RE: The Amish

2005-01-02 Thread Avi Schick
Professor Levinson I'm somewhat confused by your statement that even if the article is off by 50% with regard to the actual number of young women who are raped or otherwise abused by their fathers and, especially, brothers, it nevertheless states a powerful claim. Any abuse of the sort

Re: The Amish

2005-01-02 Thread Paul Finkelman
I don't want to answer Sandy, but my sense of the constitutional issue is this: Yoder was in part a result of C.J. Burger's assertions that the Amish were a quaint, quite, productive historical artifact that had survived into the 20th century and they needed to be left alone so they could

RE: The Amish

2005-01-02 Thread Sanford Levinson
-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Avi Schick Avi Shick raises the following questions: I'm somewhat confused by your statement that even if the article is off by 50% with regard to the actual number of young women who are raped or

Re: The Amish

2005-01-02 Thread JMHACLJ
I thought about the possibility that the numbers were over/under reported as I listened to reports this last week on the death toll from the tsunamis following the Christmas evening earthquake. Sometime around Monday, I started to hear stories that as many as 1/3 of those killed were children. A

RE: The Amish

2005-01-02 Thread Avi Schick
Professor Levinson Thank you for your clarifications.I still don't see the constitutional dimension that is so clearly visible to you and Professor Finkelman. I guess one way to get at the question is whether you think that the result in Yoder should have been different because of the

Re: The Amish

2005-01-02 Thread Paul Finkelman
Again, I speak for me, not Sandy. I think that the Court did not find Kiryas Joel very attractive litigants and their request -- for state funds for their own school district -- seemed such an obvious violation of the establishment clause, while the Amish were just asking to be exempt from the

Re: The Amish

2005-01-02 Thread Steven Jamar
I doubt Yoder comes out the same today -- even with this Court. The advent of home schooling to state-set standards changes things substantially, I think. We now generally accept that the state may set certain standards for education up to a certain age -- though we do allow drop-outs -- and

RE: The Amish

2005-01-02 Thread Sanford Levinson
Title: RE: The Amish Avi Shick writes: I guess one way to get at the question is whether you think that the result in Yoder should have been different because of theconduct described in the Legal Affairs article? _ I have always found

RE: The Amish

2005-01-01 Thread Sanford Levinson
I strongly recommend an article by Nadya Labi, "The Gentle People," in the current issue of Legal Affairs. It argues that incest is rife within Amish communities and that, basically, the community does next to nothing to control it, other than pressing the victims to "forgive" the

Re: The Amish

2005-01-01 Thread Marty Lederman
A link to the Labi article: http://www.legalaffairs.org/issues/January-February-2005/feature_labi_janfeb05.html - Original Message - From: Sanford Levinson To: Law Religion issues for Law Academics Sent: Saturday, January 01, 2005 4:06 PM Subject: RE: The Amish