Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Steven Jamar
statue beside Ten Commandments monument at Oklahoma Legislature Isn't there a significant difference between placing a religious monument in a public park vs placing a religious monument in a State capitol building? From: Steven Jamar stevenja...@gmail.com To: Law Religion issues

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Steven Jamar
Sunnum handles this, no? Sent from Steve's iPhone On Dec 8, 2013, at 9:43 PM, hamilto...@aol.com wrote: Inevitable. Marci Marci A. Hamilton Paul R. Verkuil Chair in Public Law Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 (212)

Re: The clergy-penitent privilege and burdens on third parties

2013-12-05 Thread Steven Jamar
Sandy and Marci, I agree my conversations were not and should not have been privileged. But it is not the case that non-believers cannot be helped by priests either in a priest/pentitent setting or less formally. Steve -- Prof. Steven D. Jamar vox: 202-806-8017

Re: Ministerial Housing Allowance Ruled Unconstitutional

2013-11-28 Thread Steven Jamar
I agree that this provision cannot really be defended on any sound theoretical basis in the face of an establishment challenge. But I see 5 or more votes for this being upheld because it is just a modern updating of the old idea of the manse, clergy house, parish house, rectory, vicarage —

Religion-based unit veto by commercial, for-profit, corporate employers

2013-11-27 Thread Steven Jamar
You all are making me more and more fond of Smith and less fond of RFRA than I ever thought possible! Smith analysis: ACA is a neutral generally applicable law and the employer cannot claim a free exercise violation because it requires coverages they don’t like. RFRA: few have considered

Fwd: Contraception Mandate

2013-11-26 Thread Steven Jamar
Brad and Eugene, How does compellingness analysis work when the government tortures people and kills civilians with drones and invades Iraq, all of which are against my religious beliefs and yet makes me pay for them? This is a serious question. I’m not a great fan of Smith (nor of RFRA,

Re: A right not to be compelled to create expression?

2013-08-25 Thread Steven Jamar
We've wandered far from religion -- but that is very wrong, Z. You own the copies -- the specific photos that you purchased. And if you photographer gave you negatives (in the old days) or a CD with electronic versions you can copy or print from (semi-old days) or access to or electronic

Re: A right not to be compelled to create expression?

2013-08-25 Thread Steven Jamar
Sent from Steve's iPhone On Aug 25, 2013, at 2:32 PM, Len campquest...@comcast.net wrote: I am absolutely certain because that is what is stated in the purchase agreement. Thanks, -Z From: Steven Jamar stevenja...@gmail.com To: Law Religion issues for Law Academics

Re: New Mexico Supreme Court Rules Against Wedding Photographer Who Discriminated Against Gays

2013-08-23 Thread Steven Jamar
I have some modest sympathy for the speech argument. None at all for the religious discrimination argument. Why someone would want a photographer who doesn't want to do it is beyond me, but then I take photography more seriously than most and we paid to have one of the best wedding

Re: New Mexico decision and other First Amendment expression

2013-08-23 Thread Steven Jamar
Can someone who thinks the decision wrong explain the difference between this case and an interracial marriage or a Catholic photographer refusing to do a Jewish or Muslim or Hindu wedding? What is the principled distinction? I can't find one. What is the difference between this and a

Re: New Mexico decision and other First Amendment expression

2013-08-23 Thread Steven Jamar
FWIW, I don't think this is an easy case nor one that our legal doctrine or structures handles well. I think the best way for a photographer to handle this is just to refuse for no reason. That is not the same as doing it for an illegal reason. I am not satisfied that that is a good solution

Re: New Mexico decision and other First Amendment expression

2013-08-23 Thread Steven Jamar
Well, it would also violate the 13th Amendment, but who's counting. -- Prof. Steven D. Jamar vox: 202-806-8017 Director of International Programs, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax:

Re: New Mexico Supreme Court Rules Against Wedding Photographer Who Discriminated Against Gays

2013-08-22 Thread Steven Jamar
I'll bet the photographer is still in business. As would those making cakes. If you choose to engage in civil disobedience, there is a cost. If you choose to follow your religious prejudices in some settings, there is a cost. Interracial marriages and interfaith marriages are indistinguishable

Re: Citations to Listserv posts/Contraception mandate

2013-08-01 Thread Steven Jamar
I think citing to a listserv discussion without confirming with the author is bad form unless one is simply crediting an idea that one is using that one first learned on the listserv. I think using an idea posted as a foil (or worse) without giving the author the opportunity to clarify and

Re: New Suit Argues Prop 8 Is Still Enforceable

2013-07-15 Thread Steven Jamar
On Jul 15, 2013, at 8:10 PM, Jean Dudley jean.dud...@gmail.com wrote: In other news, how 'bout Indiana? They just reduced the penalty for same-sex couples applying for a marriage license from 3 years to 18 months. The $10,000 fine stands. Any clergy who solemnizes a same-sex marriage

Re: Interesting Scholarship Tax Credit Decision

2013-06-18 Thread Steven Jamar
Just a matter of line drawing. Logic is insufficient to the task. -- Prof. Steven D. Jamar vox: 202-806-8017 Director of International Programs, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax:

it still goes on -- harassment for refusing to say the pledge of allegiance

2013-05-22 Thread Steven Jamar
Ok. Some aspects of the freedom of religion are subtle and complicated. Compelling participation in the pledge of allegiance and retaliating for non-participation are not in that category. And yet, both a biology teacher and assistant principal harassed a student in Montgomery County, Maryland

islam in france

2013-03-24 Thread Steven Jamar
Extremism in enforcing laws and harrassing minorities is not limited to any particular location on earth. http://www.washingtonpost.com/world/europe/french-mother-on-trial-for-son-jihads-t-shirt/2013/03/22/dd5c2016-8eef-11e2-bdea-e32ad90da239_story.html -- Prof. Steven D. Jamar

Fwd: Jesus (TM) Jeans

2013-02-26 Thread Steven Jamar
Jesus meets 21st Century IP. -- Prof. Steven D. Jamar vox: 202-806-8017 Director of International Programs, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax: 202-806-8567 http://iipsj.com/SDJ/ I do not

Re: Request for Church-State Seminar Syllabi???

2013-01-28 Thread Steven Jamar
Haven't done it for a few years, but here is link to my syllabus. Basically, I do a fast survey of issues in the first few weeks, help students pick topics, then have students do 2 presentations -- a presentation of their paper with a power point in the last weeks and a topical presentation

yoga exercise as religion

2012-12-21 Thread Steven Jamar
http://www.abajournal.com/news/article/parents_claim_grade_school_yoga_classes_are_first_amendment_violation/?utm_source=maestroutm_medium=emailutm_campaign=weekly_email but creche displays (with Santa nearby) and in god we trust and under god are not? How about pilates? Could the kids do

Re: RFRA challenge to DNA testing requirement for child'scitizenshipapplication (derivative of parental citizenship)

2012-12-08 Thread Steven Jamar
On Dec 8, 2012, at 4:45 AM, Joel Sogol jlsa...@wwisp.com wrote: There is nothing medical about DNA testing for identification – no more than the taking of fingerprints. You are assuming the meaning in your characterization of identification and medical. Is DNA typing like blood typing or is

Re: RFRA challenge to DNA testing requirement for child's citizenshipapplication (derivative of parental citizenship)

2012-12-07 Thread Steven Jamar
How is taking DNA to determine parentage not a medical test? Clearly after Smith there is nothing here other than RFRA. Is forcing a medical test a substantial burden? Not under what a lot of courts seem to be saying of late, though it would be from the parent's position I have no doubt.

8th Circuit upholds ordinance restricting picketing at funera

2012-10-17 Thread Steven Jamar
http://www.ca8.uscourts.gov/opndir/12/10/103197P.pdf -- Prof. Steven D. Jamar vox: 202-806-8017 Associate Director, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax: 202-806-8567 http://iipsj.com/SDJ/

Re: Court Rejects Religious Liberty Challenges To ACA Mandate--interpreting substantial burden

2012-10-02 Thread Steven Jamar
Rick, I understand the first part -- on which much of the disagreement has centered. (One can make the distinctions some are advocating, but should one is the hard part (for some). Drawing the line elsewhere makes more sense to others of us.) But I'm not sure how the second part works. If a

Re: Court Rejects Religious Liberty Challenges To ACA Mandate--interpreting substantial burden

2012-10-01 Thread Steven Jamar
No. The logic of the decision could be pushed that far in a parallel universe or by faculty like us who may indeed inhabit a parallel universe, but such a case is so easily distinguishable from a commercial business as to be essentially irrelevant. Steve On Oct 1, 2012, at 11:57 AM, Rick

Re: Sebelius query

2012-10-01 Thread Steven Jamar
CJ Roberts is correct to look at the substance and not the word. In substance it is a tax. It is not a penalty. On Oct 1, 2012, at 7:28 PM, Ilya Somin wrote: This argument ignores the fact that the problem with the tax argument for the mandate was never that it was not for the general

Re: Court Rejects Religious Liberty Challenges To ACA Mandate--interpreting substantial burden

2012-10-01 Thread Steven Jamar
So it is just a question of line drawing after all. A. Is it at taxation with taxes paying for things you don't like? B. Or is it paying a salary or wages that will be used by some for things you don't like? C. Or is it providing mandated benefits for things you don't like?

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-30 Thread Steven Jamar
I appreciate the analysis, Mark. But don't agree that every religion gets to decide where to draw the line on responsibility for remote effects of its actions any more than I get to draw the line on proximate cause because I view it differently from Anderson and Cardozo. I don't have to agree

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-30 Thread Steven Jamar
As I noted in an article some long time ago, there are (at least) 3 interests at stake in employment cases -- society's interest in non-discrimination and availability of employment for people; the employer's interest in practicing his or her faith in the workplace; and the employee's interest

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-30 Thread Steven Jamar
a substantial burden. Alan From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar Sent: Sunday, September 30, 2012 3:10 PM To: Law Religion issues for Law Academics Subject: Re: Court Rejects Religious Liberty Challenges To ACA Mandate

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-30 Thread Steven Jamar
that churches can close their schools and hospitals and missions to the poor, and experience no burden on their religon. On Sun, 30 Sep 2012 18:10:06 -0400 Steven Jamar stevenja...@gmail.com wrote: As I noted in an article some long time ago, there are (at least) 3 interests at stake

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-30 Thread Steven Jamar
How about an employer being exempt from buying insurance, but then paying a tax that goes into a pool for the government to buy group insurance for those employees. How is that substantively different from just requiring the insurance benefit in the first place? And yet this sort of tax

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-30 Thread Steven Jamar
? I think the judge got it right here and that the alternatives are not necessarily good for free exercise in the bigger picture. Steve On Sun, 30 Sep 2012 21:32:10 -0400 Steven Jamar stevenja...@gmail.com wrote: I was quite clearly talking about religious employers in secular commerce

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-30 Thread Steven Jamar
be unconstitutional. I'm just asking if the burden would be different. Art Spitzer On Sun, Sep 30, 2012 at 9:50 PM, Steven Jamar stevenja...@gmail.com wrote: How about an employer being exempt from buying insurance, but then paying a tax that goes into a pool for the government to buy

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-29 Thread Steven Jamar
Of course the law burdens religious exercise -- if you take religious exercise to that extreme meaning. If you choose to take it to that extreme, then you cannot be in that line of work or you must pay the penalty for engaging in that kind of work. You can't simply ignore civil law because

Re: Court Rejects Religious Liberty Challenges To ACA Mandate

2012-09-29 Thread Steven Jamar
I find the court's argument strong here. You pay a salary, you pay FICA, you pay unemployment insurance, you pay pension benefits, you pay vacation time, holidays, and so on. And you provide health insurance benefits. Some of those who have health insurance will use contraceptives. Just

tom and katie

2012-07-09 Thread Steven Jamar
Ok. So, let's assume that Tom wants Suri raised a Scientologist and Katie does not (assume that the irreconcilable difference was over what religion (if any) to inculcate Suri with). Is that cognizable in court or is that a religious issue not subject to court review? I know we've discussed

Re: German circumcision decision

2012-07-01 Thread Steven Jamar
100% correct. On Jul 1, 2012, at 11:09 AM, Eric Rassbach wrote: I'd be interested to know what the list thinks about the reasoning of the recent decision by a state appeals court in Cologne holding that performing a circumcision constituted the crime of bodily harm (similar to battery).

Re: Strict scrutiny, from Sherbert/Yoder to RFRA

2012-06-17 Thread Steven Jamar
I think our levels of scrutiny are too involved and that there are too many. I think the court stumbled upon a way forward in the abortion limitation cases with the undue burden test. It changes the focus properly to the the fact that almost any regulation will burden somebody's liberty or

Re: Religious exemptions in ND

2012-06-15 Thread Steven Jamar
I think Mr. Clark's statement and apparent inability to see the potential for mischief of RFRA is troubling and supportive of Prof. Hamilton's point. As a former litigator, I get the sense that some on this list are too dismissive of the impact of making claims that ultimately may fail, but

Re: Religious exemptions and child sexual abuse

2012-06-14 Thread Steven Jamar
There are actual cases of it being used as a defense. Abuse of RFRA is not in itself enough to not have such laws, but it is also something not to be ignored in considering the wisdom of and form of a RFRA. Nor should its use to permit or even encourage discrimination against groups be

Re: Religious exemptions and child sexual abuse

2012-06-14 Thread Steven Jamar
Obviously the man lives in flatland and the woman in sphereland. :) On Jun 14, 2012, at 2:28 PM, Will Linden wrote: This straight out of C.S. Lewis' Bulverism essay, where young Ezekiel Bulver hears his father argue that the angles of a triangle add up to 180, and his mother retort You say

Re: Court upholds prison no-pork policy against EstablishmentClause challenge

2012-04-12 Thread Steven Jamar
And France clearly pushes a form of universalism as a national value in a way this country has not for some time. On Apr 12, 2012, at 10:26 AM, Finkelman, Paul paul.finkel...@albanylaw.edu wrote: The french experience with intolerance is very different than ours and thu leads to different

Re: Requirement that cabbies transport alcohol = tiny burden?

2012-03-10 Thread Steven Jamar
. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http

Re: Discrimination against people with religious motivations for their actions

2012-03-08 Thread Steven Jamar
something here? Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar Sent: Wednesday, March 07, 2012 7:10 AM To: Law Religion issues for Law Academics Subject: Re: Cabbies vs. lawyers Of course it is a proxy -- just

Re: Requirement that cabbies transport alcohol = tiny burden?

2012-03-07 Thread Steven Jamar
For the record, I was in favor of the accommodation attempted for the Somali Muslim cab drivers in Minneapolis and am in favor of most accommodations of religion done by employers and public agencies and the government in general -- even quite odd ones like this particular interpretation of the

Re: Cabbies vs. lawyers

2012-03-07 Thread Steven Jamar
their request into religious discrimination. Mark From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Steven Jamar [stevenja...@gmail.com] Sent: Tuesday, March 06, 2012 8:18 PM To: Law Religion issues for Law

Discrimination against people with religious motivations for their actions

2012-03-07 Thread Steven Jamar
I hope it comes as no surprise to anyone on this list that there are irreconcilable doctrinal problems with religious liberty no matter how one looks at it. Religious motivation matters. Particular facts matter. Details matter. Eugene's hypothetical restaurant is not analogous to the

Re: Israeli Postal Workers Object to Delivering New Testaments

2012-03-06 Thread Steven Jamar
It is hard to set up such a system for cab drivers -- think of cabbies waiting at an airport where 6 in a row refuse passengers based on their possession of a bottle of wine. It may be a longish wait or even a very long wait for the non-discriminating cabbie. Or just hailing one on the street

Re: Exemptions and accommodations

2012-03-06 Thread Steven Jamar
An exemption is an accommodation to a person or set of persons or institutions wanting their practices to be accommodated through not requiring them to abide by the rules applicable to everyone else. That is in all meanings of the word an accommodation. It is being left alone, but in a

Re: Cabbies vs. lawyers

2012-03-06 Thread Steven Jamar
Are not the cabbies discriminating against customers on the basis of religion? Or is the alcohol proxy enough to remove that taint? Sent from my iPhone On Mar 6, 2012, at 7:38 PM, Volokh, Eugene vol...@law.ucla.edu wrote: In a sense this may be obvious, but it might be worth

Re: Laws with exceptions as triggering strict scrutiny -- and as failing strict scrutiny because of their underinclusiveness?

2012-02-15 Thread Steven Jamar
On Feb 15, 2012, at 7:34 AM, Steven Jamar stevenja...@gmail.com wrote: I agree with Eugene?! Wow! :) Law of general applicability was again Scalia shooting from the hip, as he makes quite clear in his concurrence in Hialeah. It could mean, in theory, any number of things including: 1. Any

Re: Laws with exceptions as triggering strict scrutiny -- and as failing strict scrutiny because of their underinclusiveness?

2012-02-15 Thread Steven Jamar
large objects (and I think there are some instances where permits can be obtained to exceed the stated maximum). ** ** Thus, I wonder, are these the tests for finding a law not to be of general applicability? ** ** Jim Maule ** -- Prof. Steven Jamar Howard University School

Re: Hosanna-Tabor

2012-01-12 Thread Steven Jamar
sort of pretext or sincerity standard to limit the intrusion. Will there be many cases really? It seems to me that BFOQ and the minister exception will, in nearly all instances, be capable of relatively easy application, unclouded by *Smith* language. Steve -- Prof. Steven Jamar Howard

Re: National Religious Freedom Moot Court Competition

2011-11-06 Thread Steven Jamar
Interesting. I look forward to seeing the problem. self.promotion.alert I wrote an article on copyright and freedom of religion -- Religious Use of Copyrighted Works after Smith, RFRA, and Eldred, 32 Cardozo L. Rev. 1880 (2011)-- which probably has little relevance to whatever the actual

Invitation to Howard Law colloquy by Prof. Leslie Griffin on the ministerial exception

2011-10-22 Thread Steven Jamar
My apologies of the cross posting. Prof. Leslie Griffin will be presenting at a colloquy at Howard University School of Law on Tuesday, October 25, 2011 in the Murray Conference Room from 12:15-1:30. Light lunch will be provided for those who RSVP by Monday. The topic is the ministerial

Re: Teacher suspended for anti-same-sex-marraige Facebook post

2011-08-19 Thread Steven Jamar
What is the effect of the teacher being a social studies which probably includes some civics instruction -- at least in my school district the social studies classes consider current events every year no matter what the main focus of the course is that year. Surely the gay rights issue is one

Re: A John Paul Stevens puzzle

2011-04-11 Thread Steven Jamar
or wrongly) forward the messages to others. -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe

Re: A John Paul Stevens puzzle

2011-04-11 Thread Steven Jamar
that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ

Re: IIED applied to speech that violates a content-neutral restriction

2011-03-04 Thread Steven Jamar
(rightly or wrongly) forward the messages to others. -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) ___ To post, send message to Religionlaw@lists.ucla.edu

Re: Snyder v. Phelps

2011-03-03 Thread Steven Jamar
Isn't the emphasis on speech on a matter of public concern in a public place really the Court limiting the scope of its opinion rather than creating new rules? That is, in this case, under these circumstances, we just won't go so far as to allow a tort to stop such speech. But, in a more

who knew it was all so simple

2011-03-02 Thread Steven Jamar
Snyder v. Phelps, 8-1. C.J. Roberts: Whether the First Amendment prohibits holding Westboro liable for its speech in this case turns largely on whether that speech is of public or private concern, as determined by all the circumstances of the case.

Re: Danish MP guilty of the crime of insult[ing] or denigrat[ing] Muslims

2011-01-13 Thread Steven Jamar
1. Isn't it easy to avoid the hate speech by avoiding the calumny of all Muslims and just report the facts? 2. What defense do you have for such race/religion/ethnic slurs? 3. Truth is what here - that all Muslims do in fact engage in honor killings? Or that just Muslims do? Or that there

Re: Danish MP guilty of the crime of insult[ing] or denigrat[ing] Muslims

2011-01-13 Thread Steven Jamar
This wasn't an academic study with empirical conclusions. On Jan 13, 2011, at 7:28 PM, Volokh, Eugene wrote: 3. But say that it’s false, and that this behavior isn’t more common among Muslims than among others. How can we possibly know that, if it’s a crime to challenge this

Re: Danish MP guilty of the crime of insult[ing] or denigrat[ing] Muslims

2011-01-13 Thread Steven Jamar
to hear one now. Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar Sent: Thursday, January 13, 2011 4:08 PM To: Law Religion issues for Law Academics Subject: Re: Danish MP guilty of the crime of insult[ing

Re: May American court appoint only Muslim arbitrators, pursuant toanarbitrat...

2011-01-04 Thread Steven Jamar
Is contract law shorthand? Or should we spell out all provisions of the UCC and common law contract of the particular state? Or can we just say law of the state of North Carolina? If we can say law of North Carolina will govern, we can also say law of France or law of Saudi Arabia or law

RE: May American court appoint only Muslim arbitrators, pursuant to an arbitration agreement

2011-01-04 Thread Steven Jamar
It seems there are a number of discrete issues involved. 1. Can an arbitration agreement require that sharia be applied under a choice of law provision -- it would seem so to me. Some seem to see entanglement. 2. Can an arbitration agreement require that arbitrators be knowledgeable about

Re: May American court appoint only Muslim arbitrators, pursuant to anarbitration agreement?

2011-01-03 Thread Steven Jamar
What if it said apply Brazilian law and appoint only lawyers admitted to practice in brazil? Sent from Steve Jamar's iPhone On Jan 3, 2011, at 11:08 AM, hamilto...@aol.com wrote: What if the agreement said African Americans or women only? Marci Marci A. Hamilton Paul R. Verkuil Chair in

Re: May American court appoint only Muslim arbitrators, pursuant to an arbitration agreement?

2011-01-03 Thread Steven Jamar
Eugene, do you contend that knowledge of the Sharia is not a valid limitation or only that being a Muslim is not? On Jan 3, 2011, at 2:32 PM, Douglas Laycock wrote: must know the Shari'a, commercial laws and the customs in force in the Kingdom -- Prof. Steven D. Jamar

Re: May American court appoint only Muslim arbitrators, pursuant to an arbitration agreement?

2011-01-03 Thread Steven Jamar
I suspect that the contract also specifies that it is to be interpreted and applied and enforced according to Sharia law of the Wahabi school and Saudi Arabian law where the Sharia is not determinative. While I am far more familiar with much of sharia law than most American lawyers and

Re: May American court appoint only Muslim arbitrators, pursuant toanarbitration agreement?

2011-01-03 Thread Steven Jamar
FGM is not Islamic at all. It is a cultural phenomenon. It, like the chador and other cultural things, got linked to Islam over centuries of relative isolation. Steve On Jan 3, 2011, at 9:35 PM, hamilto...@aol.com wrote: Point of clarification--So genital mutilation is culturally Islamic

Re: May American court appoint only Muslim arbitrators, pursuant toanarbitration agreement?

2011-01-03 Thread Steven Jamar
If you don't separate religious from civil, the question becomes nonsensical. Contracts are to enforced under the sharia -- as a matter of religious obligation. Separation of religion and state systems is not the only viable system. But it may well be the best. If a contract in Saudi Arabia

Re: TRO against Oklahoma no use of Sharia Law

2010-11-09 Thread Steven Jamar
Simplest establishment standing case ever. Disfavoring one religion is an establishment violation -- that gives anyone standing. Of course the current court could change the rules and restrict standing in this area as they have in others. Since it is at least theoretically possible that

Re: TRO against Oklahoma no use of Sharia Law

2010-11-09 Thread Steven Jamar
, and the like have likewise all stressed the objectors’ “frequent regular contact” with the offending inscriptions and symbols. Or am I missing something here? Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven

Re: N.J. public transit employee fired for blasphemy

2010-09-16 Thread Steven Jamar
This case is easy if one accepts the legitimacy of regulating and in some instances curtailing hate speech. I know Eugene does not. Sent from Steve Jamar's iPhone On Sep 16, 2010, at 3:02 PM, Marie A. Failinger mfailin...@gw.hamline.edu wrote: Per Sandys' and others' remarks, it seems to

Re: N.J. public transit employee fired for blasphemy

2010-09-16 Thread Steven Jamar
Response of the audience is relevant in fighting words and defamation, no? Relevance does not always equal control. Yelling fire in a crowded theater is audience mediated, no? Sent from Steve Jamar's iPhone On Sep 16, 2010, at 3:24 PM, Brownstein, Alan aebrownst...@ucdavis.edu wrote: I

Re: N.J. public transit employee fired for blasphemy

2010-09-16 Thread Steven Jamar
Art, I guess we should not make driving intoxicated illegal under your theory. Or do you mean to suggest we don't go far enough already? Many can play the absurdist game. From many sides. Sent from Steve Jamar's iPhone On Sep 16, 2010, at 4:35 PM, artspit...@aol.com wrote: Sandy, I agree.

Re: N.J. public transit employee fired for blasphemy

2010-09-16 Thread Steven Jamar
Not every camel's nose under the tent leads to the collapse of the tent. Sent from Steve Jamar's iPhone On Sep 16, 2010, at 4:43 PM, Sanford Levinson slevin...@law.utexas.edu wrote: I basically agree with Art. As Dworkin argues, it is the very meaning of taking rights seriously that one

Re: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Steven Jamar
Many people do indeed pray to God on Sunday and prey on people on Monday. But many people believe in not separating their lives in that way. So, no. The refusal or inability to separate one's values from work should not bar someone from a job. Inability to do the job should. If one is

Re: Augusta State University student sues school over requirement that she undergo remediation due to her religious views

2010-07-29 Thread Steven Jamar
As an athiest attorney, some of my most interesting clients were evangelical, fundamentalist, born again Christians (their description of themselves). They prayed for who should be their attorney and according to them, I was the chosen one. The story is in fact a bit more involved than that,

Re: A real-life on-campus example

2010-05-13 Thread Steven Jamar
But is it a constitutional violation? I would tend to agree that the government ought to accommodate religious associations and give them equal access to government facilities and should grant religious associations exemptions from certain non-discrimination rules that apply to secular

Re: A real-life on-campus example

2010-05-13 Thread Steven Jamar
Hastings is not stopping the message. It is stopping an action. It is not preventing CLS from saying anything it wants to say. It is preventing it from discriminating on a basis the university considers improper. Christian students are allowed full participation in the life of the law

Re: A real-life on-campus example

2010-05-12 Thread Steven Jamar
that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) Inc

Re: Factual Clarification re CLS

2010-05-11 Thread Steven Jamar
In a society committed to non-discrimination and equality, the government should not be required to subsidize hate groups and groups that exclude other on prohibited bases. There are plenty of private places to meet. And if the society wants to change the policy, it can do so -- unless it

Re: Factual Clarification re CLS

2010-05-11 Thread Steven Jamar
the constitutional issue here, not wise policy. Steve On May 11, 2010, at 12:06 PM, Lisa A. Runquist wrote: On 5/11/2010 8:05 AM, Steven Jamar wrote: In a society committed to non-discrimination and equality, the government should not be required to subsidize hate groups and groups

Re: A real-life on-campus example

2010-05-11 Thread Steven Jamar
gone the other way, but, unlike some decisions, I don't consider Rosenberger particularly harmful or problematic -- except insofar as the lack of somewhat more clear lines is always problematic. Steve On May 11, 2010, at 12:28 PM, Lisa A. Runquist wrote: On 5/10/2010 8:21 PM, Steven Jamar

Re: A real-life on-campus example

2010-05-10 Thread Steven Jamar
actually exist. Eric -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) Inc. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change

Re: Cert. granted in Snyder v. Phelps.

2010-03-10 Thread Steven Jamar
have you -- that's fine, and the question would then be what the exact boundaries of the exception are, and how the exception can be defended. But libel law does not offer a helpful analogy. Eugene -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute

Irish blasphemy

2010-01-03 Thread Steven Jamar
Modern blasphemy law in a western liberal democracy! http://www.washingtonpost.com/wp-dyn/content/article/2010/01/02/AR2010010201846_pf.html the Athiest Ireland blaspheming quotes: http://www.atheist.ie/ -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute

Re: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Steven Jamar
[mailto: religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Steven Jamar *Sent:* Thursday, December 17, 2009 12:38 PM *To:* Law Religion issues for Law Academics *Subject:* Re: FW from Chip Lupu: Elane Photography true. but why is compelling state interest the standard here? I don't

Re: Jonathan Turley op-ed about US acceptance of limitation on free expression for negative religious stereotyping

2009-10-22 Thread Steven Jamar
Article 19 provides for l limiting speech on certain bases. Of course any standard can be abused. And even clear law can be ignored. But aspirational resolutions to reduce hate speech and increase tolerance are to be applauded, not declared disasters.. Steven Jamar Howard Law cross-posted

Re: Is there a parallel between strength of belief and strength of relgious freedom protections in the law?

2009-10-08 Thread Steven Jamar
more whether there are many faiths or only one. The current US alignment of secularists minimizing free exercise and conservative believers minimizing disestablishment is a very recent development. -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute

Re: EEOC says Catholic College Discriminated by Removing Contraceptive Coverage from Health Insurance

2009-08-15 Thread Steven Jamar
I'm not sure how paul arrives at his characterization of my response to an inquiry of another in which I sketch a possible way a court could go wrong. Nonetheless, it seems to me that even though Gilbert was overturned by legislation, the legislation did not in fact reach the illogic of

Re: FW: Wisconsin convicts parents for denial of medical treatment

2009-08-02 Thread Steven Jamar
differently from a black-and-blue bum? Are parents to be held prisoner by their children's (purported) eggshell psyches? Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) Inc

Re: A Concrete Example

2009-06-23 Thread Steven Jamar
, are the only solution. -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) Inc. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change

Re: still waiting for concrete examples

2009-06-22 Thread Steven Jamar
to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ

Re: Snowbowl decision

2009-06-14 Thread Steven Jamar
...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu ] On Behalf Of Steven Jamar [stevenja...@gmail.com] Sent: Saturday, June 13, 2009 6:14 PM To: Law Religion issues for Law Academics Subject: Re: Snowbowl decision Tom, I understand the points in your brief and think it well done. My question relates

Re: Snowbowl decision

2009-06-13 Thread Steven Jamar
/author='261564 Weblog: http://www.mirrorofjustice.blogs.com -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) Inc

Re: Snowbowl decision

2009-06-12 Thread Steven Jamar
affects anyone other than sacred space types. Steve -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) Inc. ___ To post, send message to Religionlaw@lists.ucla.edu

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