RE: Alito and Religion

2005-10-31 Thread Lupu
I have taken a quick look at Alito's Religion Clause opinions, and I have two observations: 1. None of them are about funding issues, so we don't know where he stands on those (i.e., where would he have been in, for example, Mitchell v. Helms?). (I think it is very difficult to extrapolate from

RE: Alito and Religion

2005-10-31 Thread Marc Stern
Religion issues for Law Academics Subject: RE: Alito and Religion I have taken a quick look at Alito's Religion Clause opinions, and I have two observations: 1. None of them are about funding issues, so we don't know where he stands on those (i.e., where would he have been in, for example, Mitchell

Re: Alito and Religion

2005-10-31 Thread Marty Lederman
. Chip's correct -- no direct evidence; but I know where I'd place my wager. - Original Message - From: "Lupu" [EMAIL PROTECTED] To: "Law Religion issues for Law Academics" religionlaw@lists.ucla.edu Sent: Monday, October 31, 2005 10:40 AM Subject: RE: Alito and R

RE: Alito and Religion

2005-10-31 Thread Alan Brownstein
PROTECTED] On Behalf Of Marc Stern Sent: Monday, October 31, 2005 7:47 AM To: Law Religion issues for Law Academics Subject: RE: Alito and Religion It is not all apparent which way Justice O'Connor would have voted in the Oliva case, which involved a clash between the right of the speaker

RE: Alito and Religion

2005-10-31 Thread Derek Gaubatz
PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Alan Brownstein Sent: Monday, October 31, 2005 12:12 PM To: Law Religion issues for Law Academics Subject: RE: Alito and Religion Whether O'Connor would have decided Oliva the same way or not, Alito's opinion in this case raises some serious

RE: Alito and Religion

2005-10-31 Thread Toni M. Massaro
PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Alan Brownstein Sent: Monday, October 31, 2005 12:12 PM To: Law Religion issues for Law Academics Subject: RE: Alito and Religion Whether O'Connor would have decided Oliva the same way or not, Alito's opinion in this case raises some serious

RE: Alito and Religion

2005-10-31 Thread Derek Gaubatz
(fax) -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Toni M. Massaro Sent: Monday, October 31, 2005 12:59 PM To: Law Religion issues for Law Academics Subject: RE: Alito and Religion I am sure others will climb aboard here, but I think this is not what

RE: Alito and Religion

2005-10-31 Thread Alan Brownstein
PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Alan Brownstein Sent: Monday, October 31, 2005 12:12 PM To: Law Religion issues for Law Academics Subject: RE: Alito and Religion Whether O'Connor would have decided Oliva the same way or not, Alito's opinion in this case raises some serious questions

RE: Alito and Religion

2005-10-31 Thread Derek Gaubatz
) 202 955-0090 (fax) -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Alan Brownstein Sent: Monday, October 31, 2005 5:15 PM To: Law Religion issues for Law Academics Subject: RE: Alito and Religion I'm aware that some circuits in some older cases read

RE: Alito and Religion

2005-10-31 Thread Alan Brownstein
for Law Academics Subject: RE: Alito and Religion It's not just older cases that have done this. The 2nd Circuit, in an opinion by Judge Calabresi, did so less than 2 weeks ago. Peck ex rel. Peck v. Baldwinsville Central School Dist. Judge Calabresi recognized that the rule of viewpoint

Re: Alito and Religion

2005-10-31 Thread Roman Storzer
This is one of the most vexing free speech and, often, free exercise issues that I've had to deal with. I don't think that calling the activity curricular solves the problem, either, since extremes at either end of that spectrum also defy application of a general rule. If a child is placed in

RE: Alito and Religion

2005-10-31 Thread Alan Brownstein
analysis. Maybe the same analysis could apply to students. Alan Brownstein UC Davis From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Roman Storzer Sent: Monday, October 31, 2005 4:55 PM To: Law Religion issues for Law Academics Subject: Re: Alito and Religion

RE: Alito and Religion

2005-10-31 Thread Volokh, Eugene
at the Court would apply Sherbert to it? Eugene -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]Sent: Monday, October 31, 2005 8:03 AMTo: religionlaw@lists.ucla.eduSubject: Re: Alito and Religion Okay, I'll bit