RE: Response to Tom Berg (and others)

2013-12-02 Thread mallamud
, 2013 7:10 AM To: religionlaw@lists.ucla.edu Subject: Response to Tom Berg (and others) Thanks everyone for terrific comments. We are in the middle of the holiday(s) now, but I want to share some quick thoughts. Paul, speaking now just for myself, I agree with Chip's response to you, with one a

RE: Response to Tom Berg (and others)

2013-12-01 Thread Alan Brownstein
ms.) Alan From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Nelson Tebbe [nelson.te...@brooklaw.edu] Sent: Thursday, November 28, 2013 7:10 AM To: religionlaw@lists.ucla.edu Subject: Response to Tom Berg (and other

Response to Tom Berg (and others)

2013-11-28 Thread Nelson Tebbe
Thanks everyone for terrific comments. We are in the middle of the holiday(s) now, but I want to share some quick thoughts. Paul, speaking now just for myself, I agree with Chip's response to you, with one alteration. Doctrinally, I think the ministerial exception is grounded in the intimate re

RE: Response to Tom Berg (and others)

2013-11-27 Thread Alan Brownstein
.ucla.edu] On Behalf Of Nelson Tebbe Sent: Wednesday, November 27, 2013 6:07 AM To: religionlaw@lists.ucla.edu Subject: Response to Tom Berg (and others) Tom: Thanks so much for engaging with the piece so generously and skillfully. It's heartening that the Establishment Clause issues are

RE: Response to Tom Berg (and others)

2013-11-27 Thread Paul Horwitz
's general constitutional methods. For more, although I'm pretty clear in the post that it's a rough take, see here: http://prawfsblawg.blogs.com/prawfsblawg/2013/11/two-cases.html. Date: Wed, 27 Nov 2013 11:03:59 -0500 Subject: Re: Response to Tom Berg (and others) From: icl...@la

Re: Response to Tom Berg (and others)

2013-11-27 Thread Ira Lupu
Tom, Nelson, and Micah have very artfully and rigorously framed the relevant questions re: the role of third party harms and Establishment Clause concerns in the contraceptive mandate litigation. Paul's question was addressed to Nelson, but I would like to suggest an answer -- Hosanna-Tabor can an

Re: Response to Tom Berg (and others)

2013-11-27 Thread Paul Horwitz
Nelson, just on the third-party harm point, do you therefore think that Hosanna-Tabor was wrongly decided? Or do you think that it is something of a misnomer to treat a ministerial employee as a total "third party?" > On Nov 27, 2013, at 9:12 AM, "Nelson Tebbe" wrote: > > > > Tom: > > Than

Response to Tom Berg (and others)

2013-11-27 Thread Nelson Tebbe
Tom: Thanks so much for engaging with the piece so generously and skillfully. It’s heartening that the Establishment Clause issues are finally getting an airing—our only worry is that it may be too late for a proper briefing before the Supreme Court. But maybe some members of this list can h