Re: New Orleans legal system

2005-09-01 Thread Robert O'Brien
- Original Message - From: "Richard Foltin" <[EMAIL PROTECTED]> To: Sent: Thursday, September 01, 2005 4:26 PM Subject: New Orleans legal system Tangentially apropos of the interesting but assuredly academic discussion of Governor Blanco's call for prayer, here is an e-mail I recei

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2005-09-01 Thread Volokh, Eugene
Title: Message     Folks:  I'm willing to cut people slack in times of obvious and understandable emotional upset, but it's still important to note that posts such as those below, though forgivable under the circumstances, are quite inappropriate.  You may have whatever views you want of fel

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Ed Darrell
Were there penalties in the past, they would have pre-dated the Establishment Clause, and so would not be relevant to EC litigation.  Washington's actions are noteworthy, perhaps:  Congress sent him (non-binding) resolutions calling for days of prayer or fasting; Washington carefully edited out ref

Re: Floodwaters and Undermined Walls

2005-09-01 Thread A.E. Brownstein
I don't spend a lot of time worrying about the exact words government officials use to respond to catastrophes, but Art makes a very legitimate point here. It's not hard to come up with language that is inclusive. When we face disasters as a people, and feel the need to speak as a people, an

RE: Floodwaters and Undermined Walls

2005-09-01 Thread Marc Stern
What the Establishment Clause in the abstract means is one thing; whether as a practical matter any body would or should enforce the maximum possible reading of the clause is something again. I have often urged on the Jewish community some exercise of judgment over what issues result in law

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Brad M Pardee
I'm not sure there is anything the governor could have done in the time it took to issue a call to prayer that wasn't already being done.  And in time of crisis, like 9/11 or Hurricane Katrina or anything else of such a devastating magnitude, there are many of us who find a call to prayer as recog

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Brad M Pardee
Frances Paterson wrote on 09/01/2005 12:48:08 PM: > Well, I know now what I always suspected.  If I cried out to Jim > Henderson for succor, he might well help me but one part of his mind > would be thinking or at least considering if he could use my > suffering to advance his agenda. I'm not

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Paul Finkelman
One might think that instead of spending time issuing calls for prayer, the governor would focus on more down-to-earth matters. The call for prayers also of course raises a different practial question.  When I moved to Oklahoma the state was in the middle of huge drought, with no rain for month

Re: Floodwaters and Undermined Walls

2005-09-01 Thread ArtSpitzer
In a message dated 9/1/05 1:48:47 PM, [EMAIL PROTECTED] writes: Well, I know now what I always suspected.  If I cried out to Jim Henderson for succor, he might well help me but one part of his mind would be thinking or at least considering if he could use my suffering to advance his agenda.  Fran

RE: Floodwaters and Undermined Walls

2005-09-01 Thread David Cruz
In Frances Paterson's defense, while this may be the place for the "noting" that Henderson did, considerations of appropriate time are also relevant. And just now, when we don't even know how many people have died, haven't recovered their bodies, haven't even necessarily rescued all the trapped,

RE: Floodwaters and Undermined Walls

2005-09-01 Thread Dave Ball
I'm with Frances, in terms of the Establishment Clause issue that Jim has raised. In terms of the issue, this to me is just like the latitude that Bill Marshall has argued should be granted regarding post-9/11 religious observances.   To quote Bill's article, "The Limits of Secularism: Public

Re: Floodwaters and Undermined Walls

2005-09-01 Thread AAsch
In a message dated 9/1/2005 9:58:58 AM Pacific Standard Time, [EMAIL PROTECTED] writes: This week, as Katrina has worn away at the levee walls in New Orleans, we have the news that another assault on the wall of separation took place yesterday, when Louisiana's Governor declared a Day

Re: Floodwaters and Undermined Walls

2005-09-01 Thread FRAP428
In a message dated 9/1/05 1:31:06 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: Nor do I think Jim's post was cruelly indifferent to the very real grief and suffering taking place in the Gulf Coast region.  Jim noted his horror as the situation turned from the "terrible to the unimaginable."

RE: Floodwaters and Undermined Walls

2005-09-01 Thread Gene Summerlin
I'll come to Jim's defense.  I don't think it is inappropriate to note on a religion law list that the Governor of Louisiana has declared a day of prayer, and that some people have advocated that such pronouncements violate the EC clause, or that such a pronouncement if given over a school's

Re: Floodwaters and Undermined Walls

2005-09-01 Thread FRAP428
Jim Henderson, you are beyond disgusting.  People are dying. They were gasping out their last breaths or cradling a loved one--a child, a mother or father--in distress as you wrote your post. Save your idelogical arguments for another time. I'm sorry, Eugene, but this is too much so don't bother to

Floodwaters and Undermined Walls

2005-09-01 Thread JMHACLJ
The wall is the central metaphor defining the meaning and work of the Establishment Clause for many commentators including on this list.  When the government "gets away" with some emblematic behavior tinged with religious connotations, the hue and cry of breach is predictable.   We are all wa