RE: Religious exemptions in ND

2012-06-15 Thread Graber, Mark
May I suggest this is too strong. A great many constitutional rights increase to some degree the possibility that child abuse will occur, not be detected and not be adequately punished. Consider in this respect the Fourth and Fifth Amendments, at least as presently interpreted (and I suspect

RE: Religious exemptions in ND

2012-06-15 Thread Graber, Mark
To: Law Religion issues for Law Academics Subject: RE: Religious exemptions in ND Excellent points, both in the first paragraph and in the third. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Graber, Mark Sent: Friday, June 15, 2012

RE: Religious exemptions in ND

2012-06-15 Thread Graber, Mark
Ouch. This was obviously just meant for EV. On Friday afternoons, one should hesitate before hitting the send button. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Graber, Mark Sent: Friday, June 15, 2012 1:35 PM To: Law Religion issues

RE: Simple Hobby Lobby question

2014-06-12 Thread Graber, Mark
...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Graber, Mark Sent: Thursday, June 12, 2014 11:54 AM To: 'Law Religion issues for Law Academics' Subject: RE: Simple Hobby Lobby question Doug Laycock writes:.” Any burden on the employees is economic. They are not forced

RE: Town of Greece and coercion

2014-07-07 Thread Graber, Mark
At my college graduation (at a private college), the chaplain (after praising diversity to the hilt) asked us to stand up and shake each other’s hand as a way of thanking Christ for the day. I confess to not feeling coerced and have a sense, at least among my Jewish friends, that none felt

RE: Community membership and year of our Lord

2014-07-07 Thread Graber, Mark
Alternatively, you do what the dissenters in Greece tried to do. You can’t get rid of all Christian references in our culture for all sorts of reasons, good and bad. But you can try to engage in some line-drawing. The chaplain at my graduation went over any reasonable line that one might

RE: Is Discussion of Justices' Religion Off Limits?

2014-07-11 Thread Graber, Mark
One problem with religion at present is that it is very, very, very unclear whether religion is doing any work at all. Consider the obvious. The five most religious Catholics on the court were appointed by conservative Republican presidents. The three Jews and the least religious Catholic on

RE: science professor lecture

2014-09-30 Thread Graber, Mark
There is a sense in which the possibility exists that God created the world yesterday, gave us all certain memories, organized fossils so scientists might reasonably conclude the universe was older, and that all of us this, for reasons we humans cannot fathom, was for the good. I take it that

RE: Bishop John Hughes, Protestant Public Schools in New York, and Political Activity by Clergy

2014-12-25 Thread Graber, Mark
For those interested in the actual debates, the sacred Gillman, Graber, Whittington, Volume II has excerpts from John Hughes call for public support for Catholic Schools and the Episcopal response. Pages 230-34. I probably can send people a word version if interested.

RE: The racist prostitute hypothetical

2015-02-14 Thread Graber, Mark
I confess that I get off at the second paragraph (or the first substantive paragraph). My spouse is an excellent breadbaker and therapist. For a while, she just bakes for friends and only comforts friends and does so for friendship. Turns out all our friends are of the same race, religion,

RE: Can someone be legally obligated to have sex with people she's unwilling to have sex with?

2015-02-14 Thread Graber, Mark
] On Behalf Of Graber, Mark Sent: Saturday, February 14, 2015 2:49 AM To: Law Religion issues for Law Academics Subject: RE: The racist prostitute hypothetical I confess that I get off at the second paragraph (or the first substantive paragraph). My spouse is an excellent breadbaker and therapist

RE: The racist prostitute hypothetical

2015-02-15 Thread Graber, Mark
Dear All: This goes back in time a bit, but I have had a busy weekend and wanted to respond to those who wondered why I think the racist prostitute should be subject to anti-discrimination laws. One feature of several rights is that we do not allow people to commodify them, or at least

RE: Eugene's Blog Post on Liberals and Exemption Rights

2015-04-06 Thread Graber, Mark
May I suggest that we return to the decorum that has more often than not characterized this list. The best conclusion I can draw from the various emails is that the issues are more difficult to many of us than they appear to others and that RFRA is the classic example of a statue drawn with

And One vote for Cert Denied

2015-04-06 Thread Graber, Mark
I am wondering whether, on the assumption that the Supreme Court decides a constitutional right to same-sex marriage exists, the justices should for a five-ten year period adopt a policy of denying cert when cases arise raising the sort of issues we are discussing. Of course, the justices

RE: 8th Cir. upholds exclusion of religious schools from playground safety funds

2015-05-31 Thread Graber, Mark
One might note that under the free exercise clause and RFRA, churches are permitted to deny employees basic rights that are as a matter of law broadly available to persons employed elsewhere. This does not answer Eugene's question, but may diminish the rhetorical force somewhat.

RE: 8th Cir. upholds exclusion of religious schools from playground safety funds

2015-05-31 Thread Graber, Mark
to safety improvements that it offers children who go to secular schools? I don't really see the connection there. Eugene -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- boun...@lists.ucla.edu] On Behalf Of Graber, Mark Sent: Sunday, May 31

RE: What's happening in KY? -- my differences with Eugene

2015-09-07 Thread Graber, Mark
May I suggest that the way we handle this in practice is something like the follows: There is usually a lag between the time at which the law declares that no state shall discriminate against a particular group and the time in which it is recognized that no decent person could discriminate

RE: Research Queries

2015-12-29 Thread Graber, Mark
For what it is worth, pretty much all of the leading public law scholars (Whittington, Rogers Smith, Gillman, Epstein, Segal) have law review pices. Same for historians (Rakove, Cornell, etc). From: religionlaw-boun...@lists.ucla.edu

RE: Excluding religious institutions from public safety benefits

2016-01-18 Thread Graber, Mark
igionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> > [mailto:religionlaw- > boun...@lists.ucla.edu<mailto:boun...@lists.ucla.edu>] On Behalf Of Graber, > Mark > Sent: Sunday, January 17, 2016 11:15 AM > To: Law & Religion issues for Law Academic

RE: Excluding religious institutions from public safety benefits

2016-01-17 Thread Graber, Mark
For the record, my reform temple regularly held religious activities in the playground. A playground is a very good place for making religious points for 6 and 7 year olds. From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf

RE: Posts On Republican Convention

2016-07-19 Thread Graber, Mark
I take it that posts on the Republican Convention meets academic standards if at least 90% of the text is original. (snarky comment of the day) From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Friedman, Howard M.