Re: Drift of the Court on religion

2008-06-03 Thread Douglas Laycock
I don't know the answer to this question either, but it may relate to a different question. Why didn't Scalia just overrule Sherbert and Yoder instead of distinguishing them in such odd ways? Hardly anyone can take hybrid rights seriously, and taking his distinction of Sherbert seriously lea

Re: Drift of the Court on religion

2008-06-03 Thread David Waddilove
rinceton University > Sent from my Verizon Wireless BlackBerry > > -Original Message- > From: "Marc Stern" <[EMAIL PROTECTED]> > > Date: Tue, 3 Jun 2008 13:41:16 > To:"Law & Religion issues for Law Academics" > Subject: RE: Drift of the Court on re

RE: Drift of the Court on religion

2008-06-03 Thread Brownstein, Alan
ds to generalize about and oversimplify complex constitutional questions. Alan Brownstein From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marc Stern Sent: Tuesday, June 03, 2008 10:41 AM To: Law & Religion issues for Law Academics Subject: RE: Drift of the Court on religio

Re: Drift of the Court on religion

2008-06-03 Thread Paul Diamond
s Sent: Tuesday, June 03, 2008 6:41 PM Subject: RE: Drift of the Court on religion But based on those subsidies, the UK has forbidden religious schools receiving government aid to tell students that homosexual behavior is sinful (although they can teach that the church is opposed to ho

RE: Drift of the Court on religion

2008-06-03 Thread Volokh, Eugene
MAIL PROTECTED] On Behalf Of Brian Landsberg Sent: Tuesday, June 03, 2008 11:00 AM To: Law & Religion issues for Law Academics Subject: RE: Drift of the Court on religion As to Justice White, perhaps his position is related to his authorship of W

Re: Drift of the Court on religion

2008-06-03 Thread Vance R. Koven
From:* [EMAIL PROTECTED] [mailto: > [EMAIL PROTECTED] *On Behalf Of *Brownstein, Alan > *Sent:* Tuesday, June 03, 2008 1:35 PM > *To:* Law & Religion issues for Law Academics > *Subject:* RE: Drift of the Court on religion > > Sorry, Eugene. I can't help you on the questi

RE: Drift of the Court on religion

2008-06-03 Thread Brian Landsberg
As to Justice White, perhaps his position is related to his authorship of Washington v. Davis, rejecting disparate impact test in another context. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Tuesday, June 03, 2008 10:18 A

Re: Drift of the Court on religion

2008-06-03 Thread hamilton02
gt; Date: Tue, 3 Jun 2008 13:41:16 To:"Law & Religion issues for Law Academics" Subject: RE: Drift of the Court on religion But based on those subsidies, the UK has forbidden religious schools receiving government aid to tell students  that homosexual behavior is sinful (although

RE: Drift of the Court on religion

2008-06-03 Thread Marc Stern
Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Brownstein, Alan Sent: Tuesday, June 03, 2008 1:35 PM To: Law & Religion issues for Law Academics Subject: RE: Drift of the Court on religion Sorry, Eugene. I can't help you on the question you

RE: Drift of the Court on religion

2008-06-03 Thread Brownstein, Alan
Sorry, Eugene. I can't help you on the question you asked about Justice White. But on the question of whether Justice Scalia's arguments about the Establishment clause are sound, I am somewhat perplexed by his apparent belief that Europe is committed to the separation of church and state and that r