Direct aid to religious schools and institutions in general: there may be five votes now for the Thomas plurality opinion in Mitchell v. Helms that (at least) direct aid on an equal per-capita basis is permissible. The direct-aid vs. private-choice distinction has been relevant in litigation in the last five years with respect both to education programs (e.g. Columbia Union College, 4th CIr.) and to social services programs (e.g. Faith Works case, 7th CIr.), suggesting that a program that tested the contours or continuing validity of the distinction may be litigated soon. Tom Berg University of St. Thomas School of Law (MInnesota)
_____ From: Marc Stern [mailto:[EMAIL PROTECTED] Sent: Tue 7/25/2006 9:01 AM To: Law & Religion issues for Law Academics Subject: RE: The Roberts Court I would add that an early Establishment Clause challenge to RLUIPA's land use provisions seems likely, as does renewed litigation about charitable choice-i.e., the Iowa prison litigation. Perhaps too the Court will look at the growing split about the ministerial exception to Title VII. Marc Stern -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> ] On Behalf Of Volokh, Eugene Sent: Tuesday, July 25, 2006 9:45 AM To: Law & Religion issues for Law Academics Subject: RE: The Roberts Court I'd think that the government religious speech cases might be coming back, because the last attempted resolution (in the Ten Commandments cases) is likely to prove quite unadministrable, and because there's a decent chance that now there are five votes to jettison the endorsement test. Eugene ________________________________ From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> ] On Behalf Of Tepker, Rick Sent: Tuesday, July 25, 2006 5:38 AM To: religionlaw@lists.ucla.edu Subject: The Roberts Court What issues concerning the First Amendment's religion clauses are likely to be the earliest to come before the Roberts Court? I'd appreciate any predictions or guesses from the list. _______________________________________________ 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 <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. _______________________________________________ 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 <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.
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_______________________________________________ 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.
