Re: A note about the Atheist Legal Center, or at least its founder

2005-12-13 Thread Ed Brayton

Larry Darby wrote:


Thank you to all who have expressed an interest in restoring good
government to Alabama - and the United States of America, for Americans
for a change!



I am reminded of an old Albert Brooks comedy bit from the early 70s 
where he says that radio disc jockeys are endowed with the ability to 
turn anything negative into a compliment, totally oblivious to the 
reality that people are in fact insulting them:


You suck
Thank you, you're beautiful!
I said you suck
I said thanks!

Ed Brayton
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Re: A note about the Atheist Legal Center, or at least its founder

2005-12-13 Thread Paul Finkelman
I wonder if Mr. Darby's anti-Semitic self-promotion really belongs on 
this list serve?


Larry Darby wrote:


Thank you to all who have expressed an interest in restoring good
government to Alabama - and the United States of America, for Americans
for a change!

Those persons who want to stay abreast of current events dealing with
our Zionist-Occupied Government and other current events regarding the
global endeavors of traditional enemies of Free Speech, I am proprietor
of the Atheist Daily News, the publication of record for the community
of reason.

A year's subscription is only $52.00 and may be mailed to Atheist Daily
News, P O Box 3722, Montgomery, AL  36109.

I am no longer an officer of the Atheist Law Center, Inc. but it, too,
has a daily publication, the Atheist Daily Briefing.  Those wishing to
subscribe to it may do so by going to this link:
http://www.atheistlaw.org/news-subscribe.cfm. It is edited by John
Nielsen of Jackson, Mississippi.

There is little overlap of stories covered. Some people get both
publications.

You may also make a tax deductible contribution to the Center by
clicking on the Donate icon at the top of the web page.

Thank you all for your interest and continued support for the
constitutional principle of separation between religion and government
(not the misguided separation of church and state response to
politically correct preferentialism or government accommodation of
non-Christian religion).

Larry Darby



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Larry Darby
Sent: Monday, December 12, 2005 1:23 PM
To: 'Law  Religion issues for Law Academics'
Subject: RE: A note about the Atheist Legal Center, or at least its
founder

Eugene, thanks for the publicity!  My campaign address is:

Larry Darby for Attorney General
P O Box 3722
Montgomery, AL  36109

There is no limit on contributions from individuals.

Larry

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
Sent: Monday, December 12, 2005 1:11 PM
To: Law  Religion issues for Law Academics
Subject: A note about the Atheist Legal Center, or at least its founder

Since people on this list specialize in the law of government
and religion, they might be interested in the activities of the Atheist
Legal Center, and might even be inclined to work together with them on
some matters.  (I would have been one such, on certain subjects.)

Given this, I thought I'd pass along an item I posted about the
Atheist Legal Center's former president and Alabama Attorney General
candidate Larry Darby -- who, by coincidence, has also participated on
this list.  Mr. Darby has stepped down as the head of the Center in
order to run for AG, so perhaps his replacement does not share the views
I describe below.  On the other hand, his having been involved in the
group, and the Center's having hosted David Irving while Mr. Darby was
president, makes me concerned about the group more broadly.

http://volokh.com/archives/archive_2005_12_11-2005_12_17.shtml#113441423
9

[Eugene Volokh, December 12, 2005 at 2:03pm] 0 Trackbacks / Possibly
More Trackbacks
Leading Atheist Legal Activist and Candidate for Alabama Attorney
General

Has Some Rather Interesting Views About Jews, Zionism, and the
Holocaust: Larry Darby is apparently a pretty prominent atheist legal
activist. He was the president of the Atheist Legal Center (though he
has since stepped down to run for public office); filed amicus briefs in
the Supreme Court's Ten Commandments cases on behalf of various atheist
groups and also on behalf of Scouting for All; ran the Alabama chapter
of American Atheists; got the Atheist of the Year award from American
Atheists; has been quoted in various newspapers, mostly in Alabama but
also elsewhere; and has appeared on various television programs in
connection with his opposition to Judge Roy Moore's actions related to
the Ten Commandments. Darby is now running in the June 2006 Democratic
primary for Alabama Attorney General - I suspect that he has little
chance of winning, but I take it that he'll want to use the race as a
platform for expressing his various views, which include juvenile law
reform and decriminalization of marijuana.

Mr. Darby also (1) apparently wrote that David Duke is right on with
the problem of Zionism and the Zionist-Occupied Government we live
under, (2) seems quite interested in whether media representatives who
contact him about such matters are Jewish, and (3) was substantially
involved in organizing a speech by noted Holocaust denier David Irving.

I first heard about this when an acquaintance of mine e-mailed me an
exchange that included Mr. Darby's Zionist-Occupied Government quote.
I then e-mailed Mr. Darby to verify the quote. (I had and still have no
reason to question my correspondent's veracity, but I thought that
checking would be a good idea.) The closest Mr. Darby came to denying
the accuracy of the 

Re: A note about the Atheist Legal Center, or at least its founder

2005-12-13 Thread Francis Beckwith
I second Paul's concern.

Frank

On 12/13/05 7:37 AM, Paul Finkelman [EMAIL PROTECTED] wrote:

 I wonder if Mr. Darby's anti-Semitic self-promotion really belongs on
 this list serve?
 
 Larry Darby wrote:
 
 Thank you to all who have expressed an interest in restoring good
 government to Alabama - and the United States of America, for Americans
 for a change!
 
 Those persons who want to stay abreast of current events dealing with
 our Zionist-Occupied Government and other current events regarding the
 global endeavors of traditional enemies of Free Speech, I am proprietor
 of the Atheist Daily News, the publication of record for the community
 of reason.
 
 A year's subscription is only $52.00 and may be mailed to Atheist Daily
 News, P O Box 3722, Montgomery, AL  36109.
 
 I am no longer an officer of the Atheist Law Center, Inc. but it, too,
 has a daily publication, the Atheist Daily Briefing.  Those wishing to
 subscribe to it may do so by going to this link:
 http://www.atheistlaw.org/news-subscribe.cfm. It is edited by John
 Nielsen of Jackson, Mississippi.
 
 There is little overlap of stories covered. Some people get both
 publications.
 
 You may also make a tax deductible contribution to the Center by
 clicking on the Donate icon at the top of the web page.
 
 Thank you all for your interest and continued support for the
 constitutional principle of separation between religion and government
 (not the misguided separation of church and state response to
 politically correct preferentialism or government accommodation of
 non-Christian religion).
 
 Larry Darby
 
 
 
 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] On Behalf Of Larry Darby
 Sent: Monday, December 12, 2005 1:23 PM
 To: 'Law  Religion issues for Law Academics'
 Subject: RE: A note about the Atheist Legal Center, or at least its
 founder
 
 Eugene, thanks for the publicity!  My campaign address is:
 
 Larry Darby for Attorney General
 P O Box 3722
 Montgomery, AL  36109
 
 There is no limit on contributions from individuals.
 
 Larry
 
 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
 Sent: Monday, December 12, 2005 1:11 PM
 To: Law  Religion issues for Law Academics
 Subject: A note about the Atheist Legal Center, or at least its founder
 
 Since people on this list specialize in the law of government
 and religion, they might be interested in the activities of the Atheist
 Legal Center, and might even be inclined to work together with them on
 some matters.  (I would have been one such, on certain subjects.)
 
 Given this, I thought I'd pass along an item I posted about the
 Atheist Legal Center's former president and Alabama Attorney General
 candidate Larry Darby -- who, by coincidence, has also participated on
 this list.  Mr. Darby has stepped down as the head of the Center in
 order to run for AG, so perhaps his replacement does not share the views
 I describe below.  On the other hand, his having been involved in the
 group, and the Center's having hosted David Irving while Mr. Darby was
 president, makes me concerned about the group more broadly.
 
 http://volokh.com/archives/archive_2005_12_11-2005_12_17.shtml#113441423
 9
 
 [Eugene Volokh, December 12, 2005 at 2:03pm] 0 Trackbacks / Possibly
 More Trackbacks
 Leading Atheist Legal Activist and Candidate for Alabama Attorney
 General
 
 Has Some Rather Interesting Views About Jews, Zionism, and the
 Holocaust: Larry Darby is apparently a pretty prominent atheist legal
 activist. He was the president of the Atheist Legal Center (though he
 has since stepped down to run for public office); filed amicus briefs in
 the Supreme Court's Ten Commandments cases on behalf of various atheist
 groups and also on behalf of Scouting for All; ran the Alabama chapter
 of American Atheists; got the Atheist of the Year award from American
 Atheists; has been quoted in various newspapers, mostly in Alabama but
 also elsewhere; and has appeared on various television programs in
 connection with his opposition to Judge Roy Moore's actions related to
 the Ten Commandments. Darby is now running in the June 2006 Democratic
 primary for Alabama Attorney General - I suspect that he has little
 chance of winning, but I take it that he'll want to use the race as a
 platform for expressing his various views, which include juvenile law
 reform and decriminalization of marijuana.
 
 Mr. Darby also (1) apparently wrote that David Duke is right on with
 the problem of Zionism and the Zionist-Occupied Government we live
 under, (2) seems quite interested in whether media representatives who
 contact him about such matters are Jewish, and (3) was substantially
 involved in organizing a speech by noted Holocaust denier David Irving.
 
 I first heard about this when an acquaintance of mine e-mailed me an
 exchange that included Mr. Darby's Zionist-Occupied Government quote.
 I then e-mailed Mr. Darby to verify the 

Re: A note about the Atheist Legal Center, or at least its founder

2005-12-13 Thread RJLipkin



Paul's query again 
raisesthe question of the List's purposes. My own view is that 
phrases like "Zionist-Occupied Government" and, in Paul's words,the 
speaker's "anti-Semitic self-promotion" do not belong on this List. I 
recognizeand admire Eugene's typical reluctance to censoremails 
posted to the List, but I do not see how such expressions have anything to do 
with a scholarly exploration of religion and government.

That said, perhaps 
censoring the speech gives the speaker a credibility he 
certainlylacks.

BobbyRobert Justin LipkinProfessor of LawWidener 
University School of LawDelaware
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Zionist-Occupied Government

2005-12-13 Thread Mark Graber
I confess to thinking zionist-occupied government no more out of
bounds than Protestant empire or claims that America is a Christian
nation.  I confess to think the later two more accurate, but do not
think the first the sort of hate speech that ought to ba banned from the
list.

Mark A. Graber, Zionist, presently out of power.

 [EMAIL PROTECTED] 12/13/05 9:38 AM 
Paul's query again  raises the question of the List's purposes.  My own
view 
is that  phrases like Zionist-Occupied Government and, in Paul's
words, the  
speaker's anti-Semitic self-promotion do not belong on this List. I  
recognize and admire Eugene's typical reluctance to censor emails 
posted to the 
List, but I do not see how such expressions have anything to do  with a
scholarly 
exploration of religion and government.
 
That said, perhaps  censoring the speech gives the speaker a 
credibility he  certainly lacks.
 
Bobby

Robert Justin Lipkin
Professor of Law
Widener  University School of Law
Delaware

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Hmmm, Atheist Law Center, Eh?

2005-12-13 Thread Jlof
I wonder if Mr. Darby's effort is not redundant. Do we not already have the 
ACLU, ABA and the three branches of our national government which are, de 
facto, operating atheists? Just wondering...John Lofton, Editor, 
TheAmericanView.com and Recovering Republican...Also, an interviewer of Mr. 
Darby re: the Roy Moore case, the audio of which may soon be posted on our 
page...
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Re: Can a murderer ever be redeemed?

2005-12-13 Thread Alan Armstrong
When I think of a criminal being redeemed, I think of the thief on the cross
who said that We are getting the just rewards for our deeds.

I believe that St Augustine of Hippo did not want to execute heretics, but
wanted to give them an opportunity to turn from their wicked ways.

If a person is redeemed, we should see some fruits of that redemption. Full
disclosure of the crime, an attempt at restitution, and trying to do good
works from then on. The Bible has several examples of people who committed
murder (Moses, David) and were redeemed.

Alan Armstrong


Law Office of Alan Leigh Armstrong
Huntington Beach, California






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Re: Can a murderer ever be redeemed?

2005-12-13 Thread AAsch




In a message dated 12/12/2005 8:40:08 PM Pacific Standard Time, 
[EMAIL PROTECTED] writes:
Does 
  that mean that it is illegitimate to base one's opposition tocapital 
  punishment on it (or, for that matter, a literal, albeitdebatable, reading 
  of "Thou Shalt Not Kill"), or, conversely, that it isillegitimate to base 
  one's support for capital punishment on a biblicalnotion of 
  "eye-for-an-eye" retribution? sandy 

Actually, last week, the 9th Circuit held that that an "eye-for-an-eye" is 
notjust a"biblical notion," but, rather, is "the kind of common 
knowledge which most jurors are presumed to possess."

SeeFields v. Brown, --- F.3d , 2005 WL 3312690 (9th Cir. 
2005) quoting Rodriguez v. Marshall, 125 F.3d 739, 745 (9th Cir. 
1997), overruled on other grounds, Payton v. Woodford, 299 F.3d 815, 
828-29  n.11 (9th Cir. 2002) (en banc) in PDF format at:

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7E25D17285077CC6882570D0007BCC23/$file/0099005.pdf?openelement

Allen
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From the list custodian re: viewpoints, wording, fund-raising, and subject matter

2005-12-13 Thread Volokh, Eugene
Folks:  My general approach to this list has been to allow all
viewpoints, though to insist that the viewpoints be framed in as polite
a way as possible given the nature of those viewpoints.  This includes
anti-Semitism, anti-Protestantism, anti-evangelical-Christianity,
anti-Catholicism, and the like.  It seems to me that we should deal with
those viewpoints either by arguing against them, or by ignoring them, as
may seem more suitable to the occasion and to the offender.  (I
personally am more inclined to ignore Mr. Darby than to pay further
attention to him on this list.)

And while calling America Zionist-Occupied Government is
surely a mark of anti-Semitism, it isn't a particularly rude way of
expressing the opinion (however loathsome and foolish the opinion might
be); if we are to maintain the rule that no viewpoints are excluded from
the list, there seems to be no benefit in trying to channel Mr. Darby's
anti-Semitism into other terms.

As to other matters:  Fund-raising for one's political campaign
is indeed not allowed on this list.  Occasional mentions of one's
published work, including explicit or implicit suggestions that one buy
it, are allowed, though it's important to keep them occasional.

General criticisms of alleged Zionist influence on American
government strike me as related to politics and ethnicity rather than to
religion, and are thus off-topic; references that are more closely
connected to the law of government and religion are not off-topic, again
no matter how reprehensible the views may be.  As to Mr. Darby's most
recent post about Zionist influence, I opened the door to some degree of
this in my earlier post criticizing Mr. Darby (a post that I think was
on-topic because it described the character of someone who is a not
insignificant legal player in law-of-government-and-religion debates).
It seems to me that he's entitled to react for a few posts, though after
a while I'll have to return to insisting that the connection of the
arguments to the law of government and religion be stronger.

Eugene
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Further from the list custodian

2005-12-13 Thread Volokh, Eugene
I am reluctant to allow certain viewpoints on the list and
forbid other viewpoints based on how many people were lynched or
murdered in this country owing to those viewpoints.  (Incidentally,
there have fortunately been relatively few Jews -- not none, but
relatively few -- lynched or murdered in this country because they were
Jewish.)

Eugene


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Paul Finkelman
Sent: Tuesday, December 13, 2005 7:35 AM
To: Law  Religion issues for Law Academics
Subject: Re: Zionist-Occupied Government


Mark, the difference might be that Protestant Empire is pretty vague
and has never been used as a code word for persecution.  I can't recall
any instances where Protestants have been lynched or murdered in this
country in anti-Protestant crusades (at least since the Puritans
stopped hanging Quakers in the 1670s)   The persecutin of  Baptists in
Virginia in the 1780s did not lead to killings.  Even in Europe, it has
been at least a 300 years since Protestants were attacked and murdered
for their faith.  Darby's language is a code wordor hatred and bigotry
and is a form of hate speech.  Under our First Amendment Darby has a
constitutional right to be a bigot and a hate monger; he is free to
dress up in a sheet or wear arm bands or both, but that does not mean we
should provide a forum for his hatred and bigotry.  This is Eugene's
list, and he is free to tolerate Darby's hate-mongering if he wishes,
but I do think there is a difference between Darby language and the
examples you offer.

Paul Finkelman

Mark Graber wrote:

I confess to thinking zionist-occupied government no more out of
bounds than Protestant empire or claims that America is a Christian
nation.  I confess to think the later two more accurate, but do not
think the first the sort of hate speech that ought to ba banned from the
list.

Mark A. Graber, Zionist, presently out of power.

  
[EMAIL PROTECTED] 12/13/05 9:38 AM 

Paul's query again  raises the question of the List's purposes.  My own
view 
is that  phrases like Zionist-Occupied Government and, in Paul's
words, the  
speaker's anti-Semitic self-promotion do not belong on this List. I  
recognize and admire Eugene's typical reluctance to censor emails 
posted to the 
List, but I do not see how such expressions have anything to do  with a
scholarly 
exploration of religion and government.
 
That said, perhaps  censoring the speech gives the speaker a 
credibility he  certainly lacks.
 
Bobby

Robert Justin Lipkin
Professor of Law
Widener  University School of Law
Delaware

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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]
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RE: Can a murderer ever be redeemed?

2005-12-13 Thread Volokh, Eugene
I agree with Sandy that *this* aspect of the redemption inquiry
is indeed related to the law of government and religion.  (I anticipated
this in some measure when I wrote that we ought to discuss [the
redemption question] only to the extent that it touches on the law of
government and religion rather than suggesting that we ought not
discuss the question at all.)

Yet surely the answer is that it's perfectly legitimate for
people to base either their support or opposition to capital punishment
on religious justifications, just as it's legitimate for people to base
their opposition to murder, slavery, racism, and the like on religious
justification.  Am I mistaken?  Would some on this list argue otherwise?

Eugene

 -Original Message-
 From: [EMAIL PROTECTED] 
 [mailto:[EMAIL PROTECTED] On Behalf Of 
 Sanford Levinson
 Sent: Monday, December 12, 2005 8:43 PM
 To: Law  Religion issues for Law Academics
 Subject: RE: Can a murderer ever be redeemed? 
 
 
 I can understand Eugene's point, but let me try this 
 response:  We spend a lot of time arguing about the extent to 
 which explicitly theological notions should be allowed to 
 play a part in political decisionmaking. There are many 
 secular arguments both for and against capital punishment.  
 But it seems to me that the possibility-of-redemption 
 argument ultimately sounds, for many people, in a religious 
 sensibilty. Does that mean that it is illegitimate to base 
 one's opposition to capital punishment on it (or, for that 
 matter, a literal, albeit debatable, reading of Thou Shalt 
 Not Kill), or, conversely, that it is illegitimate to base 
 one's support for capital punishment on a biblical notion of 
 eye-for-an-eye retribution? 
 
 sandy 
 
 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] On Behalf Of 
 Volokh, Eugene
 Sent: Monday, December 12, 2005 11:23 PM
 To: Law  Religion issues for Law Academics
 Subject: RE: Can a murderer ever be redeemed? 
 
 Folks:  This is an interesting question, but it seems to me 
 that on this list we ought to discuss it only to the extent 
 that it touches on the law of government and religion.  (What 
 religious people should think about death penalty law 
 wouldn't, I think, quite qualify.)
 
 Eugene
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Re: Can a murderer ever be redeemed?

2005-12-13 Thread JMHACLJ




In a message dated 12/13/2005 1:20:06 P.M. Eastern Standard Time, 
[EMAIL PROTECTED] writes:
 
   Yet surely the answer is that it's perfectly legitimate forpeople 
  to base either their support or opposition to capital punishmenton 
  religious justifications, just as it's legitimate for people to basetheir 
  opposition to murder, slavery, racism, and the like on 
  religiousjustification. Am I mistaken? Would some on this list 
  argue otherwise?

Eugene, of course you are correct, so far as you take your point. 
There is no government orthodoxy, as I understand it, that may be imposed on the 
thinking of the People about matters of politics, religion, and the like (a 
separate fight, please, about the meaning of "imposed"). But what about 
when the question moves beyond support for or opposition to the death penalty to 
actual cases? What happens when people of faith enter the jury box?

What then are the constitutional strictures? If Venireman 
Smithmay basehis support for, or opposition to, the death penalty, 
on the teaching ofhis faith, how may the government modify its treatment 
of him in respect of that religious fount for his opinions and actions?

If, in honest answer during voir dire, heexpresses the view that the 
death penalty is illicit in all cases, based on that religious belief, must he 
be excused for cause? may he be excused for cause? 

If VeniremanSmith supports the death penalty for murder because of 
the teaching of his faith, must he be excluded from service while Venirewoman 
Jones be retained for service because her opinions on the death penalty are not 
traceable to religious teaching or faith?

May the Prosecutor (as I suspect is more likely) or the defense counsel 
inquire into religious faith with the intent and purpose of rooting out 
veniremen whose religious identity would likely predispose them in one way or 
another on the question of death?

Jim Henderson
Senior Counsel
ACLJ
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Re: Can a murderer ever be redeemed?

2005-12-13 Thread David E. Guinn
One can take this a step further and distinguish, as Rawls does, between 
constitutional /democratic contexts (where this type of public reasoning 
occurs) and the cultural background (where it does not.)  It becomes very 
problematic when the standards of public reason are applied to cultural 
background arguments or discourse.


Personally, I'm not sure I see such a bright line between the two and 
believe that cultural background arguments (such as about the 
religious/moral significance of redemtion) will inevitably spill over into 
an influence on legal/constitutional politics.


David

- Original Message - 
From: Sanford Levinson [EMAIL PROTECTED]

To: Law  Religion issues for Law Academics religionlaw@lists.ucla.edu
Sent: Tuesday, December 13, 2005 12:35 PM
Subject: RE: Can a murderer ever be redeemed?


A friendly amendment to Eugene's question is whether anyone on this list
subscribes to the philosopher Robert Audi's
View that conscientious citizens are required to engage in epistemic
abstinence by filtering out any arguments even in their own
consciousness that depend on religious presuppositions.  A more moderate
version is (one understanding of) John Rawl's argument that articulated
arguments must be made in a publicly accessible discourse that rules
out reference to inevitable religious arguments that many members of the
audience would find inaccessible.

Sandy



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
Sent: Tuesday, December 13, 2005 12:49 PM
To: Law  Religion issues for Law Academics
Subject: RE: Can a murderer ever be redeemed?

I agree with Sandy that *this* aspect of the redemption inquiry
is indeed related to the law of government and religion.  (I anticipated
this in some measure when I wrote that we ought to discuss [the
redemption question] only to the extent that it touches on the law of
government and religion rather than suggesting that we ought not
discuss the question at all.)

Yet surely the answer is that it's perfectly legitimate for
people to base either their support or opposition to capital punishment
on religious justifications, just as it's legitimate for people to base
their opposition to murder, slavery, racism, and the like on religious
justification.  Am I mistaken?  Would some on this list argue otherwise?

Eugene


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Sanford
Levinson
Sent: Monday, December 12, 2005 8:43 PM
To: Law  Religion issues for Law Academics
Subject: RE: Can a murderer ever be redeemed?


I can understand Eugene's point, but let me try this
response:  We spend a lot of time arguing about the extent to which
explicitly theological notions should be allowed to play a part in
political decisionmaking. There are many secular arguments both for
and against capital punishment.
But it seems to me that the possibility-of-redemption
argument ultimately sounds, for many people, in a religious
sensibilty. Does that mean that it is illegitimate to base one's
opposition to capital punishment on it (or, for that matter, a
literal, albeit debatable, reading of Thou Shalt Not Kill), or,
conversely, that it is illegitimate to base one's support for capital
punishment on a biblical notion of eye-for-an-eye retribution?

sandy

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh,
Eugene
Sent: Monday, December 12, 2005 11:23 PM
To: Law  Religion issues for Law Academics
Subject: RE: Can a murderer ever be redeemed?

Folks:  This is an interesting question, but it seems to me that on
this list we ought to discuss it only to the extent that it touches on



the law of government and religion.  (What religious people should
think about death penalty law wouldn't, I think, quite qualify.)

Eugene
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Re: Hmmm, Atheist Law Center, Eh?

2005-12-13 Thread Jlof
By saying, carefully, that the ACLU, ABA and the three branches of our national 
government are “de facto, operating” atheists I sought to head off the type of 
response below. Oh, well….So, please, let me, briefly, elaborate on what I 
meant by interspersing my comments among the comments of Ed Brayton. Thank you. 
John Lofton, Editor, TheAmericanView.com.


Mr. Brayton: I cannot let this go by without comment. I simply know too 
many members of the ACLU and the ABA who are Christian, Jewish, Muslim or 
another 
faith to buy the argument that these are de facto atheist organizations. 
Comment: Saying someone is a “de facto, operating” atheist means, of 
course, that it doesn’t matter what this individual says he is. What matters is 
how this person, in fact, operates. For example, most public school teachers 
are, personally, probably some kind of Christian. But, this does not mean the 
public schools are Christian. They are de facto, operationally, atheist. In 
addition, according to my faith, Biblical Christianity, Old and New Testaments, 
Jesus says it is by one’s fruits, actions, that one is known, not by what one 
simply says.
Mr. Brayton: Taking a strong policy on separation of church and state, 
as the ACLU does (sometimes too strong, in my view, but that's another matter), 
does not require that one be an atheist. 
   Comment: True. But, as the old joke goes, paraphrased for this context: 
You don’t have to be an atheist to believe what the ACLU believes re: 
church-state, but it helps.
Mr. Brayton: There is no atheist position on such questions, in fact, 
as you will also find atheists who favor an accomodationist view or even seek 
to have government endorse religion (Allan Bloom is one prominent example, as 
are many of his fellow Straussians). 
   Comment: Of course there are de facto, operating “atheist positions” on 
such questions – by which I mean Godless positions, positions which leave out 
entirely and ignore the God of the Bible and His Word.
Mr. Brayton: As for the three branches of our national government being 
atheist...I am tempted to denounce this as utter nonsense, but Prof. Volokh 
would no doubt say that's not being collegial enough for this list. But once in 
a while, you come across a statement that is so absurd that it would be 
perverse to pretend that it's not; I would politely suggest that this is one of 
them.
Comment:  Well, let’s see, please, if what I said is “utter nonsense” 
or “absurd.” In the New Testament, in Romans 13, 1-8, God tells us the purpose 
of civil government. It’s powers are ordained of God and our rulers are to be 
ministers of His Law. Do any of our three branches of national government 
acknowledge this verbally or actually strive to do God’s Will through applying 
His Word? No. 
Mr. Brayton: Can you name an atheist in Congress? If you can, I doubt 
you can name more than a handful. No one openly atheist could get elected in 
America or stay in office for long, for reasons Prof. Volokh spelled out 
yesterday based on public opinion polls. Our government is run almost 
exclusively by theists, mostly of the Christian variety, and has for a very 
long time.
  Comment: Not talking about anyone “openly atheist” but rather de 
facto, operational atheists. That being the case, I would say that virtually 
every member of Congress – de facto, operationally – is, in terms of their 
works, an atheist. I may, however, be wrong. Tell me, please, who in Congress 
says he believes about civil government what Romans 13:1-8 says and he acts 
like he believes this? When was the last time you heard a member of Congress 
oppose or endorse anything because it was against or in conformity to God’s 
view of civil government? Our government may, indeed, be run almost exclusively 
by “theists,” mostly Christians. But they are “Christian” in name only. We do 
not have a Christian government. Why? Because the so-called “faith” of these 
“Christians” is not applied to their works. And this means their 
“Christian/theistic” faith is DEAD because Scripture says a “faith” which 
produces no “works” is dead, no faith.
Finally, a footnote on my use of the word “atheist.” It is my not really 
Biblically accurate shorthand for an unbeliever, meaning one who is not a 
Bible-believing (OT  NT) Christian. St. Paul, in Romans 1:18ff, makes it clear 
that ALL men know there is a God; some worship Him, others don’t and hold down 
this truth (that there is a God) in unrighteousness. Thus, strictly speaking, 
there is no such thing as an “atheist” – meaning a person who really believes 
there is no God.





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Re: Hmmm, Atheist Law Center, Eh?

2005-12-13 Thread Will Linden
This sounds chillingly like the Stalinist insistence that people deserved
to be purged because they were objectively counter-revolutionary. And
serves handily for labeling whoever the speaker has decided to dislike as
objectively fascist or objectively racist, or perhaps even
objectively Christian.



 Mr. Brayton: I cannot let this go by without comment. I simply
 know too many members of the ACLU and the ABA who are Christian,
 Jewish, Muslim or another
 faith to buy the argument that these are de facto atheist organizations.
 Comment: Saying someone is a “de facto, operating” atheist
 means, of course, that it doesn’t matter what this individual
 says he is. What matters is how this person, in fact, operates.

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RE: Zionist-Occupied Government

2005-12-13 Thread Mark Graber
I confess to agreeing more with Eugene than Michael on this one.  First,
one can equate, say Zionism with Nazism on various grounds without
anyone taking offense.  Both are nouns, both are names for political
movements.  This does not strike me as offensive, even though I am a
Zionist who regards Nazism as evil.  And all I mean to say is that
people ought to be as free on this list to make arguments that the
American government is dominated by Zionists as they are to claim that
the United States is a Protestant Empire.  Michael may even remember
that, while finding all arguments for the former utterly unconvincing, I
am fairly sympathetic with the latter.  The issue is strictly what may
be said, not the truth value of assertions and, for better or worse,
while I think kike clearly crosses the line, my line is not crossed by
calling the U.S. Government Zionist dominated, however mistaken I
think that may be, and however ghastly the history of that accusation
has been.

Mark A. Graber

 [EMAIL PROTECTED] 12/13/05 2:48 PM 
You are way off the mark, unless you mean to criticize the dominant
school of American religious historiography, including people like
Martin Marty and Sydney Ahlstrom, among others, who routinely referred
to America as a Protestant Empire.  You don't think that I invented the
term out of whole cloth, do you?  (By the way, as near as I can tell,
the term fist appeared in the 1840s through the pen of Rev. Robert
Baird, an American Calvinist preacher, in a book he wrote styled
Religion in the United States of America, first published in Glascow in
1844.  Baird, for better or worse is reckoned by some as one of the
founders of that historiography, a historiography that was dominant for
well over a century.)

Equating zionist-occupied government with Protestant Empire is
unacceptable and I take great personal offense.  It is like equating
Nazism and laissez-faire Capitalism, both being theories of political
organization.  And it is equally offensive.


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Re: Hmmm, Atheist Law Center, Eh?

2005-12-13 Thread ArtSpitzer

In a message dated 12/13/05 2:42:31 PM, [EMAIL PROTECTED] writes:

St. Paul, in Romans 1:18ff, makes it clear that ALL men know there is a God; some worship Him, others don’t and hold down this truth (that there is a God) in unrighteousness. Thus, strictly speaking, there is no such thing as an “atheist” – meaning a person who really believes there is no God.

Yes; as many atheists have long understood, no one *really* believes in God, many people just think they believe that.  :)

Art Spitzer (ACLU) (does not believe himself to be an atheist)
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Hmmm, Atheist Law Center, Eh?

2005-12-13 Thread Perry Dane

Hi,

In one sense, John Lofton's notion of operational atheism 
has much more to it than meets the eye.  Consider, for example, the 
views of Radical Orthodox Christian theologians (e.g., John 
Milbank) and some other important post-liberal contemporary 
Christian thinkers (e.g., Stanley Hauerwas) who tend to take the view 
that much of modernity, including the underpinnings of our social 
science, the basis of our economic system, and the assumptions of our 
political theory, are profoundly at odds with the world-view of the 
Bible.  If you're looking for an uncompromising, 
religiously-inspired, critique of the operational assumptions of 
our government and society, this is it.


Significantly, though, these thinkers are _not_ sympathetic 
to the so-called religious right.  To the contrary, they tend to 
find much of the religious right agenda to be either beside the 
point or perniciously Constantinian. Moreover, to the extent that 
they have public policy views (though they dislike the term), they 
tend to focus on issues such as justice for the poor (and skepticism 
about capitalism) or, in Hauerwas's case, an uncompromising 
opposition to war.


So, at the end of the day, Ed Brayton is also profoundly 
right to point out that staunch religious believers can end up taking 
what might, in crude shorthand, be called the ACLU position on many 
of the issues that divide us, while proud atheists (including many 
neoconservatives) can easily take what might loosely be called the 
anti-ACLU position.


The interesting question, though, is why this is, at least 
in popular discourse, so little noticed and appreciated.


Perry




***
Perry Dane
Professor of Law

Rutgers University
School of Law  -- Camden
217 North Fifth Street
Camden, NJ 08102

[EMAIL PROTECTED]
www.camlaw.rutgers.edu/bio/925/

Work:   (856) 225-6004
Fax:   (856) 969-7924
Home:   (610) 896-5702
***


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Re: Hmmm, Atheist Law Center, Eh?

2005-12-13 Thread Ed Brayton

[EMAIL PROTECTED] wrote:

   Comment:  Well, let’s see, please, if what I said is “utter nonsense” or “absurd.” In the New Testament, in Romans 13, 1-8, God tells us the purpose of civil government. It’s powers are ordained of God and our rulers are to be ministers of His Law. Do any of our three branches of national government acknowledge this verbally or actually strive to do God’s Will through applying His Word? No. 



I'm sorry, I had no idea I was dealing with someone who thinks that any 
government that is not explicitly theocratic is de facto atheist. Had 
I known that, I wouldn't have bothered to attempt to dissuade you of 
your views. And thank God (ironically) that so many other Christians (I 
mean de facto atheists) don't agree with you in that regard. Take care.


Ed Brayton
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RE: Zionist-Occupied Government

2005-12-13 Thread Richard Foltin



I 
concur.

The reference to "ZOG" evokes a view of Jewish conspiracy and influence 
that is simply a more current version ofthe "history" recited in the 
fraudulent Protocols of the Elders of Zion -- and has no more place in civil 
discourse.

Richard


From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED] On Behalf Of Perry 
DaneSent: Tuesday, December 13, 2005 4:05 PMTo: 
religionlaw@lists.ucla.eduSubject: Zionist-Occupied 
Government
The 
problem, though, is that the term "Zionist-occupied government" does not just 
evoke a factual claim, true or untrue. Nor is it just an 
"accusation." Rather, it is a specific anti-Semitic code phrase, which 
originated with certain specific, radical, anti-Semitic groups, and has, for 
them and others, a specific anti-Semitic meaning. I can easily see 
an argument for allowing all forms of language into a forum like this, including 
"kike." But, if lines are going to be drawn, then ZOG seems to me to be on 
the same side of the line as 
"kike."There 
is, of course, a larger conversation brewing here about the relationship between 
literal meaning and contextual understanding. But I'll let 
others pick up that baton if they 
like. 
 
 
PerryP.S.After 
I pushed the "send" button, my Eudora e-mail program just warned me that the 
term "Zionist-occupied government" might be considred offensive, and that I 
should reconsider using it in my e-mail. 
Aha.Mark Graber wrote:
The issue is strictly what
may
be said, not the truth value of assertions and, for better or worse,
while I think "kike" clearly crosses the line, my line is not
crossed by
calling the U.S. Government "Zionist dominated," however
mistaken I
think that may be, and however ghastly the history of that accusation
has
been.
***Perry 
Dane 
 
 
Professor of 
LawRutgers University School of Law -- 
Camden 
217 North 
Fifth StreetCamden, NJ 08102 
 
 
[EMAIL PROTECTED]www.camlaw.rutgers.edu/bio/925/Work: 
(856) 225-6004Fax: (856) 
969-7924Home: (610) 
896-5702***
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Re: Hmmm, Atheist Law Center, Eh?

2005-12-13 Thread Jlof
I appreciate Prof. Dane's serious response to what I wrote. And, 
for-the-record, I would like to say that although I am a Bible-believing, 
Calvinistic, postmillennialst, I (we) are very critical of the so-called 
Religious Right because most of their leaders are Republican Party 
cheerleaders and not  first,Christian, leaders. See, please, our Mission 
Statement. May God bless us all -- as He does when we obey Him. John Lofton, 
Editor, TheAmericanView.com

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RE: Zionist-Occupied Government

2005-12-13 Thread Larry Darby








Neoconservative is
another code word for the Zionists (some Jews, some Jewish-Christians) who
dominate the US Government. Theyre Israel-firsters. The dominant
philosophy is Trotskyism. Dominionists is another term that covers those who put Israel first, as opposed to the US of A. A sure sign of an Israel-first is the
use of hate-based words such as anti-semite or anti-Jew
or anti-Israel  those are all terms of semantic terrorism
used to silence criticism of Judaism, its adherents or World Jewry, and US
foreign policy when the someone broaches the notion that Israel is a terrorist
state.



In short, talk of freedom
and democracy is not much different from the Jewish
communism of Karl Marx, Trotsky, Lenin, etc., all of who were Jewish. Godless Communism was
always a misnomer.



To understand the fallacy of calling
someone anti-semitic, its helpful to understand that semitic
refers to a group of African-Asian languages, not Jews or any religion. Arabic,
Ethiopic, Hebrew are just 3 of several semitic languages. Semantic terrorists who throw out the
hate-based word anti-semitic are simply engaging in an offensive
maneuver to stifle discussion.



These are good sites to explore:



http://www.jewishtribalreview.org/



http://www.jewishtribalreview.org/wvr.htm
(When Victims Rule)



http://judicial-inc.biz/False_Flags_summary.htm



http://judicial-inc.biz/1_master_supreme.htm



I suspect most people who are
anti-Gentiles can explore the sites without dislodging any bigotry.



















-Original Message-
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Perry Dane
Sent: Tuesday, December 13, 2005
3:05 PM
To: religionlaw@lists.ucla.edu
Subject: Zionist-Occupied
Government



The
problem, though, is that the term Zionist-occupied government does
not just evoke a factual claim, true or untrue. Nor is it just an
accusation. Rather, it is a specific anti-Semitic code
phrase, which originated with certain specific, radical, anti-Semitic groups,
and has, for them and others, a specific anti-Semitic meaning. I
can easily see an argument for allowing all forms of language into a forum like
this, including kike. But, if lines are going to be drawn,
then ZOG seems to me to be on the same side of the line as kike.

There is, of
course, a larger conversation brewing here about the relationship between
literal meaning and contextual understanding. But I'll let
others pick up that baton if they like.

 

Perry


P.S.After I pushed the send
button, my Eudora e-mail program just warned me that the term
Zionist-occupied government might be considred offensive, and that
I should reconsider using it in my e-mail. Aha.






Mark Graber wrote:




The issue is strictly whatmaybe said, not the truth value of assertions and, for better or worse,while I think kike clearly crosses the line, my line is notcrossed bycalling the U.S. Government Zionist dominated, howevermistaken Ithink that may be, and however ghastly the history of that accusationhasbeen.








***
Perry Dane 


Professor of Law

Rutgers University 
School of Law -- Camden

217 North Fifth Street
Camden, NJ 08102 



[EMAIL PROTECTED]
www.camlaw.rutgers.edu/bio/925/

Work: (856) 225-6004
Fax: (856) 969-7924
Home: (610) 896-5702
***






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RE: Zionist-Occupied Government

2005-12-13 Thread Larry Darby
Zionism is on target with both religion and government. That's
indisputable. Racism of Zionism is of Judaism, the Master Race or
people of the book or the chosen people.  One has to have one's head
buried in sand not to understand that the ongoing FBI, SEC, Senate, and
other investigations of certain people is all about ferreting out
criminal elements. There is a lot going on in the world and religion and
government surely is at least one aspect of it.

Eugene opened up this can of worms with a very poorly written,
inaccurate piece of non-journalism. I didn't. But ignorance of Zionism
and world around us is a problem in the US of A and this is a good way
to help some of you begin to open your eyes before it's too late.

Some other useful links are:

http://www.israelshamir.com/

http://www.normanfinkelstein.com/

http://www.marwenmedia.com/

http://www.marwenmedia.com/Articles.html

Don't blindly accept what Americans have been taught by politically
correct manipulators for decades. Check things out for yourself and then
decide.





-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of David Cruz
Sent: Tuesday, December 13, 2005 8:42 AM
To: Law  Religion issues for Law Academics
Subject: RE: Zionist-Occupied Government

On Tue, 13 Dec 2005, Larry Darby wrote:

 [snip]
 To understand the fallacy of calling someone anti-semitic, it's
helpful
 to understand that semitic refers to a group of African-Asian
 languages, not Jews or any religion. Arabic, Ethiopic, Hebrew are just
3
 of several semitic languages.  Semantic terrorists who throw out the
 hate-based word anti-semitic are simply engaging in an offensive
 maneuver to stifle discussion.
 [snip]

With all due respect, this 'technical' definition of semitic (or
anti-semitic) is just one usage commonly accepted today.  I suspect
that
many people who may never (have occasion to) use the term anti-semitic
nonetheless recognize its wide use in conversation (and print) to mean
One who discriminates against or who is hostile toward or prejudiced
against Jews (to quote the American Heritage Dictionary of the English
Language 4th edition, a compendium of actual usages).  I therefore see
no
fallacy and will not refrain from using anti-semitic (with or without
a
capital S or a hyphen) if I believe it relevant to a discussion of the
law
of government and religion, to which subject I hope *all* list members
will try closely to keep their posts.

David B. Cruz
Professor of Law
University of Southern California Law School
Los Angeles, CA 90089-0071
U.S.A.
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RE: Zionist-Occupied Government

2005-12-13 Thread Michael MASINTER
 On Tue, 13 Dec 2005, Larry Darby wrote:
 
  [snip]
  To understand the fallacy of calling someone anti-semitic, it's helpful
  to understand that semitic refers to a group of African-Asian
  languages, not Jews or any religion. Arabic, Ethiopic, Hebrew are just 3
  of several semitic languages.  Semantic terrorists who throw out the
  hate-based word anti-semitic are simply engaging in an offensive
  maneuver to stifle discussion.
  [snip]
 

And our zionist occupied government is actually run by a cabal of Utah
slot canyon hikers?


Michael R. Masinter 3305 College Avenue
Professor of LawFort Lauderdale, FL 33314
Nova Southeastern University(954) 262-6151 (voice)
Shepard Broad Law Center(954) 262-3835 (fax)
[EMAIL PROTECTED]   Chair, ACLU of Florida Legal Panel






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RE: Zionist-Occupied Government

2005-12-13 Thread Rita

 I think you (Mr. Graber) appear to be unaware
that the term used was not a neutral government
dominated by Zionists; it was the specific phrase
Zionist-Occupied Government.  This phrase was coined
by and is used exclusively by white-supremacist and
Neo-Nazi groups such as Aryan Nations, to refer to the
U.S. government, which they claim is completely
controlled by Jews.  They use the phrase
Zionist-Occupied Government with such frequency and
regularity that they have come to abbreviate it as
ZOG.  These organizations claim that Jews are not
white (whether or not they physically appear
Caucasian) and that they are not only controlling
America and the world, but are trying to eradicate
the white race (sic) and must be stopped by any means
possible.  Many of these neo-Nazis are members of
Christian Identity churches, which have racism and
anti-Semitism as core parts of their theology (Eve
mated with the serpent to produce the Jewish race
[sic]), which they seek to spread evangelically.  

 In short, the ZOG phrase has nothing to do with
arguing the merits of Zionism (used in the way
ordinary people would use the word, that is to say, as
meaning a believer in the founding principles of and
right to exist of the State of Israel).  The use of
ZOG, rather, indicates membership in, or at the very
least an affinity for the precepts of, certain
virulently racist and anti-Semitic groups which have
been linked to many violent crimes in the past few
years.

~Rita



--- Mark Graber [EMAIL PROTECTED] wrote:

 I confess to agreeing more with Eugene than Michael
 on this one.  First,
 one can equate, say Zionism with Nazism on various
 grounds without
 anyone taking offense.  Both are nouns, both are
 names for political
 movements.  This does not strike me as offensive,
 even though I am a
 Zionist who regards Nazism as evil.  And all I mean
 to say is that
 people ought to be as free on this list to make
 arguments that the
 American government is dominated by Zionists as they
 are to claim that
 the United States is a Protestant Empire.  Michael
 may even remember
 that, while finding all arguments for the former
 utterly unconvincing, I
 am fairly sympathetic with the latter.  The issue is
 strictly what may
 be said, not the truth value of assertions and, for
 better or worse,
 while I think kike clearly crosses the line, my
 line is not crossed by
 calling the U.S. Government Zionist dominated,
 however mistaken I
 think that may be, and however ghastly the history
 of that accusation
 has been.
 
 Mark A. Graber
 


  [EMAIL PROTECTED] 12/13/05 2:48 PM 
 You are way off the mark, unless you mean to
 criticize the dominant
 school of American religious historiography,
 including people like
 Martin Marty and Sydney Ahlstrom, among others, who
 routinely referred
 to America as a Protestant Empire.  You don't think
 that I invented the
 term out of whole cloth, do you?  (By the way, as
 near as I can tell,
 the term fist appeared in the 1840s through the pen
 of Rev. Robert
 Baird, an American Calvinist preacher, in a book he
 wrote styled
 Religion in the United States of America, first
 published in Glascow in
 1844.  Baird, for better or worse is reckoned by
 some as one of the
 founders of that historiography, a historiography
 that was dominant for
 well over a century.)
 
 Equating zionist-occupied government with
 Protestant Empire is
 unacceptable and I take great personal offense.  It
 is like equating
 Nazism and laissez-faire Capitalism, both being
 theories of political
 organization.  And it is equally offensive.
 


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