RE: Hostility

2005-08-23 Thread Sanford Levinson
For what it is worth, I find much to agree with in Rick's thoughtful posting below. The most fundamental question is at what point a society becomes so "pluralistic" and fragmented that it can no longer really be viewed as "our society," but, rather, a congeries of increasingly isolated

RE: Hostility

2005-08-23 Thread A.E. Brownstein
Yes. But I think I have been consistent with my comments on the religionlaw list in arguing for a more limited and traditional role for the public schools. Public schools should not be the source of all learning. But I'm not sure that it is the expansion of what is taught in school (sex

RE: Two kinds of purpose inquiries

2005-08-23 Thread A.E. Brownstein
I'll try to answer your question, Eugene. But, with respect, I'm not sure they are responsive to my point about using even difficult-to-apply tests to accomplish our goals -- if they are the best that we have. It seems to me the right question to ask is whether we are willing to accept the worst

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Newsom Michael
The facts are what they are. Many American students have been driven away from the natural sciences because of the overreaching of some religionists. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Monday, August 22, 2005 9:01 PM To: religionlaw@lists.ucla.edu

From the list custodian

2005-08-23 Thread Volokh, Eugene
Folks: No matter how much one thinks that the other side's arguments are pap and drivel, there's no benefit -- to one's own persuasiveness or to the level of list discourse -- in descending to insults like that, even when the insults are ostensibly used to describe arguments rather than

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Scarberry, Mark
Unfortunately, it seems likely that many students who are religious have been driven away from the sciences (in particular the biological sciences) by the anti-religious attitudes of some scientists. See, e.g., some of the statements quoted in today's NY Times at

RE: Two kinds of purpose inquiries

2005-08-23 Thread A.E. Brownstein
I don't want to belabor the point since no one else is joining this thread --- but let me take one more shot at explaining why I don't get Eugene's point -- despite his very good efforts to help me understand his position. Then I'll give him the last word and end the dialogue. Eugene writes:

RE: Two kinds of purpose inquiries

2005-08-23 Thread Michael MASINTER
Do Title VII and the religion clauses (the latter of course applied only to governmental employers) permit an employer to fire an employee for engaging in conduct that offends his religious beliefs? For an extreme example that answers the question no, see Venters v. City of Delphi, 123 F.3d 956

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Ed Darrell
In 2003 the Justice Department investigated a report of religious discrimination at Texas Tech University, where a popular and tough biology professor required students to pass his classes in biology before he'd write them a recommendation to medical school. He also required kids to explain

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Scarberry, Mark
Ed, We discussed that Texas Tech case at length on this list, IIRC (or it might have been on conlawprof). The professor required that students affirm a personal belief in evolution. He did not just require that they understand it. Mark S. Scarberry Pepperdine University School of

RE: Two kinds of purpose inquiries

2005-08-23 Thread Berg, Thomas C.
To follow up and agree with Eugene's argument, it seems to me that the text of Title VII requires that the employment action, to give rise to liability, must be based on the employee's religion rather than the supervisor's religious motive: the text prohibits discrimination against any

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Ed Darrell
Didn't mean to kick off a different fight. Yes, I know what Dini's website said originally -- quickly worded, and open to opportunistic misinterpretation by a publicity-seeking legal firm, but the fact remains that Dini asked only that kids explain the scientific version of evolution to indicate

RE: Hostility

2005-08-23 Thread Richard Dougherty
Alan: I agree with most everything you say here, and especially with your identification of some of the root problems which lead to making overwhelming demands on the public school sysytem. I ask, then, only because I don't know, when you would have been going through the school system that