RE: World Vision wins at 9th Circuit in religion-based firing case

Of interest, perhaps, to the issue of religious organizations arguing they are churches when there is no physical gathering for worship but virtual association. This in a federal tax context: http://mauledagain.blogspot.com/2010_08_01_archive.html#516058800787778219 This is a fairly brief exami

Pa. Blasphemy Law Struck Down

Sorry for cross-posting (conlawprof, religionlaw), not sure which list would have first "claim" to being the sole object of this message. >From http://www.law.com/jsp/article.jsp?id=1202463198055, which takes the >article from the Legal Intelligencer (of Phila). Here's the Headline, the first pa

RE: Another One to Watch

age - From: "James Maule" To: "Law & Religion issues for Law Academics" Sent: Tuesday, May 25, 2010 10:39:50 AM GMT -05:00 US/Canada Eastern Subject: RE: Another One to Watch Under the circumstances, the facts may end up being stipulated, fully, and surely at least in

RE: Another One to Watch

se arguments. Mark Scarberry Pepperdine From: religionlaw-boun...@lists.ucla.edu on behalf of James Maule Sent: Tue 5/25/2010 7:39 AM To: Law & Religion issues for Law Academics Subject: RE: Another One to Watch Under the circumstances, the facts may end up being

RE: Another One to Watch

issues for Law Academics Subject: RE: Another One to Watch I have trouble figuring out what a trial will look like. Marc Stern From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of James Maule Sent: Tuesday, May 25, 20

Another One to Watch

Freedom From Religion Foundation v. Geithner (E.D. Cal. No. 2:09-2894 WBS DAD May 21, 2010) At http://www.scribd.com/doc/31795117/FFRF-v-Geithner-5-10 "Freedom From Religion Foundation, Inc.

Mojave Cross

Stolen/vandalized http://www.cnn.com/2010/CRIME/05/11/mojave.cross.stolen/index.html?hpt=T1 Mojave cross at center of court fight reported stolen ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get p

RE: Connecticut bill

It is possible that they weren't thinking. Jim Maule -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Leigh Armstrong Sent: Tuesday, March 10, 2009 7:52 PM To: Law & Religion issues for Law Academics Subject: Re: Co

RE: Identifying Clergy Whose Marriage Ceremonies are Recognized by State

ere: http://www.bakersfield.com/138/story/644532.html Patrick Sternal James Maule wrote: Other than "that's the way it's been done," why does the state delegate its "marriage certification" powers? It's not done that way, for example, in France (everyone goe

RE: Identifying Clergy Whose Marriage Ceremonies are Recognized by State

They registered it with the county clerk. I made sure they understood they were really married and that if things ever went bad, they would need a real divorce. Quoting James Maule : > Excerpts from http://www.philly.com/philly/news/local/36966974.html > > Bucks judge approves unusual marri

Identifying Clergy Whose Marriage Ceremonies are Recognized by State

Excerpts from http://www.philly.com/philly/news/local/36966974.html Bucks judge approves unusual marriages By Dianna Marder Inquirer Staff Writer There was good news yesterday for Jason and Jennifer O'Neill, a Philadelphia couple whose 2005 Bucks County marriage had been thrown into question beca

RE: Sending Good News Club Fliers Home With Students

d distribute the flyers in all the classrooms. He didn't say whether the Jewish teachesr were insisting on their own view of the Establishmetn Clause, or making a claim of conscience, but this sounds like a reasonable accomodation to me. Quoting James Maule <[EMAIL PROTECTED]>: >

Sending Good News Club Fliers Home With Students

FYI, for what it's worth, perhaps of interest to someone writing about this issue. (Haverford Township is in Delaware County, just to the west of Philadelphia). Jim Maule Villanova University School of Law >From http://www.philly.com/philly/news/local/35457869.html Selected portions: Evangeli

RE: Can religious and secular courts exist in the same nation?

I have heard two anecdotes, but know of no reported decision, involving a similar situation in Roman Catholic canon law proceedings for an annulment. The pattern was the same. A Roman Catholic marries a non-Catholic in a Roman Catholic ceremony, with appropriate dispensation (which includes agre

Civil Trial over Ecclesiastical Issue

FYI Unusual civil trial reflects Episcopal divide By David O'Reilly Inquirer Staff Writer Just three weeks after a church court ruled that he should be removed from office, Episcopal Bishop Charles E. Bennison Jr. faces the start of an unusual civil trial today that could cost the financially

RE: Kid misrecites the Pledge of Allegiance - can he be graded down for that?

I don't think the child's age or grade is mentioned, and perhaps that makes a difference in how the facts play out. I'd assume, and perhaps in error, that the older the child, the less the child turns to the parent. I can see this fact situation being the dilemma presented to the parents of a th

[spam] Re: And God files a response? (Was: Suing God (honest, it's a lawsuit that ha...

I'm surprised by God's pleading. It puts a theological issue in front of the court, which can dismiss simply on the basis of what the jury said when acquitting Thomas Maule of seditious libel charges arising from his writing of a theological pamphlet: "...the matter therein contained not cognizable

Lofton / Re: Unfavorable feelings towards ideologies

xample, do well with visualizations and others prefer to work solely with words). >>> [EMAIL PROTECTED] 8/14/2007 2:15:17 PM >>> Questions like the one below (by James Maule) are useless, too abstract. Thus my answer: It depends. To what "views" and "opinions&quo

RE: Unfavorable feelings towards ideologies

1. Is it sensible for professors to share their personal views rather than make available to students the opinions and analyses offered on every side of an issue by individuals who are not the professor? Unless students are being evaluated on that view, and they ought not be (see 3, below), why doe

Date Correction Re: Call for Papers: Conference on CatholicSocial Thought and theLaw

The Conference is September 21, 2007 (this year) NOT 2008. >>> [EMAIL PROTECTED] 3/26/2007 1:17:52 PM >>> Posted on behalf of Mark Sargent, Dean of the Villanova University School of Law VILLANOVA UNIVERSITY SCHOOL OF LAW JOURNAL OF CATHOLIC S

Call for Papers: Conference on Catholic Social Thought and theLaw

Posted on behalf of Mark Sargent, Dean of the Villanova University School of Law VILLANOVA UNIVERSITY SCHOOL OF LAW JOURNAL OF CATHOLIC SOCIAL THOUGHT The Fifth Annual Conference on Catholic Social Thought and the Law Catholic Social Teaching

High School Graduation Held in Church

From http://www.cnn.com/2007/EDUCATION/03/08/church.graduation.suit.ap/index.html School district sued over graduation held in church TRENTON, New Jersey (AP) -- The state American Civil Liberties Union chapter is suing the Newark public school district on behalf of a Muslim teen over a school's

Landmark First Amendment Religion Litigation?

This may be of interest to some list members who are researching, writing or teaching in this area: >From this morning's Philadelphia Inquirer, at http://www.philly.com/mld/philly/news/16548224.htm Judge lets ousted priest sue in test of First Amendment The Episcopal bishop had denied the Montc

Re: FW: 75% of Minneapolis airport taxis refuse customerswithalcohol

Question. In many states it is illegal to ride in a vehicle with an open container, and some (many?) of those statutes prohibit "openly displaying" alcohol. Assuming for a moment that all of the cab drivers in question are like the fellow who is quoted (no questions asked about what is in a passeng

Re: Congress Puts Credit Card Companies Ahead of ReligiousObligations

Not knowing very much about the details of bankruptcy law and the other areas of the law mentioned in my questions, and confessing to not knowing the specifics on the tax issue raised below, I ask: Have there been any cases in which a parent argued (successfully or not) that tithing "trumped" c

Re: Missouri declares Christianity its official religion.

I know someone who firmly believes lawyers should be prohibited from serving in legislatures. He has some interesting and not totally absurd arguments. I humor him by threatening to take the opposite position, though I don't believe it, but want a chance to rattle his cage. So, I propose that only

Re: Did Jesus exist? Italian court to decide

Following up on Doug's post: from http://www.cnn.com/2006/WORLD/europe/02/10/italy.christ.ap/index.html Did Jesus exist? Case dismissed ROME, Italy (AP) -- An Italian judge has dismissed an atheist's petition that a small-town priest should stand trial for asserting that Jesus Christ existed, b

District Court Invalidates Sales Tax Exemption for Bibles

>From Paul Caron's TaxProfBlog >http://taxprof.typepad.com/taxprof_blog/2006/02/district_court_.html District Court Invalidates Sales Tax Exemption for Bibles In Budlong v. Graham, No. 1:05-CV-2910 (2/6/06), the U.S. District Court for the Northern District of Georgia held that a Georgia law t

Pa. Property Tax Exemption for Church Parking Lots

On Dec 30, 2005, in Wesley United Methodist Church v. Dauphin County Board of Assessment Appeals, No. 105-MAP-2004 (Pa. 12/30/05), a split Penna. Supreme Court held that if "a church proves its parking lots are a reasonable necessity to the existence of the church itself, those lots are entitled to

Announcement: John F. Scarpa Conference in Catholic LegalStudies

Posted on behalf of my colleague Patrick Brennan, who holds the John F. Scarpa Chair at the Villanova University School of Law: Villanova University School of Law is pleased to announce the first annual John F. Scarpa Conference in Catholic Legal Studies: From John Paul II to Benedict XVI: Conti

Re: N.Y. Court Rejects Employers' Challenge to ContraceptionLaw

ces, etc., the fact that my business was not proselytizing means no exemption for me? Thanks, Richard Dougherty James Maule wrote: > >From http://www.law.com/jsp/article.jsp?id=1137060315143 > > N.Y. Court Rejects Employers' Challenge to Contraception Law > > Religious-affili

N.Y. Court Rejects Employers' Challenge to Contraception Law

>From http://www.law.com/jsp/article.jsp?id=1137060315143 N.Y. Court Rejects Employers' Challenge to Contraception Law Religious-affiliated employers faced with what they say is a morally untenable choice of either offering prescription coverage for contraceptives, which they oppose on theologi

RE: Home Schooling and Real Covenants

Suppose parent A stays home to home school not only the family's five children, but also, on three days a week, 25 children from other home schooling families with whom there is an exchange arrangement. [I'll leave the tax questions aside for now :-) ] Is there no recourse to prevent the traffic, w

Re: An even easier polygamy question?

Surely there is some history to explain why a religious marriage ceremony is automatically considered to be a civil law marriage, even in the absence of the status of the clergy as a civil law marriage officiant (which is yet another issue). Is it tradition? Expediency? Political? Efficiency? Whe

Re: Dover Intelligent-Design Case

Are indictments for perjiury waiting in the wings? Jim Maule >>> [EMAIL PROTECTED] 12/20/2005 4:12:28 PM >>> In light of the judge's appraisal of the behavior of the Board members, do members of the list think that punitive damages might have been awarded against particular Board members had th

Re: Dover Intelligent-Design Case

"The Defendants include the Dover Area School District (hereinafter "DASD") and Dover Area School District Board of Directors (hereinafter "the Board") (collectively "Defendants"). Defendant DASD is a municipal corporation governed by a board of directors, which is the Board." "Defendants' actions

Re: Dover Intelligent-Design Case

utoinality of the program). Bobby seemed to be concerned that a judge was ruling on scientifc evidence, but what James Maule is suggesting is that there was no science brought before school board at all. James Maule wrote: >One problem in this case, Paul, is that the school board in ef

Re: Dover Intelligent-Design Case

The issue of lying reflected statements of fact, not theory or science or theology. Two board members gave sworn testimony that conflicted not only with the testimony of numerous other witnesses and other documents, but even with their own testimony. It appears to be a by-product of some rather

Re: Dover Intelligent-Design Case

One problem in this case, Paul, is that the school board in effect didn't listen to anyone except representatives of two organizations seeking a test case. The record, as explicated in the opinion, is one of process severely lacking in full and open discussion. Several board members testified they

Re: Santa Claus in school

I'm beginning to see why some my students' previous educational experience with things such as the difference betweeen there and their (or it's and its), learning how to manage time, being able to work with numbers, is insufficient. Time must be made to deal with other topics. Education law ought

Re: Swedish Pastor Beats "Hate Crime" Rap

"But beating the drum of hate leads to disasters." True. But what does beating the drum of love, civility, tolerance, patience and kindness do? Hard to tell, as however much happens doesn't seem to get as much attention. Maybe an "equal time for love" legislation? It's not that hate speech

RE: Not Taking Sides

So is the school system that nixes Valentines Day cards reverting to the pre-Christian version? Which also was based on a religious celebration (except that how it worked wouldn't thrill the children's parents.) "Special Person" isn't all that far from the nomenclature used for the pre-Christia

Re: Challenge to Sales Tax Exemption on Religious Items

r Emeritus University of Toledo College of Law Toledo, OH 43606-3390 Phone: (419) 530-2911, FAX (419) 530-4732 E-mail: [EMAIL PROTECTED] * -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of James Maule Sent: Monday, November

Challenge to Sales Tax Exemption on Religious Items

I don't recall if this was previously posted, or perhaps a story about the case in earlier stages of the proceedings had been posted. Sorry for any duplication. From: http://www.law.com/jsp/article.jsp?id=1132308316504 Wiccan Lawsuit May Spell Toil, Taxes and Trouble for Fla. Justices Carl Jones

Re: Voters Oust Dover School Board

Sorry for the delay in responding. Nothing I've seen answers your question, though perhaps I didn't look in the right places. Jim >>> [EMAIL PROTECTED] 11/9/2005 9:44:49 AM >>> I can understand the political reasons for waiting for Judge Jones' decision. But surely even if the Supreme Court d

Voters Oust Dover School Board

According to an article in this morning's Philadelphia Inquirer [http://www.philly.com/mld/philly/news/local/13116793.htm (a free subscription site)], voters in Dover, Pa., where the intelligent design curriculum trial recently concluded, replaced all 8 Republican school board members who were up

RE: Procedural Question on Intelligent Design Case

Ed, thanks for confirming my (where did I get them?) instincts. No decision yet. Jim >>> [EMAIL PROTECTED] 11/4/2005 11:42:35 PM >>> >-Original Message- >From: [EMAIL PROTECTED] >[mailto:[EMAIL PROTECTED] On Behalf Of James Maule >Sent: Friday,

Procedural Question on Intelligent Design Case

While watching a news report this evening on the local television station about the intelligent design case underway about 100 miles to the west in York, Pa., the reporter stated that a decision from the trial judge isn't expected for several weeks but that no matter what it is, "this case has been

Re: Speaking of Marriage (comments about an old, old, post)

I don't recall any messages being posted in reply. After re-reading my post from almost two years ago, the story came back to mind, as did the questions. I doubt there are "answers" to all of the questions, but I assume there are answers to some of them. Perhaps your post will inspire some folks t

Re: UC system sued

Fascinating discussion. I have several questions the answers to which might help me see the context. Questions 1 and 2. If a university's concern is whether an incoming student is prepared for advanced calculus, or biology 101, or whatever, doesn't it rely on the Advanced Placement tests? Unless t

Re: UC system sued

, the Catholic, the Moslem, the Jew. Why shouldn't a religious kid have the same information everybody else has? And if the religious kid chooses not to study a given subject, why should the consequences of not studying the subject be different for a religious kid than for anyone else who

Re: religiously-motivated political strife

Is this a question of speech or a question of behavior? Am I wrong in concluding that each person has a right to express their religious beliefs, even if those beliefs include predictions or convictions that all non-believers are doomed or that a particular individual is destined to some undesirab

Re: religiously-motivated political strife

Not just Baptists. Quakers. And "Papists." And anyone who wasn't a Puritan. Jim Maule >>> [EMAIL PROTECTED] 8/3/2005 5:29:14 PM >>> Clearest early example was the established Puritans' intolerance that drove the Baptists out and to the belief that the separation of church and state was the

Symposium Announcement

Posted at the request of, and on behalf of, Mark Sargent, Dean, Villanova University School of Law SEPTEMBER 16, 2005 Villanova UniversitySchool of Law Journal of Catholic Social Thought The Third Annual Symposium on Catholic Social Thought and th

Re: Discrimination Against Wiccans; Simpson v. Chesterfield County

Speaking of discrimination against Wiccans: "Calif. Boy Says He's Suspended for Makeup" (http://www.msnbc.msn.com/id/7495484/) A ninth-grade student has accused officials at a Southern California high school of discrimination for suspending him for wearing lipstick and eye makeup. James Herndon,

Call for Papers: Journal of Catholic Social Thought

Posted on behalf of Mark Sargent, Dean of the Villanova University School of Law CALL FOR PAPERS An Interdisciplinary Conference THE LEGACY OF JOHN COURTNEY MURRAY FOR LAW AND POLITICS Sponsored by the Journal of Catholic Social Thought and Villanova University School of Law Friday, September

Re: quick note of apology,and the history of civic marriage in the US.

x27;m not sure that something that crashes 50 percent of the time is all that good. Perhaps because state marriages have been so easy to get? Jim Maule >>> Jean Dudley <[EMAIL PROTECTED]> 3/17/2005 3:21:31 PM >>> On Wed, 16 Mar 2005 10:24:59 -0500, James Maule <[EMAIL PROTE

Re: quick note of apology, and the history of civic marriage in the US.

Jean, As you'll see from my reply to your earlier posting, the only "bristle" that I noticed was your concern that I intended to be condescending, which, as I explained, was not my purpose. Not a problem. I tried to avoid begetting any bristles. As for your other points, my replies are in my resp

Re: Rights of clergy regarding same-sex marriage?

My response, matching your comments, appears throughout. >>> [EMAIL PROTECTED] 3/15/2005 10:54:32 PM >>> On Mar 15, 2005, at 2:47 PM, James Maule wrote: > Though I am proposing a shift away from marriage as a civil right (and > its replacement with something else), I

RE: Rights of clergy regarding same-sex marriage?

ous action that should > not involve the state. This avoids the "separate but equal" fear of > Jean Dudley > > Paul Finkelman > > Jean Dudley wrote: > > > > On Mar 15, 2005, at 1:02 PM, James Maule wrote: > > > >> Civil birth r

Re: Rights of clergy regarding same-sex marriage?

ent that needs to be undone. Jim Maule >>> [EMAIL PROTECTED] 3/15/2005 1:31:00 PM >>> On Mar 15, 2005, at 1:02 PM, James Maule wrote: > Civil birth registration and baptisms/christenings are separate. So, > too, are death registrations and funerals/memorial services. Why

RE: Rights of clergy regarding same-sex marriage?

Civil birth registration and baptisms/christenings are separate. So, too, are death registrations and funerals/memorial services. Why not separation of marriage and whatever one wants to call state sanctioning of pairing? Jim Maule >>> [EMAIL PROTECTED] 3/15/2005 12:41:07 PM >>> I've heard (and m

RE: Free Exercise, Free Speech, and harm to others

have this fear, then it seems to me that this is a punishable threat. > -Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf Of James Maule > Sent: Monday, March 14, 2005 5:38 PM > To: religionlaw@lists.ucla.edu > Subject: RE: Free Exercise, F

RE: Free Exercise, Free Speech, and harm to others

OK, I see your point and it helps me refine the hypo: 1. "I pray I can find someone to put an end to your annoying existence on this planet." 2. "I pray to God every night that somehow the angel of death visits you and puts an end to your annoying existence on this planet." Assuming that the rec

RE: Free Exercise, Free Speech, and harm to others

Compare "You're going to get yours some day, and it could be within the next minute" (shouted, eyes bulging, face red, fists clenched, during law conerence disputing whether a state should permit same-gender marriages) with "You're going to burn in hell and swim with the demons some day, and it cou

RE: Free Exercise, Free Speech, and harm to others

Suppose instead of Flynt satirizing Falwell, the Rev. Llynt preaches a sermon in his progressive church decrying the theological positions taken by Falwell, denouncing the alleged intrusion of Falwell's theology into politics, and characterizing Falwell as a modern-day Pharisee. The sermon conclude

Re: Free Exercise, Free Speech, and harm to others

Eugene, Is the distinction between your hypothetical pairings one of free speech versus free exercise or one of words versus conduct? (Flynt writes, Glynt yells; the NAACP publishes, Operation Rescue blocks; Schenck writes/publishes, Penck blocks). If Glynt, Operation Rescue or Penck were to writ

Re: Should Liberal Law Professors Support Judge McConnell?

Is the person being noble? Jim Maule >>> [EMAIL PROTECTED] 2/23/2005 6:09:14 PM >>> Perhaps you're right; perhaps "integrity" isn't the right word. In some instances, a person might be acting out of "integrity" precisely by opposing nominees who are "wrong" on issues of importance. Still, wha

Re: Evolution vs Creation Reaches the SATS

Within the past few hours I received a similar message, that this is *probably* a parody, given the nature of the site that published (or republished) it? The folks at SAT have not yet confirmed or denied. That's why I included "Is it true? I don't know" as a red flag, expressing my doubts. My do

Evolution vs Creation Reaches the SATS

Those interested in the reach of the evolution vs creation tension and the legal issues arising in its impact on education may find this item, at http://swiftreport.blogs.com/news/2004/12/new_sat_questio.html#more to be worth a read. Is it true? I don't know. I haven't researched it. If true, w

Conference Announcement: Taking Christian Legal Thought Seriously

Forwarded on behalf of Mark Sargent, Dean of Villanova Univ School of Law. LAW PROFESSORS' CHRISTIAN FELLOWSHIP JOURNAL OF CATHOLIC SOCIAL THOUGHT LUMEN CHRISTI Taking Christian Legal Thought Seriously San Francisco California Hotel Monaco 501 Geary Street, San Francisco, CA 94102 8:30 a.m. -

Symposium Announcement: Catholic Social Thought and the Law

I am posting this at the request of Mark Sargent, Dean of the Villanova University School of Law. Jim Maule OCTOBER 8, 2004 VILLANOVA UNIVERSITY SCHOOL OF LAW Journal of Catholic Social Thought The Second Annual Symposium on Catholic Social Thought and the Law PRINCIPLES AND PRACTICES OF SUBSI

Tax Levies and the RFRA

>From this morning's Philadelphia Inquirer: U.S. judge issues a mixed ruling in Quaker tax case By Joseph A. Slobodzian Inquirer Staff Writer A federal judge ruled yesterday that the IRS may not impose a 50 percent tax penalty against Philadelphia's Quakers for refusing to pay a levy on the wag

Call for Papers: 2d Annual Conference on Catholic Social Thought and the Law

On behalf of Mark Sargent, Dean of Villanova Univ School of Law: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * THE SECOND ANNUAL CONFERENCE ON CATHOLIC SOCIAL THOUGHT AND T

Speaking of Marriage

Speaking of marriage... with one's children? There's at least an exam question here, but I've added a bunch of my own. Full story at http://www.cnn.com/2003/LAW/12/08/polygamy.appeal.ap/index.html and sufficient extracts follow to set up questions that follow the extracts: ---

Re: Civil unions and marriage

Not to quibble too much, but Augustine abandoned his mistress (if that's the term given he wasn't married) because in order to move up in the civil positions he held, it would not have behooved him to marry "beneath" his status. Hence, he became engaged (if that's the term) to a woman of much highe

Re: Maine suit on history curriculum

The law is the easy part here. It's the facts that matter (as I keep reminding my students who are enthralled by black letter law doctrine). And so far, I just don't know what the facts are. The parties to the litigation seem to be talking past each other, each describing totally different situat

RE: Talking across different world-views [Was: Civilunionsand marriage]

Education is simply one part of a tripartite array of gifts that inform those who govern and those who select those who govern (assuming that the selection of those who govern is genuinely democratic and not commercialized). The second, common sense, sometimes seems to diminish as education increa

Re: Civil unions and marriage

So, do religions have a monopoly over the definition of marriage and the use of that term? That is, is the state restricted to the use of some other term? But before those questions can be answered, who is it that answers those questions? Presumably (ultimately) the Constitution or, in the absen