My class discussed this problem of government funding of parochial schools
yesterday. Most retreated to the simplistic model of “don’t take the money if
you don’t want the conditions,” which isn’t very reflective about the deeper
and longer-term issues involved in financial interdependence be
Eugene, this seems to me to strike at the problem of finding parallels in
necessity in the criminal law sense with necessity in the constitutional
law LRA sense.
In a self-defense or necessity situation, the defendant needs to act on the
basis of very incomplete information, i.e., what he can see
) and budgetary issues (e.g. in claims for kosher or Halal
> diets). It seems to me that courts are fairly able to assess budgetary
> justifications. However I fear that they are less able to assess
> security concerns as they exist on the ground. If the court imposes
> truly strict scruti
I haven't read all of the background materials, but it seems to me a little
bizarre to worry about what one could hide in a 1/4, 1/2 or even 3 inch
beard given what one could hide in a typical prison uniform. If uniforms
are searched for contraband, why not beards? Seems like it would be much
eas
