 Thread ArtSpitzer
displays constitutional; Justice O'Connor will split the baby, holding that Ten Commandments displays are simply cultural icons in Red counties, but that they are endorsements of religion in Blue counties, and everyone will be happy except people who are living in the wrong color. Art Spitzer ACLU

Re: Ten Commandments

2005-03-01 Thread Paul Finkelman
Since the court has NEVER cited the 10 C or hte Bible as legal authority for anything, I am curious how it can be part of our judicial heritage? Steven Jamar wrote: I think the Court could dividedly say that the 10 Commandments are part of our juridical heritage and we use history and

RE: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-23 Thread Newsom Michael
, 2004 10:51 PM To: Law Religion issues for Law Academics Subject: Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system? ... Lincoln resurrected the promise of the D of I at Gettysburg and in his five years as President

Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-23 Thread Paul Finkelman
Subject: Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system? ... Lincoln resurrected the promise of the D of I at Gettysburg and in his five years as President. ... ___ To post, send message to Religionlaw@lists.ucla.edu

RE: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-23 Thread Newsom Michael
Subject: Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system? I suspect that Lincoln's extremely complicated views on race, and his actual policies towards blacks are well beyond the scope of this list serve. I will simply point out that Lincoln was the first president

Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-23 Thread Paul Finkelman
, for example. Lincoln had little to nothing to do with the real defenders of racial justice in America. -Original Message- From: Paul Finkelman [mailto:[EMAIL PROTECTED] Sent: Thursday, December 23, 2004 3:37 PM To: Law Religion issues for Law Academics Subject: Re: Are the Ten Commandments

Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-23 Thread JMHACLJ
In a message dated 12/23/2004 2:13:41 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Paul, you give Lincoln far too much credit, I fear. Take a look at his relations with African-Americans, his condescension, and worse. On the subject of race, he was a bad man, pure and simple. Lincoln was

Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-22 Thread Paul Finkelman
lto:[EMAIL PROTECTED]] On Behalf Of Paul Finkelman Sent: Monday, December 20, 2004 7:51 PM To: Law Religion issues for Law Academics Subject: Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system? Ok, I think I now understand Eugene's point. I also disagree with him on what

Re: Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-21 Thread Ross S. Heckmann
on to the Ten Commandments and then ascribe them as the moral foundation of American law. Go read them and see what is there. The 10 C ban graven images (or sculpted images) of birds, fish, elephants and angels, now is that part of the moral foundation of law? [Heckmann responds: It has been

Re: Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-21 Thread Ross S. Heckmann
My response is below in square brackets. Very truly yours, Ross S. Heckmann Attorney at Law Arcadia, California In a message dated 12/18/2004 4:52:01 PM Eastern Standard Time, [EMAIL PROTECTED] writes: They would maintain that The Ten Commandments embody in uncorrupted form

RE: Re: Are the Ten Commandments the foundation of theAnglo-American legal system?

2004-12-21 Thread Volokh, Eugene
Academics Subject: Re: Re: Are the Ten Commandments the foundation of theAnglo-American legal system? My response is interspersed below in square brackets. Very truly yours, Ross S. Heckmann Attorney at Law Arcadia, California Eugene: Sure the three things you mention

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-20 Thread Steven Green
For those who are interested in this issue, I have written an amicus brief for the McCreary case (with the valuable assistance of Paul Finkelman) that argues against a close connection between American law and the 10 Commandments. If you would seriously consider signing on to such a brief (on

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-20 Thread Paul Finkelman
Commandments have influenced American law. See McGowan v. Maryland, 366 U.S. at 462. The influence of the Ten Commandments on our laws goes far deeper than the body of American law itself. The most important influence of the Ten Commandments concerns the nature of God and its impact on human

Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread JMHACLJ
Chief Justice Moore put up the Ten Commandments monument in Alabama because he claimed there was a high law which he had to obey. That may his personal theology, but it not the basis of our law. When did the state constitutional provisions adopting the common law of England, as it existed

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread JMHACLJ
building. If the docent does not proffer an explanation, inquire about those tables, centered over the Chief's head, that are numbered from 1 through 10: "Are those the Ten Commandments?" If you do, this is the reply you will get: "Actually, although numbered 1 through 10, those tabl

Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread paul-finkelman
Jim writes: The Declaration, on the other hand, demonstrates why Englishman everywhere, even in colonial lands, are not subject to denial of representation, etc. So, what does the Ten Commandments have to do with representation? Nothing of course. That is the point. Paul F. Paul

RE: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-18 Thread paul-finkelman
and established Church, an official religion, and the assumption that 'God' made laws. I responded that (1) other principles such as no killing, stealing, defaming, battering, etc. (including both those mentioned in the Ten Commandments and those not so mentioned) -- are a far more important part

Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread JMHACLJ
In a message dated 12/18/2004 9:47:56 AM Eastern Standard Time, [EMAIL PROTECTED] writes: The Declaration, on the other hand, demonstrates why Englishman everywhere, even in colonial lands, are not subject to denial of representation, etc. So, what does the Ten Commandments have to do

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread Ed Brayton
Richard Dougherty wrote: My question is a simple one, I think: regardless of the facts of this case, do you think it is unconstitutional to teach the Declaration of Independence -- that is, not as a historical document, but as if it were true, and that it is legitimate to tell students that it

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread RJLipkin
as the groundwork of morality in American society is undercut. The claim that morality derives from and is justified bythe Ten Commandments, or some other Judeo-Christiantext cannot be sustained if anthropology reveals that prior secular societies or priornon-Judeo-Christian societies had the same

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread RJLipkin
In a message dated 12/18/2004 3:51:16 PM Eastern Standard Time, [EMAIL PROTECTED] writes: But, as you know, there are many whochallenge the inalienability and self-evidence of rights precisely on thegrounds that if rights have these non-material properties Why are "inalienability"

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread Ed Brayton
Francis Beckwith wrote: The declaration says three things about rights: 1. That they are self-evident 2. That they are inalienable 3. That they have divine source So, Ed seems to be suggesting that we jettison teaching the third because there is no principled way to teach it with out implying the

Re: Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread Ross S. Heckmann
the same ethical principles have been written upon every person's conscience. They would account for cross-cultural differences through individual and societal corruption. They would maintain that The Ten Commandments embody in uncorrupted form what was originally written on the conscience of each

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