Two more Hobby Lobby posts

2014-06-15 Thread Marty Lederman
I'm under no illusion that such things could possibly have any influence on the Court at this late date (majority opinions having been in circulation for at least two weeks now), but thought it might be worth posting two further entries on Hobby Lobby, in anticipation of the decision:

RE: Two more Hobby Lobby posts

2014-06-15 Thread Alan Brownstein
] on behalf of Marty Lederman [lederman.ma...@gmail.com] Sent: Sunday, June 15, 2014 2:04 PM To: Law Religion issues for Law Academics Subject: Two more Hobby Lobby posts I'm under no illusion that such things could possibly have any influence on the Court at this late date (majority opinions having been

Re: Two more Hobby Lobby posts

2014-06-15 Thread Marty Lederman
issues for Law Academics *Subject:* Two more Hobby Lobby posts I'm under no illusion that such things could possibly have any influence on the Court at this late date (majority opinions having been in circulation for at least two weeks now), but thought it might be worth posting two further

RE: Two more Hobby Lobby posts

2014-06-15 Thread Alan Brownstein
...@lists.ucla.edu] on behalf of Marty Lederman [lederman.ma...@gmail.commailto:lederman.ma...@gmail.com] Sent: Sunday, June 15, 2014 2:04 PM To: Law Religion issues for Law Academics Subject: Two more Hobby Lobby posts I'm under no illusion that such things could possibly have any influence on the Court

RE: recommended Hobby Lobby posts

2014-02-21 Thread Rick Garnett
/ Twitter: @RickGarnetthttps://twitter.com/RickGarnett From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein Sent: Friday, February 21, 2014 1:22 AM To: Law Religion issues for Law Academics Subject: RE: recommended Hobby Lobby posts

RE: recommended Hobby Lobby posts

2014-02-21 Thread Gaubatz, Derek
and worshipping our Lord Jesus Christ. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu Sent: Thursday, February 20, 2014 8:27 PM To: Law Religion issues for Law Academics Subject: Re: recommended Hobby Lobby posts Mark Scarberry writes We

RE: recommended Hobby Lobby posts

2014-02-20 Thread Douglas Laycock
-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Wednesday, February 19, 2014 10:33 PM To: Law Religion issues for Law Academics Subject: recommended Hobby Lobby posts I have some further posts up on Balkinization. More importantly, both Chip Lupu/Bob Tuttle and Doug Laycock have

RE: recommended Hobby Lobby posts

2014-02-20 Thread Douglas Laycock
-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Wednesday, February 19, 2014 10:33 PM To: Law Religion issues for Law Academics Subject: recommended Hobby Lobby posts I have some further posts up on Balkinization. More importantly, both Chip Lupu/Bob Tuttle and Doug Laycock have

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
:* religionlaw-boun...@lists.ucla.edu [mailto: religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman *Sent:* Wednesday, February 19, 2014 10:33 PM *To:* Law Religion issues for Law Academics *Subject:* recommended Hobby Lobby posts I have some further posts up on Balkinization. More

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
...@lists.ucla.edu [mailto: religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman *Sent:* Wednesday, February 19, 2014 10:33 PM *To:* Law Religion issues for Law Academics *Subject:* recommended Hobby Lobby posts I have some further posts up on Balkinization. More importantly

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
for Law Academics *Subject:* recommended Hobby Lobby posts I have some further posts up on Balkinization. More importantly, both Chip Lupu/Bob Tuttle and Doug Laycock have excellent posts up as part of the SCOTUSblog symposium, which I commend to all of you: Chip/Bob: http

Re: recommended Hobby Lobby posts

2014-02-20 Thread James Oleske
:* religionlaw-boun...@lists.ucla.edu [mailto: religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman *Sent:* Wednesday, February 19, 2014 10:33 PM *To:* Law Religion issues for Law Academics *Subject:* recommended Hobby Lobby posts I have some further posts up on Balkinization. More

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marci Hamilton
To: Law Religion issues for Law Academics Subject: recommended Hobby Lobby posts I have some further posts up on Balkinization. More importantly, both Chip Lupu/Bob Tuttle and Doug Laycock have excellent posts up as part of the SCOTUSblog symposium, which I commend to all of you

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
issues for Law Academics *Subject:* recommended Hobby Lobby posts I have some further posts up on Balkinization. More importantly, both Chip Lupu/Bob Tuttle and Doug Laycock have excellent posts up as part of the SCOTUSblog symposium, which I commend to all of you: Chip/Bob: http

RE: recommended Hobby Lobby posts

2014-02-20 Thread Alan Brownstein
With regard to Jim's post (and Chip and Bob's piece), I appreciate the argument that in employment cases RFRA should be interpreted the same way that Title VII has been interpreted --- essentially denying all RFRA claims that would impose more than de minimis costs on third parties or the

Re: recommended Hobby Lobby posts

2014-02-20 Thread Marty Lederman
Alan: I'll let Chip speak for himself, but I don't think the relevant distinction is so much between employment cases and all others as it is between cases *in the commercial sector *(especially claims brought by for-profit enterprises) and all others. In *Piggie Park*, for example, the harm was

Re: recommended Hobby Lobby posts

2014-02-20 Thread Ira Lupu
Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights contexts (like free speech) where third party costs are present -- Religion is different. The Establishment Clause is a limit on the government's power to authorize one party to act on religious

RE: recommended Hobby Lobby posts

2014-02-20 Thread Scarberry, Mark
Subject: Re: recommended Hobby Lobby posts Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights contexts (like free speech) where third party costs are present -- Religion is different. The Establishment Clause is a limit on the government's power

Re: recommended Hobby Lobby posts

2014-02-20 Thread Greg Lipper
...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu Sent: Thursday, February 20, 2014 3:44 PM To: Law Religion issues for Law Academics Subject: Re: recommended Hobby Lobby posts Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights

Re: recommended Hobby Lobby posts

2014-02-20 Thread Ira Lupu
: recommended Hobby Lobby posts Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights contexts (like free speech) where third party costs are present -- Religion is different. The Establishment Clause is a limit on the government's power to authorize one

RE: recommended Hobby Lobby posts

2014-02-20 Thread Alan Brownstein
, February 20, 2014 3:44 PM To: Law Religion issues for Law Academics Subject: Re: recommended Hobby Lobby posts Very good questions, Alan. Three replies (in reverse order of your questions): 1. Other rights contexts (like free speech) where third party costs are present -- Religion is different

recommended Hobby Lobby posts

2014-02-19 Thread Marty Lederman
I have some further posts up on Balkinization. More importantly, both Chip Lupu/Bob Tuttle and Doug Laycock have excellent posts up as part of the SCOTUSblog symposium, which I commend to all of you: Chip/Bob:

Re: Hobby Lobby posts

2013-12-17 Thread Marty Lederman
] *On Behalf Of *Alan Brownstein *Sent:* Monday, December 16, 2013 2:15 PM *To:* Law Religion issues for Law Academics *Subject:* RE: Hobby Lobby posts I also thought that Marty’s argument that there is actually no employer mandate for RFRA purposes was extremely thoughtful and interesting

Re: Hobby Lobby posts

2013-12-17 Thread James Oleske
With respect to the first issue discussed by Eugene and Marty, here are the average per-policy employer contributions in the United States reported by the Kaiser Family Foundation: Family policy - $11,237 Employee plus one policy - $7,797 Single employee policy - $4,266

Hobby Lobby posts

2013-12-16 Thread Marty Lederman
Since no one else has mentioned it, I will: Eugene recently published a remarkable series of posts on the case -- so much there that virtually everyone on this listserv is sure to agree with some arguments and disagree with others. It's an amazing public service, whatever one thinks of the

Re: Hobby Lobby posts

2013-12-16 Thread Micah Schwartzman
In the interest of collecting arguments related to Hobby Lobby, here are links to some posts that Nelson Tebbe, Richard Schragger, and I have written on Establishment Clause arguments related to the case: The Establishment Clause and the Contraception Mandate

RE: Hobby Lobby posts

2013-12-16 Thread Volokh, Eugene
Religion issues for Law Academics Subject: Hobby Lobby posts Since no one else has mentioned it, I will: Eugene recently published a remarkable series of posts on the case -- so much there that virtually everyone on this listserv is sure to agree with some arguments and disagree with others. It's

RE: Hobby Lobby posts

2013-12-16 Thread Alan Brownstein
: Hobby Lobby posts I much appreciate Marty's kind words about my posts, and I'm very interested in his posts. The argument that there's actually no employer mandate for RFRA purposes (the Part III post) strikes me as especially interesting, though I'm somewhat skeptical about