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