IS it possible that the search for legislative history on the question of
whether in 1997 Congress thought corporations could benefit from religious
liberty provisions is anachronistic .Today, that question is colored by one’ s
feelings towards Citizens United; in 1997 ( and especially when
Marci - I agree that if one side or the other in the 1997 debate was
attempting to make after-the-fact legislative history for RFRA, that
history would be of marginal value. But that's not the theory of relevance
that Doug offers in his article and that I asked about yesterday. Doug
offered the
My point yesterday is that the Coalition am the ACLU are not both sides. Far
from it
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N. Cardozo Law School
Yeshiva University
@Marci_Hamilton
On Aug 2, 2013, at 12:09 PM, James Oleske jole...@lclark.edu wrote:
Marci - I agree that if
Here are some unassailable facts about RFRAs enactment that make 1997 too late
to bring for profit corps under RFRAs intended reach
1. The vast majority of RFRA's Legis history is not about its actual content
but rather testimony critical of Smith and the Supreme Court.
2. The Coalition had
That strikes me as a perfectly fine argument, but one that goes to the
question of whether there actually were any relevant common understandings
of the language in 1997, not the question of whether the 1997 legislative
history would be irrelevant even if such understandings actually existed.
Of
I'm the moderator only for conlawprof, and Eugene may have a different
suggestion for the religionlaw list, but may I strongly recommend that list
posts not be quoted, and positions taken on the list not be attributed, without
permission of the poster. I think that is a matter of courtesy, and
... Let me present another view.
Scholarship is not about vanity; it's about the ideas. Things that are relevant
to an idea can come in many forms -- letters, songs, poems, conversations
between spouses or a public speech. It could come from a diary or a movie. The
trouble comes when we fail
