RE: The Roberts Court

2006-07-25 Thread Marc Stern
Subject: Re: The Roberts Court   Good question, Chip.   There is enough of a difference between the various circuits on "substantial burden" under RLUIPA's land use provisions that it can credibly be called a circuit split.  But will the Court feel the need to interven

Re: The Roberts Court

2006-07-25 Thread Hamilton02
Good question, Chip.   There is enough of a difference between the various circuits on "substantial burden" under RLUIPA's land use provisions that it can credibly be called a circuit split.  But will the Court feel the need to intervene?  Hard to say.   We're going to see an increasing spli

RE: The Roberts Court

2006-07-25 Thread Lupu
PROTECTED] On Behalf Of > > Friedman, Howard M. > > Sent: Tuesday, July 25, 2006 12:18 PM > > To: Law & Religion issues for Law Academics > > Subject: RE: The Roberts Court > > > > I would think that the Mt. Soledad Cross case might get to the > > C

RE: The Roberts Court

2006-07-25 Thread Douglas Laycock
Title: Re: The Roberts Court I would also add that he won't change his vote on the creche in Allegheny County.   Douglas Laycock Alice McKean Young Regents Chair in Law The University of Texas at Austin   Mailing Address: Prof. Douglas Laycock University of Michigan Law School

Re: The Roberts Court

2006-07-25 Thread Ed Brayton
Volokh, Eugene wrote: I was thinking about the Mt. Soledad case, but it may not be optimal from the conservatives' viewpoint, since it's an overtly Christian symbol. The line Scalia drew in the Ten Commandments cases seemed to be between the Christian symbols and Judeo-Christian-Muslim(

RE: The Roberts Court

2006-07-25 Thread Volokh, Eugene
Friedman, Howard M. > Sent: Tuesday, July 25, 2006 12:18 PM > To: Law & Religion issues for Law Academics > Subject: RE: The Roberts Court > > I would think that the Mt. Soledad Cross case might get to the Court. > Justice Kennedy has already granted a stay of the tri

RE: The Roberts Court

2006-07-25 Thread Friedman, Howard M.
ECTED] * -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Lupu Sent: Tuesday, July 25, 2006 12:32 PM To: Law & Religion issues for Law Academics Subject: RE: The Roberts Court All of the suggestions that have been made in response to this question

RE: The Roberts Court

2006-07-25 Thread Lupu
gt; distinction may be litigated soon. > > Tom Berg > University of St. Thomas School of Law (MInnesota) > > _ > > From: Marc Stern [mailto:[EMAIL PROTECTED] > Sent: Tue 7/25/2006 9:01 AM > To: Law & Religion issues for Law Academics > Subject: RE: The

RE: The Roberts Court

2006-07-25 Thread Berg, Thomas C.
University of St. Thomas School of Law (MInnesota) _ From: Marc Stern [mailto:[EMAIL PROTECTED] Sent: Tue 7/25/2006 9:01 AM To: Law & Religion issues for Law Academics Subject: RE: The Roberts Court I would add that an early Establishment Clause challenge to RLUIPA's land use p

Re: The Roberts Court

2006-07-25 Thread Hamilton02
Not that I would not welcome it, but I would be surprised to see one of the RLUIPA land use cases come before the Court this Term unless the issue is the standard under "substantial burden."  There has been far more activity on that issue than the constitutional issues in the courts of appea

Re: The Roberts Court

2006-07-25 Thread Ed Brayton
Volokh, Eugene wrote: I'd think that the government religious speech cases might be coming back, because the last attempted resolution (in the Ten Commandments cases) is likely to prove quite unadministrable, and because there's a decent chance that now there are five votes to jettison the en

RE: The Roberts Court

2006-07-25 Thread Marc Stern
Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Tuesday, July 25, 2006 9:45 AM To: Law & Religion issues for Law Academics Subject: RE: The Roberts Court I'd think that the government religious speech cases might

RE: The Roberts Court

2006-07-25 Thread Volokh, Eugene
I'd think that the government religious speech cases might be coming back, because the last attempted resolution (in the Ten Commandments cases) is likely to prove quite unadministrable, and because there's a decent chance that now there are five votes to jettison the endorsement test. Eu