--- In [email protected], "sparaig" <[EMAIL PROTECTED]> wrote: > > --- In [email protected], "authfriend" <jstein@> wrote: > > > > --- In [email protected], "sparaig" <sparaig@> wrote: > > <snip> > > > Here's the nutshell ruling. I bought the entire ruling last night. > > > Andrew is very unhappy with me for continuing to disagree with him > > > on this issue, BTW. He doesn't see a difference > > > between "TM" and "SCI/TM" as put forth in the ruling. The relevant > > > part of the ruling: > > > > Did you show him the appeals court ruling, with the > > concurring opinion of Judge Adams? Adams's opinion > > goes into more detail on this point. > > > > That opinion is really fascinating; it's a mini-course > > in First Amendment law pertaining to religion, > > beautifully reasoned and very clearly written, not at > > all technical for the layperson. > > > > Maybe I should upload it to the Files section. > > It's interesting, but not relevant in most lawyer's minds, > I think. The Malnak test was divised by Meanor, not Adams, > and THAT is what is cited in case law.
I don't know why you think that's relevant. As I said, Adams's opinion goes into more detail on the very point you were arguing with Skolnick about. It doesn't matter who came up with it or what is cited in case law or what other lawyers think. And it isn't "the Malnak test" anyway, it's the Nyquist test (Nyquist being the defendant in a Supreme Court First Amendment case relating to federal funding of potentially religious activity). Meanor *applied* the Nyquist test in Malnak v. Yogi, he didn't devise the test. Adams *discusses* Meanor's application of the Nyquist test. To subscribe, send a message to: [EMAIL PROTECTED] Or go to: http://groups.yahoo.com/group/FairfieldLife/ and click 'Join This Group!' Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/FairfieldLife/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
