RE: Does substantial matter?

2013-12-04 Thread Christopher Lund
Subject: Does substantial matter? Doug may well be right that for most lower courts (but not all -- see Michael Masinter's post), whether the term burden is modified by substantial will not matter, because such courts inevitably end up balancing the degree (or nature) of the burden on religious

Re: Does substantial matter?

2013-12-04 Thread Marty Lederman
, 2013 8:45 AM *To:* Law Religion issues for Law Academics *Subject:* Does substantial matter? Doug may well be right that for most lower courts (but not all -- see Michael Masinter's post), whether the term burden is modified by substantial will not matter, because such courts inevitably end

Does substantial matter?

2013-12-03 Thread Marty Lederman
Doug may well be right that for most lower courts (but not all -- see Michael Masinter's post), whether the term burden is modified by substantial will not matter, because such courts inevitably end up balancing the degree (or nature) of the burden on religious exercise -- indeed, the degree of

RE: Does substantial matter?

2013-12-03 Thread Douglas Laycock
Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Tuesday, December 03, 2013 8:45 AM To: Law Religion issues for Law Academics Subject: Does substantial matter? Doug may