Query from a lawyer

2009-05-05 Thread Volokh, Eugene
A lawyer who's working on an Establishment Clause case asked me this question, 
and I thought I'd pass it along:  I was wondering if you knew ... about any 
recent cases--on any level--or law review articles that do a particularly good 
job discussing the current state of the Lemon test.  I'm finding--and it seems 
like courts are finding--very confusing exactly what Agostini did to Lemon and 
how courts are applying Lemon-Agostini.  Any suggestions?  Thanks,

Eugene 
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Re: Query from a lawyer

2009-05-05 Thread Steven Jamar
LOL!

Sorry.  I know this is serious.  I feel his/her pain.  I have nothing to
offer to help.  But perhaps it may be of some comfort to the lawyer that at
least some of us who consider these matters with some frequency can't be
particularly helpful -- or if we are being helpful in some concrete way, we
can be pretty sure that others of equal or greater expertise will see it at
least 2 other ways.

Steve

On Tue, May 5, 2009 at 12:36 PM, Volokh, Eugene vol...@law.ucla.edu wrote:

 A lawyer who's working on an Establishment Clause case asked me this
 question, and I thought I'd pass it along:  I was wondering if you knew ...
 about any recent cases--on any level--or law review articles that do a
 particularly good job discussing the current state of the Lemon test.  I'm
 finding--and it seems like courts are finding--very confusing exactly what
 Agostini did to Lemon and how courts are applying Lemon-Agostini.  Any
 suggestions?  Thanks,

 Eugene
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 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.




-- 
Prof. Steven Jamar
Howard University School of Law
Associate Director, Institute of Intellectual Property and Social Justice
(IIPSJ) Inc.
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Re: Query from a lawyer

2009-05-05 Thread hamilton02
There is no reason for him to think he can find the holy grail of Lemon.  On 
these issues, litigators have to argue both/and, not either/or.

Marci
Sent from my Verizon Wireless BlackBerry

-Original Message-
From: Steven Jamar stevenja...@gmail.com

Date: Tue, 5 May 2009 14:05:07 
To: Law  Religion issues for Law Academicsreligionlaw@lists.ucla.edu
Subject: Re: Query from a lawyer


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