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 wrote: I basically agree with Art. As Dworkin argues, it is the very meaning of "taking rights seriously" that one is willing to accept v

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
@lists.ucla.edu [mailto:religionlaw- boun...@lists.ucla.edu] On Behalf Of Steven Jamar Sent: Thursday, September 16, 2010 12:24 PM To: Law & Religion issues for Law Academics Cc: religionlaw@lists.ucla.edu Subject: Re: N.J. public transit employee fired for blasphemy This case is easy

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" > wrote: I agree that my examples

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" > wrote: Per Sandys' and others' remarks, it seems to me if we think about i

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

2010-07-29 Thread Steven Jamar
but see http://en.wikipedia.org/wiki/Matthew_F._Hale On Jul 29, 2010, at 6:34 PM, Lisa A. Runquist wrote: > The right to believe is absolute. The right to act on that belief is not. -- Prof. Steven D. Jamar vox: 202-806-8017 Associate Director, Institute of Intellectual P

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, b

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 unabl

Re: Augusta State University student sues school over requirement that she un...

2010-07-29 Thread Steven Jamar
Doesn't the test have to be does the person understand the professional standards and can and will the person conform her conduct to them? It can't be based on belief. Some doctors are young earthers and do not believe in evolution. They can still treat germs and understand and conform their

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

2010-05-13 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 org

Re: A real-life on-campus example

2010-05-12 Thread Steven Jamar
i-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly)

Re: A real-life on-campus example

2010-05-11 Thread Steven Jamar
. I would have 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

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 that

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: A real-life on-campus example

2010-05-10 Thread Steven Jamar
g, but > they shouldn't pretend the conflict doesn't actually exist. > > Eric > > > -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) Inc. ___ To p

Re: Cert. granted in Snyder v. Phelps.

2010-03-10 Thread Steven Jamar
a funeral, or just does so with regard to a > recently dead person, or what 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. > >

Re: Cert. granted in Snyder v. Phelps.

2010-03-08 Thread Steven Jamar
t messages sent to this large list cannot be viewed as > private. > > Anyone can subscribe 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. > ___

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 of

Re: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Steven Jamar
cla.edu [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 sta

Re: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Steven Jamar
_ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this l

Re: FW from Chip Lupu: Elane Photography

2009-12-17 Thread Steven Jamar
e > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly

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
ere 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 of Int

Re: Comparative Law of Religious Liberty

2009-10-04 Thread Steven Jamar
t messages sent to this large list cannot be viewed as > private. Anyone can subscribe 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. > -- Pr

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 the

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

2009-08-13 Thread Steven Jamar
I haven't really kept up with decisions and actions in this area, but the Supreme Court held that refusal of pregnancy benefits was not sex discrimination and so it would seem that it would easily enough use the same (il)logic to rule that there was no sex discrimination here -- just run-of

Re: Wisconsin convicts parents for denial of medical treatment

2009-08-03 Thread Steven Jamar
On Aug 3, 2009, at 9:50 AM, Vance R. Koven wrote: [snip] After all, a parent's glowering is useless without at least the implied credible threat of direct action if diplomacy fails. This is a highly contestable statement at least to the extent it implies the necessity of corporal punish

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

2009-08-02 Thread Steven Jamar
e up with reasonably objective > standards for determining when it will leave parental decisions on > discipline to the parents? Is a black eye to be treated differently from a > black-and-blue bum? Are parents to be held prisoner by their children's > (purported) eggshell

Re: Wisconsin convicts parents for denial of medical treatment

2009-08-02 Thread Steven Jamar
lcate personal humility, a virtue in many religious traditions, that would offend outsiders. Are there any objective standards that can be brought to bear here, or do the mores of the chattering classes always prevail? Vance On Sun, Aug 2, 2009 at 9:41 AM, Steven Jamar wrote: Some time ag

Wisconsin convicts parents for denial of medical treatment

2009-08-02 Thread Steven Jamar
Some time ago the mother was convicted of murder, and now the father has been convicted as well. Their daughter had undiagnosed diabetes and when she could not walk, talk, eat, or speak, they still did not take her to the hospital, but prayed instead. He describes himself as a born-again

Re: Establishment Clause and Strict Scrutiny

2009-06-30 Thread Steven Jamar
I hope no one is seriously going to try to show that the Supreme Court establishment clause decisions are consistent or even decided on the basis of just one or a few principles consistently, even if the results are inconsistent. The Court has done worse in this area than ad hoc -- it has f

Re: A Concrete Example

2009-06-23 Thread Steven Jamar
erriding instructions, judicially enforceable, 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 messag

Re: "A Bible study group and a book club are not treated the same"

2009-06-22 Thread Steven Jamar
gt; To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; pe

Re: still waiting for concrete examples

2009-06-22 Thread Steven Jamar
listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe 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 other

Re: Snowbowl decision

2009-06-14 Thread Steven Jamar
-- From: religionlaw-boun...@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 unders

Re: Snowbowl decision

2009-06-13 Thread Steven Jamar
Ives Professor of Law and Associate Dean for Academc Affairs > University of St. Thomas School of Law > MSL 400, 1000 LaSalle Avenue > Minneapolis, MN 55403-2015 > Phone: (651) 962-4918 > Fax: (651) 962-4996 > E-mail: tcb...@stthomas.edu > SSRN: http://ssrn.com/author='26

Re: Snowbowl decision

2009-06-12 Thread Steven Jamar
7;t see how this decision 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 Reli

Re: Snowbowl decision

2009-06-12 Thread Steven Jamar
I think Prof. Berg hits it about right as far as the possible breadth of the decision, but, as is common, we don't really know what it means until the next case. For my part, I don't read the court language as very broad at all and I read the case as easily distinguishable from most cases

Re: Query from a lawyer

2009-05-05 Thread Steven Jamar
//lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wr

Gay rights and religious freedom in the news

2009-04-10 Thread Steven Jamar
From the washington post (quoting prominent list participants) http://www.washingtonpost.com/wp-dyn/content/article/2009/04/09/AR2009040904063.html And did everyone see Doug Laycock on the Daily Show? Sorry Doug. Steve -- Prof. Steven D. Jamar vox: 202-806-8017 Associat

Re: Americans United: Iowa Supreme Court Ruling On MarriageUpholdsReligious Liberty, Says Americans United

2009-04-04 Thread Steven Jamar
not fear-mongering just because we disagree on whether there is something to legitimately be afraid of. Brad - Original Message - From: "Steven Jamar" > To: "Law & Religion issues for Law Academics" > Sent: Friday, April 03, 2009 8:05 PM Subject: Re

Re: Americans United: Iowa Supreme Court Ruling On Marriage UpholdsReligious Liberty, Says Americans United

2009-04-03 Thread Steven Jamar
It is quite a stretch to say someone must not discriminate in renting property or providing secular services to say that religious organizations and their officiants must perform an action like marrying two other people contrary to their beliefs. We don't force priests to marry a catholic

Re: Government Religious Displays and Substantive Neutrality

2009-03-31 Thread Steven Jamar
In other words, Rick wants us to ignore the distinction between religion and secular and to repeal the establishment clause, leaving only the free exercise clause. Let the government make its religious speech, just like any other speech. Let government push any religious point of view as

Re: Connecticut bill

2009-03-10 Thread Steven Jamar
reak, servitude is at once the consequence > of his crime and the punishment of his guilt." > >John Philpot Curran, Speech upon the Right > of Election of the Lord Mayor of Dublin, July 10, 1790 > > This according to Bartlett's 16

Re: Connecticut bill

2009-03-10 Thread Steven Jamar
Well done, Doug et al. While the signers of the letter disagree on a topic or two in the area of religious freedom and constitutional interpretation of the religion clauses, there is a huge breadth of space over which they and I suspect nearly all constitutional law experts agree. This is

Re: First amendment suit against AIG bailout

2008-12-16 Thread Steven Jamar
sent to this large list cannot be viewed as > private. Anyone can subscribe 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. Ste

Re: First amendment suit against AIG bailout

2008-12-16 Thread Steven Jamar
I would be sorely tempted to move for Rule 11 sanctions on this one. 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

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

2008-11-19 Thread Steven Jamar
some things are out of bounds -- divorce for example -- but it seems short of that, most things could be handled as analogous to arbitration, mediation, or negotiated settlement, i.e., contractual. -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of

Virginia ban on state troopers mentioning Jesus Christ in public prayers

2008-09-26 Thread Steven Jamar
Thoughts? http://www.washingtonpost.com/wp-dyn/content/article/2008/09/24/AR2008092403471.html?hpid=sec-religion -- Prof. Steven Jamar Howard University School of Law Associate Director, Institute of Intellectual Property and Social Justice (IIPSJ) Inc

Re: 130 Muslim workers fired over unauthorized breaks during Ramadan

2008-09-12 Thread Steven Jamar
cribe, change options, or get password, see > > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > > > Please note that messages sent to this large list cannot be viewed > > as private. Anyone can subscribe to the list and read messages > > that are pos

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

2008-08-29 Thread Steven Jamar
ee > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly

Re: Conflicts between religious exefcise and gay rights and "cudgels"

2008-08-08 Thread Steven Jamar
qually working to get the religious exclusion in the statute? Or is there something that bars them from exercising their political rights in the representative democracy? Not all of these hard and close issues need to be or even should be solved on a hard

Re: Court: Exorcism is protected by law - Faith- msnbc.com

2008-06-28 Thread Steven Jamar
On Jun 28, 2008, at 2:22 PM, Paul Finkelman wrote: > it is hard to imagine how tying a minor child down can be anything > but a tort. Professor Lund seems to imply there is a religious > exception to normal tort law for tying up and abusing children. > what might that be? Not to speak for

Re: Religious Viewpoints Antidiscrimination Act

2008-03-03 Thread Steven Jamar
___ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone c

Re: Archbishop Williams and Sharia Courts

2008-02-09 Thread Steven Jamar
nt decision, or > just about binding arbitration (in whatever system, religious > or otherwise, of their > choice) for those parties who so agree by contract? I had > assumed it was the latter, but maybe I'm mistaken. > > Eugene > > > ___

Re: Archbishop Williams and Sharia Courts

2008-02-07 Thread Steven Jamar
This is an interesting issue that I am currently studying on a comparative basis -- particularly in parts of Africa where you can have all sorts of personal law (family and inheritance mostly) determined by different systems. In Mauritania you can have the general civil law, Islamic law, p

Re: Mayor pledges $1M to restore church

2008-02-03 Thread Steven Jamar
or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list memb

Re: Shielding child whose mother is Catholic from father's Wiccan lifestyle?

2008-01-24 Thread Steven Jamar
But it is doing so (according to some) not on the basis of religion or a religion per se, but rather because of some erstwhile other basis. Does not intent matter here? To me it seems to be both an endorsement and entanglement and also it seems to stepping on free exercise. But it is very

Re: Shielding child whose mother is Catholic from father's Wiccan lifestyle?

2008-01-24 Thread Steven Jamar
nge options, or get password, see > > > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > > > > > Please note that messages sent to this large list cannot be viewed as > > > private. Anyone can subscribe to the l

Re: sports attire and religious modesty

2008-01-17 Thread Steven Jamar
wrongly) forward the messages to others. > -- Prof. Steven Jamar Howard University School of Law ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listi

sports attire and religious modesty

2008-01-16 Thread Steven Jamar
Does the constitution require the state to allow this Muslim woman to run when not wearing the proper uniform? Steve http://www.washingtonpost.com/wp-dyn/content/article/2008/01/15/AR2008011503356.html?hpid=moreheadlines -- Prof. Steven Jamar Howard University School of Law

Re: Congressional resolutions: threat or menace?

2007-12-19 Thread Steven Jamar
On Dec 19, 2007, at 8:45 PM, Will Linden wrote: Meanwhile, Get Religion notes: "Of the nine representatives, all Democrats, who voted against the Christmas resolution, seven supported both the Ramadan and Diwali measures. Those seven were Reps. Gary Ackerman and Yvette Clarke, both of N

Re: RFRA and drawing blood for DNA database

2007-12-19 Thread Steven Jamar
eople to do things that they know are wrong. I agree. But not irrelevant either. Eugene From: [EMAIL PROTECTED] [mailto:religionlaw- [EMAIL PROTECTED] On Behalf Of Steven Jamar Sent: Wednesday, December 19, 2007 1:53 PM To: Law & Religion issues for Law Academics Subject: Re: RFRA an

Re: RFRA and drawing blood for DNA database

2007-12-19 Thread Steven Jamar
large list cannot be viewed as > private. Anyone can subscribe 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 ___

Re: RFRA bars drawing blood for DNA database

2007-12-19 Thread Steven Jamar
ongly) forward the messages to others. Become the change you seek in the world. -- Mahatma Gandhi. Steven Jamar [EMAIL PROTECTED] ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password,

Re: Pagan religion

2007-12-18 Thread Steven Jamar
Well, I guess the Pagans I know would disagree with this almost as much as they disagree about the exact doctrine of Paganism or as Christians disagree about various Christian doctrines. Pagan does not mean just "not me" or just "not monotheists". The Roman and Greeks were described by Chr

Re: An email of possible relevance

2007-12-17 Thread Steven Jamar
Agreed, Ed. Indeed, that is why I didn't even check as I usually would! On Dec 17, 2007, at 1:43 PM, Ed Brayton wrote: One of the seemingly infinite number of circulated emails full of feigned outrage and false claims on this issue that litter our inboxes. This list is the last place I woul

Re: An email of possible relevance

2007-12-17 Thread Steven Jamar
Most quotes on most memorials I see are edited in some fashion or other -- if nothing else then by selection of what to include or not include, where to start and where to end, and so on. I think the exception is the Lincoln Memorial with the full Gettysburg Address and full 2d Inaugural a

Re: Subway incident

2007-12-16 Thread Steven Jamar
amisar Collegiate Professor of Law > University of Michigan Law School > 625 S. State St. > Ann Arbor, MI 48109-1215 > 734-647-9713 > > ___ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, un

Re: alarming new law?

2007-12-16 Thread Steven Jamar
cla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward t

Re: Check out Biologist fired for beliefs, suit says - The Boston Globe

2007-12-07 Thread Steven Jamar
> To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as &g

Re: InnerChange Litigation

2007-12-06 Thread Steven Jamar
On Dec 6, 2007, at 10:22 AM, Paul Diamond wrote: I must admit that I am with Professor Lund on this. [snip] 3. Has anyone thought of the prisoner First Amendment rights! What is prisoners are so willing to find a new life and answer to their problems,- that they want to volunteer for th

Re: Romney Delivers Important Speech On His Religious Beliefs

2007-12-06 Thread Steven Jamar
message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list

Re: InnerChange Litigation

2007-12-05 Thread Steven Jamar
If the state had been doing it directly, the state could not reimburse itself, could it? So it seems to me that seeking restitution here, in the absence of fraud, is wrong and the 8th Circuit is right -- howsoever lax the reasoning may be. If PFM were representing that it would do one thi

Re: Fighting words and Phelps

2007-11-06 Thread Steven Jamar
Agreed as to the effect on the time place and manner aspect of the intentional infliction of emotional distress tort. I think a general statute prohibiting all picketing and demonstrations at or around funerals would still be a constitutional time, place, or manner restriction (and even Eu

Re: The trouble with IIED liability here

2007-11-05 Thread Steven Jamar
to-the-exception mentioned in NYT v. Sullivan), but the reason > Hustler's proviso that false statements (presumably about the plaintiff) > are actionable makes sense is precisely that they fall within an > exception. > > > -Original Message- > > From: [EMAIL

Re: The trouble with IIED liability here

2007-11-04 Thread Steven Jamar
1) Otherwise protected speech can't be regulated > because it's "outrageous," and (2) there's no new First Amendment > exception for outrageous speech that causes severe emotional distress. > > -- Prof. Steven Jamar Howard University School of Law

Re: The trouble with IIED liability here

2007-11-04 Thread Steven Jamar
If I understand Eugene correctly, intentional infliction of emotional distress can never be constitutional unless what causes the distress is pure conduct. So if there are a series of late night phone calls, then there is speech and so there can be no IIED liability. Even if the calls are

Re: Speech and conduct

2007-11-03 Thread Steven Jamar
andy Bezanson > > -Original Message- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar > Sent: Saturday, November 03, 2007 1:36 PM > To: Law & Religion issues for Law Academics > Subject: Re: Speech and conduct > > IIED can be treate

Re: Speech and conduct

2007-11-03 Thread Steven Jamar
of privacy) is precisely the speech. > > Eugene > > > > > > > > > See what's new at AOL.com and Make AOL Your Homepage. > ___ > To post, send message to Religionl

Re: Speech and conduct

2007-11-02 Thread Steven Jamar
> To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as

Re: IIED and vagueness

2007-11-01 Thread Steven Jamar
content-neutral* time, place, and manner > restrictions. They say that, but the "secondary effects" doctrine seems to undermine it a bit, no? Steve -- Prof. Steven Jamar Howard University School of Law ___ To post, send message to Rel

Re: IIED and vagueness

2007-11-01 Thread Steven Jamar
e the family has a long record > of attending church -- oh, heck, let's assume the soldier is himself a > Returned Missionary for the Latter-day Saints church, and that his father is > the current bishop of the ward. Which First Amendment Right gets honored? > --

Re: IIED and vagueness

2007-11-01 Thread Steven Jamar
ness' in the area of political and > social > > discourse has an inherent subjectiveness about it which > would allow a > > jury to impose liability on the basis of the jurors' tastes > or views, or >

Re: Anti-gay church verdict

2007-11-01 Thread Steven Jamar
O. Conkle > Robert H. McKinney Professor of Law > Indiana University School of Law > Bloomington, Indiana 47405 > (812) 855-4331 > fax (812) 855-0555 > e-mail [EMAIL PROTECTED] > *** > -- Prof. Steven Jamar Howard University School of

Re: IIED and vagueness

2007-11-01 Thread Steven Jamar
ces the vagueness is such an important problem that it > makes it hard to do the rest of the constitutional analysis, since it's > so hard to tell just what speech the law will restrict, even if limited > to cases where plaintiffs are private figures.) > > Eugene

Improper use of religious comp time

2007-10-12 Thread Steven Jamar
://tinyurl.com/2n7voq Steve -- Prof. Steven Jamar Howard University School of Law ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo

Re: Supreme Court won't hear appeal in CatholicCharitiesoftheDioceseof Alba...

2007-10-03 Thread Steven Jamar
that violates the > tenets of their faith. (By analogy, the free exercise interest of the > religious pacifist is not in being exempt from a civil obligation of public > service for two years of his life, it is in not having that service directed > to killing people in war

Re: wwc -- semis

2007-09-23 Thread Steven Jamar
My apologies to the list -- I have no idea how or why google put this address into this private email! Some bug in gmail I've run into once before. Steve On 9/23/07, Will Linden <[EMAIL PROTECTED]> wrote: > That's what YOU say! > > On Sun, 23 Sep 2007, Steven Jam

wwc -- semis

2007-09-23 Thread Steven Jamar
-- they get the extra day for the final. dad -- Prof. Steven Jamar Howard University School of Law ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin

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

2007-09-21 Thread Steven Jamar
lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > > >Please note that messages sent to this large list cannot be viewed as > >private. Anyone can subscribe to the list and read messages that are > >posted; people can read the Web archives; and

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

2007-09-21 Thread Steven Jamar
ges sent to this large list cannot be viewed as > private. Anyone can subscribe 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 o

guns and religious buildings

2007-09-20 Thread Steven Jamar
weapons into buildings.) Are these situations legally distinguishable? EC or FE? Steve -- Prof. Steven Jamar Howard University School of Law ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password

Re: quotation correction

2007-09-19 Thread Steven Jamar
igionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe 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. > --

Re: Suing God (honest, it's a lawsuit that has really been filed)

2007-09-18 Thread Steven Jamar
/lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are posted; > people can read the Web archives; and list members can (rightly or wron

Re: "But that's what it MEANS"

2007-09-10 Thread Steven Jamar
subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are posted; > p

Re: Joel wanted to show you an article

2007-09-10 Thread Steven Jamar
Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe 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

Re: Recent Threads

2007-09-08 Thread Steven Jamar
tions, or get password, see >>> <http://lists.ucla.edu/cgi-bin/mailman/listinfo/ religionlaw>http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw >>> >>> >>> Please note that messages sent to this large list cannot be viewed as >>> p

Re: "Mormon Student, Justice, ACLU Join Up"

2007-09-08 Thread Steven Jamar
Surely this can't be right, at least not as broadly as it is stated. Surely the state can and indeed must choose any number of positions that secularists advance without it being "discriminatory." Or at least not constitutionally or statutorily illegally discriminatory. Surely the state c

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