Re: Augusta State University student sues school over requirement that she un...

2010-07-29 Thread Hamilton02
Yes, I believe my legal interpretation is correct, and I routinely criticize the legal academy for its orthodoxy especially in matters of constitutional law. Group-think is not a good thing in the academic universe. But we are not talking about academic freedom here. We are talking

Re: Augusta State University student sues school over requirement that she un...

2010-07-29 Thread Hamilton02
Yes, though there is also a question of the professional's intent to use the professional relationship as a basis for proselytizing beliefs. I know we are well beyond the case that started this thread, but it is a legitimate question, no? Marci In a message dated 7/29/2010

Re: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Lisa A. Runquist
On 7/28/2010 3:23 PM, Lisa A. Runquist wrote: If the person completed all of the requirements to obtain a degree, the degree should be granted, regardless of their religious beliefs. That would include allowing someone to graduate from medical school, even if they do not believe in blood

Re: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Steven Jamar
Many people do indeed pray to God on Sunday and prey on people on Monday. But many people believe in not separating their lives in that way. So, no. The refusal or inability to separate one's values from work should not bar someone from a job. Inability to do the job should. If one is

Re: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Marie A. Failinger
This subtext of this discussion (which I think applies to the refusing pharmacist and religious landlord cases as well, I think) challenges our common understanding about the meaning of public accommodation. Should it be the pre-Civil War definition, which centered around arbitrary refusals

RE: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Brownstein, Alan
I think Lisa Runquist draws an important distinction that clarifies the issue and its resolution. Excluding someone from professional education suggests that their beliefs, or more precisely the influence of their beliefs on their behavior, prevents them from providing competent professional

Re: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Lisa A. Runquist
Alan - Are not your caveats are satisfied by the fact that her clinical performance was apparently satisfactory? BTW, there have been clients that I, as an attorney, have declined to represent, as it has been obvious to me that, because their goals were so diametrically opposed to mine, I

Re: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Steven Jamar
As an athiest attorney, some of my most interesting clients were evangelical, fundamentalist, born again Christians (their description of themselves). They prayed for who should be their attorney and according to them, I was the chosen one. The story is in fact a bit more involved than that,

RE: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Brownstein, Alan
I intended my caveats to be general suggestions, not as concerns that might necessarily apply to the Augusta State student in this case. The fact that her clinical performance was satisfactory would certainly be strong evidence that the first caveat was satisfied. The second caveat is less

Re: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Lisa A. Runquist
Ah - but Mr. Hale had repeatedly violated the law (including a conviction for criminal trespass, resisting arrest, aggravated battery and carrying a concealed weapon) before applying for a license to practice law. Again,I would argue that it was not his beliefs, but his actions, that caused