Re: Announcement: Scarpa Chair in Catholic Legal Studies

2003-09-29 Thread Newsom Michael
What a wonderful opportunity indeed! You will have no trouble finding somebody good. I am also envious from an institutional perspective. By that I mean that wish that my school had a religious mission and that it gave tangible and concrete expression to it in the way that your shop does. Best

Re: Religious freedom provisions and conscientious objection

2003-09-29 Thread Newsom Michael
Eugene, I find your observation fascinating. I don't know much about Title VII, but might there be a reason why Luken did not bring a Title VII claim? And if so, what might it be? For example, did he fail to exhaust his administrative remedies? -Original Message- From: Eugene Volokh

Re: Impersonating the Roman Catholic Church

2003-09-23 Thread Newsom Michael
Jim, your example in the second paragraph of your post below essentially assumes that one can, as a matter of private judgment or volition declare himself or herself to be a Roman Catholic. I am not sure that that is so. To declare that one is a Roman Catholic is to claim an affiliation with, to

Re: Impersonating the Roman Catholic Church

2003-09-23 Thread Newsom Michael
An earlier post recites much of what I would say here. I will grant that Catholics can celebrate mass. (After all, Anglo-Catholics have been doing precisely this for over 150 years, and Henrician Catholics (i.e. Catholics in the Church of England who accepted Henry VIII as the defender of the

Re: Impersonating the Roman Catholic Church

2003-09-23 Thread Newsom Michael
My answer would be no if the authority of the Roman Catholic Church held that he was not in communion with the See of Rome. -Original Message- From: Sanford Levinson [mailto:[EMAIL PROTECTED] Sent: Tuesday, September 23, 2003 12:00 PM To: [EMAIL PROTECTED] Subject: Re: Impersonating the

Re: Impersonating the Roman Catholic Church

2003-09-23 Thread Newsom Michael
is that there are excommunicated Catholics who still claim to be Catholic. Steve On Tuesday, September 23, 2003, at 11:34 AM, Newsom Michael wrote: Jim, your example in the second paragraph of your post below essentially assumes that one can, as a matter of private judgment or volition declare himself

Re: Impersonating the Roman Catholic Church

2003-09-23 Thread Newsom Michael
or a passing off sort of issue that the court could address, but the individual claim of an individual, even an excommunicated one, is, it seems to me, not, in the ordinary course of things, even cognizable by the court. Steve On Tuesday, September 23, 2003, at 01:09 PM, Newsom Michael wrote

Re: Impersonating the Roman Catholic Church

2003-09-23 Thread Newsom Michael
I want to respond just to one point. Claims (1) and (2) are the same for Roman Catholics. -Original Message- From: Berg, Thomas C. [mailto:[EMAIL PROTECTED] Sent: Tuesday, September 23, 2003 2:32 PM To: [EMAIL PROTECTED] Subject: Re: Impersonating the Roman Catholic Church Yes, I agree

Re: Impersonating the Roman Catholic Church

2003-09-22 Thread Newsom Michael
Oman raises a terribly important consideration: ecclesiastical organizational structure may control legal rights. An interesting take on this problem from a different perspective can be found in a law review article on the status of religions in Sweden. They have to register in order to receive

Re: Impersonating the Roman Catholic Church

2003-09-22 Thread Newsom Michael
The Roman Catholic Church is first and foremost a Eucharistic community. The sacraments generally, with the Eucharist at the center, are the heart and soul of that community. From the beginning, the Church has understood herself as a community. The great paradox of community, especially for a

Re: Wis. City Must Remove Religious Monument

2003-07-17 Thread Newsom, Michael
A vigorous application of the Public Trust doctrine would strike down the sale of public land in this instance, quite apart from EC concerns. -Original Message-From: Will Esser [mailto:[EMAIL PROTECTED]Sent: Tuesday, July 15, 2003 5:46 PMTo: [EMAIL PROTECTED]Subject: Re:

Re: Who Speaks For Children? Government? Or Parents?

2003-06-16 Thread Newsom, Michael
urden rule is a perfect example of such overreaching. -Original Message- From: Rick Duncan [mailto:[EMAIL PROTECTED]] Sent: Friday, June 13, 2003 2:17 PM To: [EMAIL PROTECTED] Subject: Re: Who Speaks For Children? Government? Or Parents? --- "Newsom,

Re: Teacher Fights for Right to Teach Religion After School

2003-06-11 Thread Newsom, Michael
: Re: Teacher Fights for Right to Teach Religion After School --- Newsom, Michael [EMAIL PROTECTED] wrote: If a disclaimer is enough, Rick, then I take it that you find no EC objection if the federal government decides to provide whopping amounts of financial assistance to Bahai's, but issues

Re: Substantial Burden Under Smith and Lukumi

2003-06-10 Thread Newsom, Michael
Title: RE: Substantial Burden Under Smith and Lukumi Tom's choice theory appears to have much to commend it. Government should not, as I understand the theory, steer people from or towards religion in general or from or towards a particular religion. The problem, however, is that I think that

Re: Woman Booted From Bus Files Suit

2003-06-09 Thread Newsom, Michael
Title: RE: Woman Booted From Bus Files Suit The lawsuit may or may not be interesting, but I would like to see the official text of the policy in question. -Original Message- From: Rick Duncan [mailto:[EMAIL PROTECTED]] Sent: Monday, June 09, 2003 2:15 PM To: [EMAIL PROTECTED]

Re: Administration Funding of Churches and Religious School Upkee p and Repair

2003-06-02 Thread Newsom, Michael
Title: RE: Administration Funding of Churches and Religious School Upkeep and Repair 1. David's claim about the importance of these Old City sites to all people is surely overblown. How can that possibly be true? How these sites are important to Hindus or Buddhists, or at least