I agree, Mark. The facts are not necessarily what Bird alleges.
Rick
Mark Graber <[EMAIL PROTECTED]> wrote:
Mark Graber <[EMAIL PROTECTED]> wrote:
But, as I read the article, the crucial factual allegation were as
counsel reported them, the paper simply quotes Bird without commenting
on the accuracy of his allegations.
>>> [EMAIL PROTECTED] 08/29/05 2:31 PM >>>
Mark: Of course. We are relying on the news reports for the facts.
Litigation may tell a more complete or even a different story. And as I
said, Bird may win or Bird may lose. Even if the facts are as Bird
alleges, Bird may lose because the courts may decide to defer to the
University in the admissions process.
But if the facts are as the newspaper reports them, there are serious
issues about Fr Sp, Fr Ex, and perhaps even under the EC. I think we
agree on this much.
Rick
Rick Duncan <[EMAIL PROTECTED]>wrote:Date: Mon, 29 Aug 2005
11:28:39 -0700 (PDT)
From: Rick Dun! can <[EMAIL PROTECTED]>
Subject: Re: What Are the facts
To: Mark Graber <[EMAIL PROTECTED]>
Mark: Of course. We are relying on the news reports for the facts.
Litigation may tell a more complete or even a different story. And as I
said, Bird may win or Bird may lose. Even if the facts are as Bird
alleges, Bird may lose because the courts may decide to defer to the
University in the admissions process.
But if the facts are as the newspaper reports them, there are serious
issues about Fr Sp, Fr Ex, and perhaps even under the EC. I think we
agree on this much.
Rick
Mark Graber <[EMAIL PROTECTED]>wrote:
Professor Duncan writes:
"UC officials have decided to "single out one perspective, and turn down
these courses because of their Christian perspective," said Wendell
Bird, an Atlanta-based lawyer who filed the lawsuit in Los Angeles
federal court. "That is flat-out discrimination." "
! I am not sure this is that helpful.
1. I suspect most people would agree that if the UC system is behaving
as counsel describes, they are behaving unconstitutionally. I suspect,
by the way, that even Professor Duncan might agree that if the facts as
presented in the UC brief are 100% correct, then they ought to win.
2. I suspect most people would agree that in a very high percentage of
constitutional lawsuits, particularly at the district court level, if
the facts as alleged by one party ar correct, then that party ought to
win on the merits.
Mark A. Graber
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"When the Round Table is broken every man must follow either Galahad or
Mordred: middle things are gone." C.S.Lewis, Grand Miracle
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
numbered." --The Prisoner
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Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"When the Round Table is broken every man must follow either Galahad or
Mordred: middle things are gone." C.S.Lewis, Grand Miracle
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
numbered." --The Prisoner
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Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
