One additional note on this. Mike Paulsen reports the following:
http://www.nationalreview.com/bench-memos/398692/friends-and-enemies-conscience-and-its-enemies-michael-stokes-paulsen
As it happens, last spring *I* had been invited by the *Harvard Law Review
Forum *to review *Conscience and Its E
I doubt that most list members are very engaged in this tussle between Jim
Oleske and Robby George. George and his friends certainly seem very
engaged, though -- one might say they are more than a tad defensive in
their responses to Jim Oleske's rigorously argued (I repeat) review of
George's book
In response to Chip:
Perhaps I should let Eugene speak for himself, but I think he for the most part
thinks the Court got it right in Smith but also thinks a RFRA approach makes
sense. I suppose, though, that he (and others who take the same view) do not
agree with Justice Scalia that the judic
I do think Smith is right, but jurisdiction-by-jurisdiction
RFRAs (i.e., the model we now have in many states and at the federal level
after City of Boerne) are sound, too, for reasons I discussed in my “Common-Law
Model” article. I don’t know what Robert George thinks.
