:28 PM
*To:* Law Religion issues for Law Academics
*Subject:* Re: Hosanna-Tabor and the Ministerial Exception
Rick: I'm not exactly sure whether you mean to suggest that
Hosanna-Tabor itself is an example of your second sort of case, i.e., as
involving something the state lacks the power
)
Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Monday, August 15, 2011 9:53 AM
To: Law Religion issues for Law Academics
Subject: Hosanna-Tabor
: Hosanna-Tabor and the Ministerial Exception
Now that all the briefs are in except Doug's reply -- see
_http://www.americanbar.org/publications/preview_home/10-553.html_
(http://www.americanbar.org/publications/preview_home/10-553.html) -- I was
wondering if anyone has
any reactions
in
balancing the two, however clumsily, and the invocation of these concepts
certainly won't answer any difficult questions.
From: hamilto...@aol.com
Date: Tue, 16 Aug 2011 10:22:42 -0400
Subject: Re: Hosanna-Tabor and the Ministerial Exception
To: religionlaw@lists.ucla.edu
Nelson-- Just
Paul-- I don't disagree with the substance of what you say. Absolute
liberty, or autonomy, is not the US Constitution's role (except when we are
talking about the right to believe). There is always the possibility that
the government can justify burdens on liberty.
What church
?
Howard Friedman
-Original Message-
From: religionlaw-boun...@lists.ucla.edu on behalf of Christopher Lund
Sent: Tue 8/16/2011 10:08 AM
To: 'Law Religion issues for Law Academics'
Subject: RE: Hosanna-Tabor and the Ministerial Exception
Marty asked for opinions on the briefs. Here
Sent: Tuesday, August 16, 2011 11:47 AM
To: religionlaw@lists.ucla.edu
Subject: Re: Hosanna-Tabor and the Ministerial Exception
Paul-- I don't disagree with the substance of what you say. Absolute liberty,
or autonomy, is not the US Constitution's role (except when we are talking
about the right
issues for Law Academics
Subject: RE: Hosanna-Tabor and the Ministerial Exception
Dear colleagues,
For what it's worth (disclosure: I helped on an amicus brief, for the
church-school, in the H-T case), and with respect to Marci's statement that
those of us who contend that church autonomy
these years.
Best,
Chris
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Friedman, Howard
M.
Sent: Tuesday, August 16, 2011 11:55 AM
To: Law Religion issues for Law Academics
Subject: RE: Hosanna-Tabor and the Ministerial Exception
It seems to me
AM
To: Law Religion issues for Law Academics
Subject: RE: Hosanna-Tabor and the Ministerial Exception
Dear colleagues,
For what it's worth (disclosure: I helped on an amicus brief, for the
church-school, in the H-T case), and with respect to Marci's statement that
those of us who contend
, 2011 10:49 AM
To: Law Religion issues for Law Academics
Subject: RE: Hosanna-Tabor and the Ministerial Exception
Dear Alan,
I don't think I was getting to the level of distinct rules; I was just trying
to separate out (or, at least distinguish) two ways of thinking about the
problem. My gut
on behalf of Christopher Lund
Sent: Tue 8/16/2011 1:49 PM
To: 'Law Religion issues for Law Academics'
Subject: RE: Hosanna-Tabor and the Ministerial Exception
Thanks, Howard. Is there something in the SG's brief that suggests that
it thinks there would be a ministerial exception to the
anti
If the Court upholds a ministerial exception, it is only fair for the
federal government and the states to amend their anti-discrimination laws to
require employers otherwise covered to disclose to their religious employees
that they will not have the protection of the anti-discrimination
...@lists.ucla.edu] *On Behalf Of *hamilto...@aol.com
*Sent:* Tuesday, August 16, 2011 11:47 AM
*To:* religionlaw@lists.ucla.edu
*Subject:* Re: Hosanna-Tabor and the Ministerial Exception
** **
Paul-- I don't disagree with the substance of what you say. Absolute
liberty, or autonomy
Religion issues for Law Academics
Subject: Re: Hosanna-Tabor and the Ministerial Exception
Rick: I'm not exactly sure whether you mean to suggest that Hosanna-Tabor
itself is an example of your second sort of case, i.e., as involving something
the state lacks the power to regulate.
I think we would
Now that all the briefs are in except Doug's reply -- see
http://www.americanbar.org/publications/preview_home/10-553.html -- I was
wondering if anyone has any reactions, in particular whether anyone's views
have changed by virtue of the briefs. I haven't seen much discussion online
lately.
-- although they haven't changed my mind.
Paul Horwitz
From: lederman.ma...@gmail.com
Date: Mon, 15 Aug 2011 09:53:06 -0400
Subject: Hosanna-Tabor and the Ministerial Exception
To: religionlaw@lists.ucla.edu
Now that all the briefs are in except Doug's reply -- see
http://www.americanbar.org
Aug 2011 09:53:06 -0400
Subject: Hosanna-Tabor and the Ministerial Exception
To: religionlaw@lists.ucla.edu
Now that all the briefs are in except Doug's reply -- see
http://www.americanbar.org/publications/preview_home/10-553.html -- I was
wondering if anyone has any reactions, in particular
: Re: Hosanna-Tabor and the Ministerial Exception
From: icl...@law.gwu.edu
To: religionlaw@lists.ucla.edu
Marty is certainly correct to question the conclusion in Paul's post. Doug
Laycock is counsel of record for Hosanna-Tabor, and Michael McConnell is a
co-author of one of the leading amicus
and
religion.
Best,
Paul
--
Date: Mon, 15 Aug 2011 11:25:30 -0400
Subject: Re: Hosanna-Tabor and the Ministerial Exception
From: icl...@law.gwu.edu
To: religionlaw@lists.ucla.edu
Marty is certainly correct to question the conclusion in Paul's post. Doug
Mea culpa!
From: lederman.ma...@gmail.com
Date: Mon, 15 Aug 2011 12:09:10 -0400
Subject: Re: Hosanna-Tabor and the Ministerial Exception
To: religionlaw@lists.ucla.edu
That's true -- that there should be no ministerial exemption at all is probably
not the position of most professors who
Preliminarily, let me say that I sincerely hope there is a wide variety of
views among law professors on this issue, and most every other issue in our
field.
The issue in the Hosanna Tabor in my view is not whether there will be a
ministerial exception, but, as Doug puts it, where to
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