RE: The Amish

2005-01-02 Thread Sanford Levinson
Title: RE: The Amish Avi Shick writes:       I guess one way to get at the question is whether you think that the result in Yoder should have been different because of theconduct described in the Legal Affairs article?  _ I have always found the

Re: The Voters Speak

2005-01-02 Thread Alan Brownstein
>From Doug Laycock's description, the Board did not allow the nativity scene, but permitted a Menorah and a Kwanza display. I read that to indicate that no other Christmas display was provided as a substitute for the nativity scene. If that is what occurred, I consider it an error of judgement

Re: The Amish

2005-01-02 Thread Steven Jamar
I doubt Yoder comes out the same today -- even with this Court. The advent of home schooling to state-set standards changes things substantially, I think. We now generally accept that the state may set certain standards for education up to a certain age -- though we do "allow drop-outs" -- and th

Re: The Amish

2005-01-02 Thread Paul Finkelman
Again, I speak for me, not Sandy.  I think that the Court did not find Kiryas Joel very attractive litigants and their request -- for state funds for their own school district -- seemed such an obvious violation of the establishment clause, while the Amish were just asking to be exempt from the

RE: The Amish

2005-01-02 Thread Avi Schick
Professor Levinson Thank you for your clarifications.I still don't see the constitutional dimension that is so clearly visible to you and Professor Finkelman. I guess one way to get at the question is whether you think that the result in Yoder should have been different because of the conduct

Re: The Amish

2005-01-02 Thread JMHACLJ
I thought about the possibility that the numbers were over/under reported as I listened to reports this last week on the death toll from the tsunamis following the Christmas evening earthquake.  Sometime around Monday, I started to hear stories that as many as 1/3 of those killed were children.  A

RE: The Amish

2005-01-02 Thread Sanford Levinson
-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Avi Schick Avi Shick raises the following questions: I'm somewhat confused by your statement that "even if the article is off by 50% with regard to the actual number of young women who are raped or othe

Re: The Amish

2005-01-02 Thread Paul Finkelman
I don't want to answer Sandy, but my sense of the constitutional issue is this:  Yoder was in part a result of C.J. Burger's assertions that the Amish were a quaint, quite, productive historical artifact that had survived into the 20th century and they needed to be left alone so they could pros

RE: The Amish

2005-01-02 Thread Avi Schick
Professor Levinson I'm somewhat confused by your statement that "even if the article is off by 50% with regard to the actual number of young women who are raped or otherwise abused by their fathers and, especially, brothers, it nevertheless states a powerful claim." Any abuse of the sort recoun

Re: The Voters Speak

2005-01-02 Thread Susanna Peters
Will Linden wrote: But surely this belief by "Christians" comes from the campaign of Jewish me-tooism as a response to the "December dilemna", along with performances of "Judas Maccabaeus" being mounted to compete with "The Messiah", and peddling of (Gah!) "Hanukkah bushes". All of which has n