Re: Early dismissal for Muslims on Friday

2006-05-15 Thread Will Linden

At 04:55 PM 5/12/06 -0500, you wrote:
I am most familiar with Islamic practice in the Middle East (Iraq, Jordan 
and Egypt).  While Friday is usually taken as part of the weekend in those 
counties, Friday is not considered the Sabbath -- so there is no religious 
obligation to observe the whole day.  I would suspect that the Islamic 
students in this country are seeking an accomodation that, they feel, 
respects their faith in the same way Sabbatarians are 
accomodated.  Moreover, the principle religious service is noon prayers -- so


 So, are you suggesting this is really the same sort of thing as 
minority religions seeking to add their representation to the list of 
alternate-side-parking-exemption days here in New York, whether there is 
any particular need for parking on the days or not?





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Re: Early dismissal for Muslims on Friday

2006-05-15 Thread David E. Guinn


- Original Message - 
From: Will Linden [EMAIL PROTECTED]
 So, are you suggesting this is really the same sort of thing as 
minority religions seeking to add their representation to the list of 
alternate-side-parking-exemption days here in New York, whether there is 
any particular need for parking on the days or not?


I think this trivializes the desire to be recognized and respected by one's 
country through some type of acknowledgement of religious difference.  In 
this regard, it is far more understandable for a minority to seek a minor 
accomodation as opposed the the annual hysteria over Christmas displays and 
seasons greetings by a majority religion whose religious traditions are 
overwhelmingly respected and incorporated within the social norm.


David 
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Re: Early dismissal for Muslims on Friday

2006-05-15 Thread David E. Guinn



I agree that the local tradition takes precedence 
-- but what is the principle that controls? If this is maliable to fit the 
local group, do they have absolute autonomy to determine their norm -- or do we 
require that they adjust their tradition to fit our norms? Or must they 
adjust to the norm adopted by the group that is most accomodating to existing 
norms? For example, if one mosque adopts an evening service,does 
that means that all can and therefore no accomodation is necessary?

I was simply citing the Middle East as a broad, 
diverse (Shi'a and Sunni) comparative norm from a region that most Muslims would 
consider relavent.

David

  - Original Message - 
  From: 
  Steven 
  Jamar 
  To: Law  Religion issues for Law 
  Academics 
  Sent: Monday, May 15, 2006 9:31 AM
  Subject: Re: Early dismissal for Muslims 
  on Friday
  In the particular instance in Howard County Maryland, the 
  primary weekly service is on Fridays at 1:45 pm, which would effectively cut 
  out the last class period of the day on Fridays under the Howard County school 
  schedule.
  
  The Muslim community associated with the one mosque in Howard County is 
  seeking the accommodation for its male members who are required to 
  attend. Women are encouraged to attend.
  
  There is nothing magical or critically important about the 1:45 start 
  time, as opposed to a somewhat later or earlier time, but there are 
  practical logistical reasons as well as religiously premised-reasons for that 
  timing.
  
  In evaluating the request, it is important, is it not, to take it on its 
  own terms and on the understandings of this Muslim community and its practices 
  -- not those of several Sunni countries or Wahabi or Maliki or New York or any 
  other Muslim community. Accommodation as a principle doesn't rest on the 
  universality of some norm within a large category of religion, does it? 
  We don't accommodate Christians based on them being just Christians or some 
  practice in the Greek Orthodox tradition. We accommodate based on the 
  local version, regardless of how idiosyncratic, right?
  
  Steve
  
  
  On May 12, 2006, at 5:55 PM, David E. Guinn wrote:
  
This is a difficult answer to parse down to a 
principle.

I am most familiar with Islamic practice in the 
Middle East (Iraq, Jordan and Egypt). While Friday is usually taken as 
part of the weekend in those counties, Friday is not considered the Sabbath 
-- so there is no religious obligation to observe the whole day. I 
would suspect that the Islamic students in this country are seeking an 
accomodation that, they feel, respects their faith in the same 
waySabbatarians are accomodated. Moreover, the principle 
religious service is noon prayers -- so evening service (to the extent that 
it exists)is an American adaptation. Should the School seek to 
enforce the adaptation?

While this Middle Eastern based understanding 
might suggest an accomodation (i.e. allow these Muslim students to schedule 
study hall and lunch together to facilitate their attending noon prayers on 
Friday), what happens to an Americanized Muslim congregation that seeks to 
treat Friday as a Sabbath?

David

  - Original Message - 
  From: 
  Volokh, 
  Eugene 
  To: Law  Religion issues for Law 
  Academics 
  Sent: Friday, May 12, 2006 3:59 
  PM
  Subject: RE: Early dismissal for 
  Muslims on Friday
  
   I 
  would think that there's a difference -- the sort of difference in 
  quantity that becomes a difference in quality -- between skipping a couple 
  of days and skipping every Friday afternoon. It may be worth 
  accommodating students even in the latter instance, but I'm not sure the 
  two are fully on point.
  
   Incidentally, if I were a school administrator, I'd want to 
  know how firm the students' insistence is likely to be (as well as, of 
  course, knowing how much of each Friday afternoon they wanted to take 
  off). If they're likely to be unbudgeable, then I might figure that 
  there's little gained in being a hardass. On the other hand, if the 
  felt obligation isn't that strong -- for instance, if they could and would 
  attend Friday evening services were they to be required to stay in school 
  until the end of the school day -- then I might be more insistent. 
  (I also probably wouldn't disclose this decision tree to them up 
  front.)
  
   Eugene
  

-Original Message-From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
On Behalf Of Steven JamarSent: Friday, May 12, 2006 
4:06 AMTo: Law  Religion issues for Law 
AcademicsSubject: Early dismissal for Muslims on 
FridaySome Muslim students have requested that 
Howard County Maryland schools release them early

RE: Early dismissal for Muslims on Friday

2006-05-15 Thread Volokh, Eugene
Title: Message



 I agree 
that accommodation decisions should look (among other things) to the felt 
religious obligations of the particular person who asks for the accommodation, 
and not to majority views of the very broad group to which he 
belongs.

 Yet it 
seems to me that it should often matter whether the person's particular 
practices are a matter of felt religious obligation -- or even felt religious 
motivations, or perhaps even very longstanding religiously-linked 
tradition-- or are just a matter of the way he happens to operate. 
If I were running a school and deciding on an accommodation that might be quite 
disruptive to the child's schooling experience (because it would require him to 
take several hours off every week), I'd want to know whether, if the 
accommodation were denied, theperson would be able to switch to a later 
service (perhaps even getting his community to accommodate him on that). 


 If so, 
then I'd be inclined to try to press him to accommodate -- since such an 
accommodation seems workable -- rather than accommodating him. On the 
other hand, if the 1:45 time is a firm requirement, especially one dictated by 
felt religious obligation, then I might be more inclined to try to accommodate 
such a time (if the accommodation is possible).

 Eugene

  
  -Original Message-From: 
  [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
  On Behalf Of Steven JamarSent: Monday, May 15, 2006 7:31 
  AMTo: Law  Religion issues for Law 
  AcademicsSubject: Re: Early dismissal for Muslims on 
  FridayIn the particular instance in Howard County 
  Maryland, the primary weekly service is on Fridays at 1:45 pm, which would 
  effectively cut out the last class period of the day on Fridays under the 
  Howard County school schedule.
  
  The Muslim community associated with the one mosque in Howard County is 
  seeking the accommodation for its male members who are required to 
  attend. Women are encouraged to attend.
  
  There is nothing magical or critically important about the 1:45 start 
  time, as opposed to a somewhat later or earlier time, but there are 
  practical logistical reasons as well as religiously premised-reasons for that 
  timing.
  
  In evaluating the request, it is important, is it not, to take it on its 
  own terms and on the understandings of this Muslim community and its practices 
  -- not those of several Sunni countries or Wahabi or Maliki or New York or any 
  other Muslim community. Accommodation as a principle doesn't rest on the 
  universality of some norm within a large category of religion, does it? 
  We don't accommodate Christians based on them being just Christians or some 
  practice in the Greek Orthodox tradition. We accommodate based on the 
  local version, regardless of how idiosyncratic, right?
  
  Steve
  
  
  On May 12, 2006, at 5:55 PM, David E. Guinn wrote:
  
This is a difficult answer to parse down to a 
principle.

I am most familiar with Islamic practice in the 
Middle East (Iraq, Jordan and Egypt). While Friday is usually taken as 
part of the weekend in those counties, Friday is not considered the Sabbath 
-- so there is no religious obligation to observe the whole day. I 
would suspect that the Islamic students in this country are seeking an 
accomodation that, they feel, respects their faith in the same 
waySabbatarians are accomodated. Moreover, the principle 
religious service is noon prayers -- so evening service (to the extent that 
it exists)is an American adaptation. Should the School seek to 
enforce the adaptation?

While this Middle Eastern based understanding 
might suggest an accomodation (i.e. allow these Muslim students to schedule 
study hall and lunch together to facilitate their attending noon prayers on 
Friday), what happens to an Americanized Muslim congregation that seeks to 
treat Friday as a Sabbath?

David

  - Original Message - 
  From: 
  Volokh, 
  Eugene 
  To: Law  Religion issues for Law 
  Academics 
  Sent: Friday, May 12, 2006 3:59 
  PM
  Subject: RE: Early dismissal for 
  Muslims on Friday
  
   I 
  would think that there's a difference -- the sort of difference in 
  quantity that becomes a difference in quality -- between skipping a couple 
  of days and skipping every Friday afternoon. It may be worth 
  accommodating students even in the latter instance, but I'm not sure the 
  two are fully on point.
  
   Incidentally, if I were a school administrator, I'd want to 
  know how firm the students' insistence is likely to be (as well as, of 
  course, knowing how much of each Friday afternoon they wanted to take 
  off). If they're likely to be unbudgeable, then I might figure that 
  there's little gained in being a hardass. On the other hand, if the 
  felt obligation isn't that strong

RE: Early dismissal for Muslims on Friday

2006-05-15 Thread Alan Brownstein
Title: Message








I cant speak to the exact time of
the service, but I know that Muslim law students at Davis feel obliged to attend a prayer service
early afternoon on Friday. 



It may be that there is some flexibility
as to the actual time of the service, but the service will have to occur at
some fixed time. It is not something that each individual can
arrange separately. 



Thus, it may be difficult for an
individual to accommodate the interests of a government institution.



Alan Brownstein















From: [EMAIL PROTECTED].ucla.edu
[mailto:[EMAIL PROTECTED].ucla.edu] On Behalf Of
Volokh, Eugene
Sent: Monday, May 15, 2006 10:30
AM
To: Law
  Religion issues for Law Academics
Subject: RE: Early dismissal for
Muslims on Friday







 I agree that accommodation decisions
should look (among other things) to the felt religious obligations of the
particular person who asks for the accommodation, and not to majority views of
the very broad group to which he belongs.











 Yet it seems to me that it should often matter
whether the person's particular practices are a matter of felt religious
obligation -- or even felt religious motivations, or perhaps even very
longstanding religiously-linked tradition-- or are just a matter of the
way he happens to operate. If
I were running a school and deciding on an accommodation that might be quite
disruptive to the child's schooling experience (because it would require him to
take several hours off every week), I'd want to know whether, if the
accommodation were denied, theperson would be able to switch to a later
service (perhaps even getting his community to accommodate him on that). 











 If so, then I'd be inclined to try to
press him to accommodate -- since such an accommodation seems workable --
rather than accommodating him.
On the other hand, if the 1:45 time is a firm requirement, especially one
dictated by felt religious obligation, then I might be more inclined to try to
accommodate such a time (if the accommodation is possible).











 Eugene





-Original Message-
From: [EMAIL PROTECTED].ucla.edu
[mailto:[EMAIL PROTECTED].ucla.edu] On Behalf Of
Steven Jamar
Sent: Monday, May 15, 2006 7:31 AM
To: Law
  Religion issues for Law Academics
Subject: Re: Early dismissal for
Muslims on Friday

In the particular instance in Howard County Maryland, the primary
weekly service is on Fridays at 1:45 pm, which would effectively cut out the
last class period of the day on Fridays under the Howard County
school schedule. 









The Muslim community associated with the one mosque in Howard County
is seeking the accommodation for its male members who are required to attend. Women are encouraged to attend.











There is nothing magical or critically important about the 1:45 start
time, as opposed to a somewhat later or earlier time, but there are
practical logistical reasons as well as religiously premised-reasons for that
timing.











In evaluating the request, it is important, is it not, to take it on
its own terms and on the understandings of this Muslim community and its
practices -- not those of several Sunni countries or Wahabi or Maliki or New York or any other
Muslim community.
Accommodation as a principle doesn't rest on the universality of some norm
within a large category of religion, does it? We don't accommodate
Christians based on them being just Christians or some practice in the Greek
Orthodox tradition. We
accommodate based on the local version, regardless of how idiosyncratic, right?











Steve
















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RE: Early dismissal for Muslims on Friday

2006-05-15 Thread Charles Haynes
This is a question that a growing number of school districts now face. The 
early afternoon time may vary somewhat... but the window of opportunity for the 
Friday prayer service falls within the school day. 
 
Some districts try to accommodate by allowing students to gather in an 
available space within the school. But unlike the more modest accommodation for 
brief daily prayers between classes (or during lunchtime), this approach runs 
into Establishment Clause problems. School officials find themselves changing 
student schedules, monitoring attendance, dealing with requests to allow 
religious leaders to lead the service etc. One Texas district recently had to 
pull the plug on this arrangement because they realized that a well-intentioned 
attempt to accommodate had begun to look like school endorsement of religion.
 
Another option is to allow students to form a Muslim club under the 
guidelines established by the Equal Access Act and hold the Friday prayer 
service as part of the club meeting during lunch. But this approach is 
unworkable because students have different lunch schedules and outside adults 
may not regularly attend or lead such club meetings. 
 
The released-time option is probably the best solution, although it will not 
work in all school districts. While in another Texas district this week, I 
learned that released-time was considered and rejected because the mosque is 
too far away from the school. Many districts no longer want to allow 
released-time because of the pressures of time and block scheduling etc. But in 
some districts released-time works fairly well. Students are released for an 
hour and must return to finish the school day. (With a late start time like 
1:45 students would not need to return since classes would be over. I suspect 
that the Howard County mosque may have scheduled the Friday prayer as late as 
possible in order to avoid the problems of getting students back to school.) Of 
course, all other religious groups must also be offered the opportunity for a 
released-time program. Most districts are resistant to this idea either because 
it cuts too much into class time (and in most states the amount of time 
students must be in class to earn credit is fixed by law) and/or it is too 
difficult to monitor (and students don't want to return on a Friday afternoon). 
Since public schools may decide whether or not to allow released-time, this has 
become a point of tension between school boards and Muslim groups in some 
places. Muslims argue that since this is an obligation of faith (unlike, for 
example, requests for released-time by Christians for Bible study), public 
schools should find a way to accommodate. I'm inclined to agree -- although I 
recognize the barriers schools face in finding a solution.
 
Charles  Haynes
 
 



From: [EMAIL PROTECTED] on behalf of Alan Brownstein
Sent: Mon 5/15/2006 1:43 PM
To: Law  Religion issues for Law Academics
Subject: RE: Early dismissal for Muslims on Friday



I can't speak to the exact time of the service, but I know that Muslim law 
students at Davis feel obliged to attend a prayer service early afternoon on 
Friday. 

 

It may be that there is some flexibility as to the actual time of the service, 
but the service will have to occur at some fixed time. It is not something that 
each individual can arrange separately. 

 

Thus, it may be difficult for an individual to accommodate the interests of a 
government institution.

 

Alan Brownstein

 

 

 



From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
Sent: Monday, May 15, 2006 10:30 AM
To: Law  Religion issues for Law Academics
Subject: RE: Early dismissal for Muslims on Friday

 

I agree that accommodation decisions should look (among other things) to 
the felt religious obligations of the particular person who asks for the 
accommodation, and not to majority views of the very broad group to which he 
belongs.

 

Yet it seems to me that it should often matter whether the person's 
particular practices are a matter of felt religious obligation -- or even felt 
religious motivations, or perhaps even very longstanding religiously-linked 
tradition -- or are just a matter of the way he happens to operate.  If I were 
running a school and deciding on an accommodation that might be quite 
disruptive to the child's schooling experience (because it would require him to 
take several hours off every week), I'd want to know whether, if the 
accommodation were denied, the person would be able to switch to a later 
service (perhaps even getting his community to accommodate him on that).  

 

If so, then I'd be inclined to try to press him to accommodate -- since 
such an accommodation seems workable -- rather than accommodating him.  On the 
other hand, if the 1:45 time is a firm requirement, especially one dictated by 
felt religious obligation, then I might

Re: Early dismissal for Muslims on Friday

2006-05-15 Thread Will Linden

At 11:28 AM 5/15/06 -0500, you wrote:



- Original Message - From: Will Linden [EMAIL PROTECTED]
 So, are you suggesting this is really the same sort of thing as 
minority religions seeking to add their representation to the list 
of alternate-side-parking-exemption days here in New York, whether there 
is any particular need for parking on the days or not?


I think this trivializes the desire to be recognized and respected by 
one's country through some type of acknowledgement of religious difference.


Then what do you call some recent calls by NY atheists to add Darwins's 
birthday to the list? Are they trivializing the issue or not?



r wrongly) forward the messages to others.





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Checked by AVG Anti-Virus.
Version: 7.1.392 / Virus Database: 268.5.6/339 - Release Date: 5/14/06



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Checked by AVG Anti-Virus.
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Re: Early dismissal for Muslims on Friday

2006-05-15 Thread David E. Guinn
Since atheists, by definition, deny religious obligation  -- one can't help 
feeling that the effort to include Darwin's birthday is little more than a 
hostile protest.


- Original Message - 
From: Will Linden [EMAIL PROTECTED]

To: Law  Religion issues for Law Academics religionlaw@lists.ucla.edu
Sent: Monday, May 15, 2006 1:50 PM
Subject: Re: Early dismissal for Muslims on Friday



At 11:28 AM 5/15/06 -0500, you wrote:



- Original Message - From: Will Linden [EMAIL PROTECTED]
 So, are you suggesting this is really the same sort of thing as 
minority religions seeking to add their representation to the list 
of alternate-side-parking-exemption days here in New York, whether there 
is any particular need for parking on the days or not?


I think this trivializes the desire to be recognized and respected by 
one's country through some type of acknowledgement of religious 
difference.


Then what do you call some recent calls by NY atheists to add Darwins's 
birthday to the list? Are they trivializing the issue or not?



r wrongly) forward the messages to others.





--
No virus found in this incoming message.
Checked by AVG Anti-Virus.
Version: 7.1.392 / Virus Database: 268.5.6/339 - Release Date: 5/14/06



--
No virus found in this outgoing message.
Checked by AVG Anti-Virus.
Version: 7.1.392 / Virus Database: 268.5.6/339 - Release Date: 5/14/06


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RE: Early dismissal for Muslims on Friday

2006-05-12 Thread Volokh, Eugene
Title: Message



 I would 
think that there's a difference -- the sort of difference in quantity that 
becomes a difference in quality -- between skipping a couple of days and 
skipping every Friday afternoon. It may be worth accommodating students 
even in the latter instance, but I'm not sure the two are fully on 
point.

 Incidentally, if I were a school administrator, I'd want to know how 
firm the students' insistence is likely to be (as well as, of course, knowing 
how much of each Friday afternoon they wanted to take off). If they're 
likely to be unbudgeable, then I might figure that there's little gained in 
being a hardass. On the other hand, if the felt obligation isn't that 
strong -- for instance, if they could and would attend Friday evening services 
were they to be required to stay in school until the end of the school day -- 
then I might be more insistent. (I also probably wouldn't disclose this 
decision tree to them up front.)

 Eugene

  
  -Original Message-From: 
  [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
  On Behalf Of Steven JamarSent: Friday, May 12, 2006 4:06 
  AMTo: Law  Religion issues for Law 
  AcademicsSubject: Early dismissal for Muslims on 
  FridaySome Muslim students have requested that Howard 
  County Maryland schools release them early from school to attend Muslim 
  services Friday afternoons.
  
  Any advice for our County Board on this one? Here we take not just 
  the major Christian holidays off, but also Rosh Hashana and Yom Kippur, if I 
  recall correctly. And of course allow release for other religious 
  observances and accommodate Seventh Day Adventists and others as much as can 
  be done practicably (scheduling sporting events and the like).
  
  Steve
  
  
  
  
  --
  Prof. Steven D. Jamar   

  vox: 202-806-8017
  Howard University School of Law   
   fax: 202-806-8428
  2900 Van Ness Street NW  

  mailto:[EMAIL PROTECTED]
  Washington, DC 20008   http://www.law.howard.edu/faculty/pages/jamar
  
  "God, give us grace to accept with serenity 
  the things that cannot be changed, courage to change the things which should 
  be changed, and the wisdom to distinguish the one from the 
  other."
  
  Reinhold Neibuhr 1943
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Re: Early dismissal for Muslims on Friday

2006-05-12 Thread David E. Guinn
Title: Message



This is a difficult answer to parse down to a 
principle.

I am most familiar with Islamic practice in the 
Middle East (Iraq, Jordan and Egypt). While Friday is usually taken as 
part of the weekend in those counties, Friday is not considered the Sabbath -- 
so there is no religious obligation to observe the whole day. I would 
suspect that the Islamic students in this country are seeking an accomodation 
that, they feel, respects their faith in the same waySabbatarians are 
accomodated. Moreover, the principle religious service is noon prayers -- 
so evening service (to the extent that it exists)is an American 
adaptation. Should the School seek to enforce the adaptation?

While this Middle Eastern based understanding might 
suggest an accomodation (i.e. allow these Muslim students to schedule study hall 
and lunch together to facilitate their attending noon prayers on Friday), what 
happens to an Americanized Muslim congregation that seeks to treat Friday as a 
Sabbath?

David

  - Original Message - 
  From: 
  Volokh, 
  Eugene 
  To: Law  Religion issues for Law 
  Academics 
  Sent: Friday, May 12, 2006 3:59 PM
  Subject: RE: Early dismissal for Muslims 
  on Friday
  
   I 
  would think that there's a difference -- the sort of difference in quantity 
  that becomes a difference in quality -- between skipping a couple of days and 
  skipping every Friday afternoon. It may be worth accommodating students 
  even in the latter instance, but I'm not sure the two are fully on 
  point.
  
   Incidentally, if I were a school administrator, I'd want to know 
  how firm the students' insistence is likely to be (as well as, of course, 
  knowing how much of each Friday afternoon they wanted to take off). If 
  they're likely to be unbudgeable, then I might figure that there's little 
  gained in being a hardass. On the other hand, if the felt obligation 
  isn't that strong -- for instance, if they could and would attend Friday 
  evening services were they to be required to stay in school until the end of 
  the school day -- then I might be more insistent. (I also probably 
  wouldn't disclose this decision tree to them up front.)
  
   Eugene
  

-Original Message-From: 
[EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED] On Behalf Of Steven 
JamarSent: Friday, May 12, 2006 4:06 AMTo: Law  
Religion issues for Law AcademicsSubject: Early dismissal for 
Muslims on FridaySome Muslim students have requested 
that Howard County Maryland schools release them early from school to attend 
Muslim services Friday afternoons. 

Any advice for our County Board on this one? Here we take not 
just the major Christian holidays off, but also Rosh Hashana and Yom Kippur, 
if I recall correctly. And of course allow release for other religious 
observances and accommodate Seventh Day Adventists and others as much as can 
be done practicably (scheduling sporting events and the like).

Steve




--
Prof. Steven D. Jamar   
  
vox: 202-806-8017
Howard University School of Law 
  
 fax: 202-806-8428
2900 Van Ness Street NW  
  
mailto:[EMAIL PROTECTED]
Washington, DC 20008   http://www.law.howard.edu/faculty/pages/jamar

"God, give us grace to accept with 
serenity the things that cannot be changed, courage to change the things 
which should be changed, and the wisdom to distinguish the one from the 
other."

Reinhold Neibuhr 1943
  
  

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