RE: Warnock

2004-10-13 Thread speters
I have been thinking that in Warnock the Circuit Court (8th) focusses on endorsement because it was unlikely that the teacher could be coerced or indoctrinated by the religious activity of the Principal at the meetings. Indeed the facts belie it (he complains avidly, the court call him "strong will

RE: Cert granted in Cutter

2004-10-13 Thread marc stern
In Warnock v. Archer(6th Cir.8/24/2004),the Sixth Circuit held that a teacher's rights were violated when he was as compelled to attend teacher training courses that began with prayers. The Court emphasized that the violation was not in the coercion to be present when prayers were offered, but beca

Re: Cert granted in Cutter

2004-10-13 Thread Marty Lederman
Well, I can't speak for DOJ here, because I doubt that I've read all their briefs, but I think the answer is "no." Section 3 does not have an "individualized assessment" provision that instantiates Sherbert/Lukumi, nor any of the other section 5 provisions found in section 2(b) of the land-use sec

ten commandments in S.Ct.

2004-10-13 Thread Steven Jamar
The washington post reports the US S Ct will take two case on displaying the 10 commandments -- after last year not accepting Judge Moore's petition. http://www.washingtonpost.com/wp-dyn/articles/A26439-2004Oct12.html Steve -- Prof. Steven D. Jamar vox: 202-806-80

RE: Cert granted in Cutter

2004-10-13 Thread Hamilton02
Marty---I haven't really been following the prison side on RLUIPA. Has the DOJ been arguing--as on the land use side of RLUIPA--that it merely mirrors existing Free Exercise doctrine? Marci ___ To post, send message to [EMAIL PROTECTED] To subscribe

RE: Cert granted in Cutter

2004-10-13 Thread marc stern
Good. Just wanted to be sure. Marc   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Marty Lederman Sent: Wednesday, October 13, 2004 12:53 PM To: Law & Religion issues for Law Academics Subject: Re: Cert granted in Cutter   yes - Original Messag

RE: Cert granted in Cutter

2004-10-13 Thread marc stern
Oops. This was intended only for Marty, not for the list. Marc Stern   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of marc stern Sent: Wednesday, October 13, 2004 12:39 PM To: 'Law & Religion issues for Law Academics' Subject: RE: Cert granted in Cutter   Mar

Re: Cert granted in Cutter

2004-10-13 Thread Marty Lederman
yes - Original Message - From: marc stern To: 'Law & Religion issues for Law Academics' Sent: Wednesday, October 13, 2004 1:38 PM Subject: RE: Cert granted in Cutter Marty:     ·      Are  you allowed to participate, give

RE: Cert granted in Cutter

2004-10-13 Thread marc stern
Marty:     ·      Are  you allowed to participate, given you’re your service in the Justice Department in drafting RLUIPA? ·    Marc · From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Marty Lederman Sent: Wednesday, October 13, 2004 8:30 AM To:

Re: Cert granted in Cutter

2004-10-13 Thread Marty Lederman
In response to a couple of e-mail inquiries, a clarification:   The petition in Cutter (http://www.goldsteinhowe.com/blog/files/Cutter.petition.pdf) raises only the Establishment Clause question, because that was the only ground on which the CTA6 declared section 3 of RLUIPA invalid.  Ohio, h

Re: Regulations for non-professional Biblical counselors

2004-10-13 Thread Stephen R. Prescott, Esq.
My understanding of Nally is the same as that of Professor Laycock.  That is certainly what I teach the M.Div. students when I teach my course on Legal Issues for the Minister once a year.  At one time our degree was in counseling, the nomenclature was changed to Biblical counseling to make clear