I have a question for those of you who are familiar with early modern, e.g.
16th and 17th century, debates over religious toleration. Do you know of
any writers that used the story of Gamaliel as a justification for
toleration. In the NT, Gamaliel is a Pharisee who argues against the
persecution
According to the story below, NY has decided to nix its Kosher inspectors as
a way of spending money. Does anyone know the details (and citation) for
the 2004 case mentioned in the article? Also, I am wondering what precisely
the inspectors after the decision. Finally, does anyone know why the
i
I agree with what Steven says here, but with some additions. First,
generally foreign law is treated as a question of fact rather than a
question of law. This means that the courts don't make their own
independent judgment about the content of UK law or the like but are
supposed to take evidence
> I think it important to publicly identify criminal and tortious behavior
> with the religious tradition on which it rests. Otherwise, we are
> catering to the American societal instinct to whitewash religion to protect
> it from its darker corners.
>
I agree with you in the abstract. You will
On Mon, Jan 3, 2011 at 9:35 PM, wrote:
> Point of clarification--So genital mutilation is culturally Islamic as
> opposed to theologically Islamic?
>
FMG is not practiced by the vast majority of Muslims and there is nothing in
traditional Islamic law that supports it. My understanding it is tha
explicit gloss. My only point is that rather than exocticizing
Islamic law with a few well chosen examples from the popular press, courts
ought to understand how it gets used in the context of the contract and
transactions they are called on to adjudicate.
>
> Marci
> Sent from my Veriz
>
> First, I assume as a matter of contract law that any obligations arising
> out of such agreements that involve otherwise illegal conduct are void. So
> genital mutilation, trading of girls as wives (or simply for procreation),
> aiding polygamy, covering up child abuse when it is required to b
On Mon, Jan 3, 2011 at 7:39 PM, wrote:
> Isn't the answer to this question, Eric, that there is no single Sharia
> law? Interpretation of Sharia "law" requires a court to pick and choose
> between Sharia doctrines. It is not terribly different from the wide
> variety of Christian interpretatio
>
> I’m no great fan of the more expansive readings of Shelly.
> But when a government actor is deciding who gets a particular (lucrative)
> position based on that person’s religion, it seems to me that state action
> is eminently present, or more specifically that the government acto
Eugene,
In your mind does the constitutional difficulty arise from the court
choosing a Muslim arbitrator under the contract or from the enforcement of a
contract involving religious terms? Suppose, for example, that the parties
had -- pursuant to the contract -- chosen Muslim arbitrators, who ha
It seems difficult to find an equal protection violation if the Court is
merely enforcing the contract. It seems to me that a more likely
constitutional objection would be that the contract cannot be enforced
without running afoul of the neutral principles doctrine. Can a court make
a decision ab
If you step back from the concrete arguments over accommodation or
discrimination claims, I wonder if we have any set of coherent narratives to
tell about the relationship between law, religion, and commercial activity.
It seems to me that when we talk about the relationship between religion
and t
I tried to find a copy of the complaint online. Has anyone seen it? To
second Mr. Stern's suggestion, when I was in practice we successfully sued
the Wisconsin prison system for failing to accomodate Halal diets for
prisoners. The claim looked dead under Smith, but the prison system was
already
oppression
to suggest that they get some sort of free pass on the basic commitments of
philosophical liberalism, given that they are much more likely to persuade
those who disagree with them by appeals to liberalism than by attacks upon it.
NBO
--
******
Nathan Oman
&quo
efer.
NBO
--
******
Nathan Oman
"It is a misleading cult that teaches that the remedy of our ills is to have
the law give over, once and for all, the strivings of the centuries for a
rational coherence, and sink back in utter weariness to a justice that is the
flicke
;> > >
>> > > Steve Sanders
>> > > E-mail: [EMAIL PROTECTED]
>> > > ___
>> > > To post, send message to Religionlaw@lists.ucla.edu
>> > > To subscribe, unsubscribe, change options, or g
ivate matter set by each individual."
>>
>>
>>
>>Established in 1875, B'nai Brith is the Canadian Jewish community's
>>leading human rights agency.
>>
>
>
>
>Douglas Laycock
>University of Texas Law School
>727 E
; Thomas, however, would overrule Lee.
>
>
>
>- Original Message -
>From: "Marty Lederman" <[EMAIL PROTECTED]>
>To: "David Cruz" <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>
>Sent: Monday, June 14, 2004 11:42 AM
>Subject: Link
the conveyance).
>>
>
>Jim-
>You would have to say "except, perhaps, in Louisiana and all or part of
>Missouri, Iowa, North Dakota, Texas, South Dakota, New Mexico, Nebraska, Kansas,
>Wyoming, Minnesota, Oklahoma, Colorado and Montana."
>Art
>
ion against the church is the first step in stripping a congregation
>>of its tax benefits.
>>
>>"I don't think it's scaring us at all," he said. "It's sort of galvanized
>>us, in one sense, (and) I think everybody's sort of saying, 'OK, let&
nkelman
>Chapman Distinguished Professor
>University of Tulsa College of Law
>3120 East 4th Place
>Tulsa, Oklahoma 74104-2499
>
>918-631-3706 (office)
>918-631-2194 (fax)
>
>[EMAIL PROTECTED]
>
>___
>To post, send message to
siles and misguided man."
>
>- Martin Luther King Jr., "Strength to Love", 1963
>
>
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>
>--
>Paul Finkelman
>Chapman Dist
say to me... 'In this world Elwood' ...
>She always used to call me Elwood... 'In this world Elwood, you must be
>Oh So Smart, or Oh So Pleasant.' Well for years I was smart -- I
>recommend pleasant. You may quote me." --Elwood P. Dowd
>
>- Mary Chase, "Harvey&q
x27;s values. The Colorado case appears to be
>about the difference.
>
> In the Pledge case, it is progressives who are opposing such
>coerced oaths of allegiance. But for too many people on both sides, it
>will always be about whose ox is gored.
>
>At 03:34 PM 4/7/200
40407-124312-3261r.htm)
>For more great articles, visit us at http://www.washingtontimes.com
>
>Copyright (c) 2004 News World Communications, Inc. All rights reserved.
>
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>To subscr
n rewriting the language
> to make it less ambiguous.
>
>
>
>
>
>
>
>
>
>---
>This article was mailed from The Washington Times
>(http://www.washingtontimes.com/national/20040407-124312-3261r.htm)
>
mailto:[EMAIL PROTECTED]
>Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar/
>
>"The modern trouble is in a low capacity to believe in precepts which
>restrict and restrain private interests and desires."
>
>Walter Lippmann
>
>
>
>
--
Nathan Oman
http://www.tutissima.com
http://www.timesandseasons.org
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"Perhaps someone should invite Prof. Beckwith to join this list, and we could discuss
the issue more directly. As the NRO author points out, Prof. Leiter is respected in
his field. Perhaps he knows what he writes about."
Leiter or Beckwith?
--
Nathan Oman
http://www.tutissim
stern legal thinking. Volume II is supposed to look at the
impact of the Protestant Reformation.
Has anyone seen the book yet? Has anyone read it? Does anyone know if it has been
reviewed anywhere yet?
Nate Oman
--
Nathan Oman
http://goodoman.blogspo
Have their been cases involving college and university chaplains? How many
schools have such things?
At 01:59 PM 1/27/2004 -0500, you wrote:
Doesn't UCLA provide support for chaplains such as office space,
telephone service, secretarial staff and the like? What does UCLA's
budget look like? I
It is not clear to me if this is from a student organization or from a part
of the university. I am assuming from Eugene's comments that it is from
the university.
At 08:22 PM 1/26/2004 -0800, you wrote:
The UCLA Lesbian Gay Bisexual Transgender Campus Resource Center
-- which is appa
Professor Laycock,
It is not clear to me that prior to Henry VIII you had an established
church in England. Rather, it seems that the Church was claiming to
be a separate sovereign entity beyond the control of the state.
(Harold Berman makes the interesting argument in _Law & Revolution_
that th
Greetings,
I actually am sympathetic to Professor Laycock's solution. It seems
to me that the problems of marriage (at least in our legal tradition)
were created by Henry VIII, when the ecclesiastical courts were made into
an arm of the state. It makes sense to give marriage back to the
churches
Tom Green, a much prosecuted Utah polygamists, has invoked Lawrence in
the Utah Supreme Court, arguing that anti-bigamy laws violate due
process.
http://www.newsday.com/news/nationworld/wire/sns-ap-prosecuting-polygamy,0,7999530,print.story?coll=sns-ap-nationworld-headlines
I can't tell much about
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