Eugene is correct that the more private the program, the less obligation there
is to accommodate others. But I wasn't focusing on the TAPPS program. I was
trying to respond to Marci's more general question. The tournament organizers
in the Oregon case I referenced were state actors. In other cas
I wonder whether "religious liberty" is exactly the right term here, where
we're talking about access to a privately provided program, and one that is
hardly essential for life or livelihood. The question isn't just whether
Orthodox Jews are free to live as good Orthodox Jews, or even are free
Perhaps a topic worthy of its own dedicated thread: The phenomenon is
hardly unique to the evangelical movement. Doug is of course correct that
there are many lawyers and others, evangelical or otherwise, who do great
work on behalf of religious liberty "for all." I am increasingly
concerned, ho
I don't view these issues as absolute "Yes" or "No" questions. I think
tournament organizers should take the religious beliefs of participants into
account, but there will be situations where the cost to others of particular
accommodations will be too high for the requested accommodation to be g
Marty is right. but the problem is not limited to the right. The "left" is
completely unsympathetic to religious liberty claims in equality cases or
reproductive rights cases. Look at hosanna tabor or christian legal
society-the-latter struck me as an easy case the court got all wrong. but look
H.. Take off for the Jewish Sabbath and see what you miss - even on the
religion law listserve. Must be a good lawsuit in this somewhere, but I leave
it to Stern to figure out :)
Just an historical footnote Alan: The Puritans observed the Sabbath from
sundown Saturday until sundown Su
How would travel concerns affect this? Since Orthodox Jews
can't drive on the Sabbath, I assume they would often have to drive out during
the day Friday and stay over the Sabbath. Would that be an acceptable burden
on the students? Or would this itself be seen as a sufficient
That is what happens when I don't review before hitting send. What goes
without saying is that I disagree with Rick on this point! Our positions are
long known
Having said that, I clerked the year Smith was decided and I recently
obtained the Justices' papers on Smith and wrote an article
I speak about religious liberty at lots of CLEs for conservative Christian
lawyers and law students, and I try to tell them that religious liberty is a
lot like Franklin's view of the American Revolution--"We better all hang
together, or most assuredly we will all hang separately."
The cases in
Thanks Rick for your viewpoint. It does not answer
my constitutional or public policy question.
Marci
On Mar 3, 2012, at 2:02 PM, Rick Duncan wrote:
>
> This was clearly the right thing to do. An association of private religious
> schools should be eager to recognize religious liberty fo
I agree generally with Eugene's point--which I would generalize to just
about every situation--that "common sense," like many other such phrases
(certainly including "respect," or "the rule of law") is too capacious a term
to resolve most disputes. In this case, one would have to both unders
The "common sense" is what is often lacking and with a sense of fairness and
toleration. Apparently for the leaders of the TAPP "common sense" means
everyone is a Christian and all people have a Sunday sabbath. The lawyers
serve as educator to teach common sense and respect for other religions
Since I have so often -- and often vigorously -- disagreed with Rick, I thought
it appropriate to endorse his analysis and his use of the Franklin analogy.
Paul Finkelm
Connected by DROID on Verizon Wireless
-Original message-
From: Rick Duncan
To: Law & Religion issues for Law Academ
It seems clear that the TAPP leaders should have agreed to this scheduling
change when the problem was brought to their attention.
I wonder what the common sense solution is for football season, during which
the different levels of football may create a problem. High school games
typically are
This was clearly the right thing to do. An association of private religious
schools should be eager to recognize religious liberty for everyone.
Prof. Rick Duncan (Nebraska Law)
See my recent paper on The Tea Party, federalism, and liberty at:
http://ssrn.com/abstract=1984699
"And against t
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