RE: RFRA and claimants' theories of complicity

2012-10-04 Thread Gaubatz, Derek
nlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Thursday, October 04, 2012 1:44 PM To: Law & Religion issues for Law Academics Subject: RE: RFRA and claimants' theories of complicity Of course when criminal law or tort law makes someone liability for co

RE: RFRA and claimants' theories of complicity

2012-10-04 Thread Gaubatz, Derek
knowing and worshipping our Lord Jesus Christ. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Thursday, October 04, 2012 1:44 PM To: Law & Religion issues for Law Academics Subject: RE: RFRA and claimants' theories

RE: RFRA and claimants' theories of complicity

2012-10-04 Thread Volokh, Eugene
the criminal law or tort law treats it as leading to liability, and RFRA law treats it as justifying a claim of substantial burden? Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu Sent: Thursday, October 04, 2012

Re: RFRA and claimants' theories of complicity

2012-10-04 Thread Ira Lupu
In these cases about landlord or employer liability or criminal complicity, the landlord or employer is denying complicity, and the law imposes objective standards to adjudicate the question. It would never be the case that the law would allow the landlord or employer to escape liability by saying

Re: RFRA and claimants' theories of complicity

2012-10-04 Thread Douglas Laycock
Eugene's analogies in the insurance context are hypothetical. Similar analogies in the landlord-tenant context are very real. If a tenant uses leased premises for prostitution, the landlord is responsible. There are California cases on this, and I don't think they are in any way unusual. But w

RFRA and claimants' theories of complicity

2012-10-04 Thread Volokh, Eugene
I continue to think that, when someone claims that a law substantially burdens their religious beliefs by requiring them to do something that they view as religiously wrong because it is complicit with evil, the question should be whether the claimant sincerely believes that theo