Re: recommended Hobby Lobby posts

2014-02-23 Thread Marty Lederman
Apologies for the shameless self-promotion -- My contribution to the SCOTUSblog symposium is here: http://www.scotusblog.com/2014/02/symposium-how-to-understand-hobby-lobby/ I also have a couple of recent new posts up on Balkinization, concerning various matters in Hobby Lobby's brief; links to

RE: recommended Hobby Lobby posts

2014-02-21 Thread Gaubatz, Derek
titude from every language, people, tribe and nation knowing and worshipping our Lord Jesus Christ. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu Sent: Thursday, February 20, 2014 8:27 PM To: Law & Religion issues for Law Academics

Re: recommended Hobby Lobby posts

2014-02-21 Thread Ira Lupu
; > > To download my scholarly papers, please visit my SSRN > page<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=342235> > > > > Blogs: > > > > Prawfsblawg <http://prawfsblawg.blogs.com/> > > Mirror of Justice <http://mirrorofjustice.blogs.com

RE: recommended Hobby Lobby posts

2014-02-21 Thread Rick Garnett
onlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein Sent: Friday, February 21, 2014 1:22 AM To: Law & Religion issues for Law Academics Subject: RE: recommended Hobby Lobby posts These are very helpful responses, Chip. Let me try to use them to identify and clarify where I think we agr

RE: recommended Hobby Lobby posts

2014-02-20 Thread Alan Brownstein
s.ucla.edu] on behalf of Ira Lupu [icl...@law.gwu.edu] Sent: Thursday, February 20, 2014 3:44 PM To: Law & Religion issues for Law Academics Subject: Re: recommended Hobby Lobby posts Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights conte

Re: recommended Hobby Lobby posts

2014-02-20 Thread Ira Lupu
. School of Law > > > > > > > > > > > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Ira Lupu > *Sent:* Thursday, February 20, 2014 3:44 PM > > *To:* Law & Religion issues for Law Academics

Re: recommended Hobby Lobby posts

2014-02-20 Thread Greg Lipper
:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu Sent: Thursday, February 20, 2014 3:44 PM To: Law & Religion issues for Law Academics Subject: Re: recommended Hobby Lobby posts Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights contexts (

RE: recommended Hobby Lobby posts

2014-02-20 Thread Scarberry, Mark
issues for Law Academics Subject: Re: recommended Hobby Lobby posts Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights contexts (like free speech) where third party costs are present -- Religion is different. The Establishment Clause is a limit on the gove

Re: recommended Hobby Lobby posts

2014-02-20 Thread Ira Lupu
Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights contexts (like free speech) where third party costs are present -- Religion is different. The Establishment Clause is a limit on the government's power to authorize one party to act on religious belief

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
Alan: I'll let Chip speak for himself, but I don't think the relevant distinction is so much between employment cases and all others as it is between cases *in the commercial sector *(especially claims brought by for-profit enterprises) and all others. In *Piggie Park*, for example, the harm was

RE: recommended Hobby Lobby posts

2014-02-20 Thread Alan Brownstein
With regard to Jim's post (and Chip and Bob's piece), I appreciate the argument that in employment cases RFRA should be interpreted the same way that Title VII has been interpreted --- essentially denying all RFRA claims that would impose more than de minimis costs on third parties or the publ

RE: recommended Hobby Lobby posts

2014-02-20 Thread Douglas Laycock
: Thursday, February 20, 2014 1:49 PM To: Law & Religion issues for Law Academics Cc: Law & Religion issues for Law Academics Subject: Re: recommended Hobby Lobby posts As someone who was involved in RLPA in Congress from day one through many hearings, only a tortured reading of history supp

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
oyees and present as normal the option of killing >> innocent human beings. That's not my view of emergency contraception and >> IUDs, but it is theirs. >> >> >> >> I would not want a decision in *Hobby Lobby* limited to those facts, and >> I'm not

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marci Hamilton
view of emergency contraception and IUDs, but it >> is theirs. >> >> >> >> I would not want a decision in Hobby Lobby limited to those facts, and I’m >> not sure where I would draw the line. But no one in 1998 and 1999 was >> thinking about, or predicting

Re: recommended Hobby Lobby posts

2014-02-20 Thread James Oleske
;m not sure where I would draw the line. But no one in 1998 and 1999 was > thinking about, or predicting judicial reaction to, a case like this. > > > > Douglas Laycock > > Robert E. Scott Distinguished Professor of Law > > University of Virginia Law School > > 580 Massie Ro

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
us exercise. As in >> *Sherbert >> v. Verner*, that economic damage is a burden on the underlying >> religious exercise. >> >> >> >> *Third* is the testimony supporting RLPA in 98 and 99. I'll put that in >> a separate post. >> >> >> &

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
Third* is the testimony supporting RLPA in 98 and 99. I'll put that in a > separate post. > > > > Douglas Laycock > > Robert E. Scott Distinguished Professor of Law > > University of Virginia Law School > > 580 Massie Road > > Charlottesville, VA 22903 > >

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
t sure where I would draw the line. But no one in 1998 and 1999 was > thinking about, or predicting judicial reaction to, a case like this. > > > > Douglas Laycock > > Robert E. Scott Distinguished Professor of Law > > University of Virginia Law School > > 580 Massie Road &g

RE: recommended Hobby Lobby posts

2014-02-20 Thread Douglas Laycock
From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Wednesday, February 19, 2014 10:33 PM To: Law & Religion issues for Law Academics Subject: recommended Hobby Lobby posts I have some further posts up on Balkinization. More importantly, bot

RE: recommended Hobby Lobby posts

2014-02-20 Thread Douglas Laycock
From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Wednesday, February 19, 2014 10:33 PM To: Law & Religion issues for Law Academics Subject: recommended Hobby Lobby posts I have some further posts up on Balkinization. More importantly

recommended Hobby Lobby posts

2014-02-19 Thread Marty Lederman
I have some further posts up on Balkinization. More importantly, both Chip Lupu/Bob Tuttle and Doug Laycock have excellent posts up as part of the SCOTUSblog symposium, which I commend to all of you: Chip/Bob: http://www.scotusblog.com/2014/02/symposium-religious-questions-and-saving-construction