Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Scarberry, Mark
Here is a NY Times letter to the editor from Mark Rienzi about the Little Sisters of the Poor and the form that the Court thus far has excused them from having to sign, taking issue with a Linda Greenhouse column: http://www.nytimes.com/2014/02/14/opinion/abortion-and-contraception-cases-before-

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Greg Lipper
ace and peace to you, Derek From: Greg Lipper Sent: Monday, February 17, 2014 6:35 PM To: Law & Religion issues for Law Academics Reply To: Greg Lipper Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity Professor Sisk’s post epitomizes many of the inacc

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Levinson, Sanford V
issues for Law Academics' Subject: RE: Notre Dame-- where's the complicit "participation"? Sincerity The question is not about access to health care or to contraception. No one proposes to ban contraception or withdraw it from the market. Access to contraception for those who

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Gaubatz, Derek
tizens to crippling fines for seeking to live their lives in accord with their faith? Grace and peace to you, Derek From: Greg Lipper Sent: Monday, February 17, 2014 6:35 PM To: Law & Religion issues for Law Academics Reply To: Greg Lipper Subject: Re: Notre Dame-- where's the complicit "

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Sisk, Gregory C.
The question is not about access to health care or to contraception. No one proposes to ban contraception or withdraw it from the market. Access to contraception for those who cannot afford it is already widely available through both government and private efforts. Government subsidizes cont

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Ira Lupu
Greg Sisk's post quite stunningly asks for mutual respect for the contending concerns in the contraceptive mandate cases, and then (just as Greg Lipper wrote) minimizes the concern for women's health and well-being that explains the contraceptive mandate. The safest and most effective contraceptio

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Levinson, Sanford V
Lipper Sent: Monday, February 17, 2014 6:33 PM To: Law & Religion issues for Law Academics Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity Professor Sisk's post epitomizes many of the inaccurate assumptions that led to the enactment of the wom

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Greg Lipper
Professor Sisk’s post epitomizes many of the inaccurate assumptions that led to the enactment of the women’s health provisions in the first place. Let me try to address a few of the most important points: 1. The distinction between “medically-indicated” (non-contraceptive) uses of contraception

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Hillel Y. Levin
With all respect, I think I disagree strongly with Gregory Sisk's email below. I am amazed at how accommodating this country is of minority religious groups. To be sure, sometimes the religious lobby loses to other lobbies, but it wins often enough that it is evident that minority religious groups

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Sisk, Gregory C.
Derek Gaubatz’s post concludes with a point that is too often lost in the sound and fury about the imposition of the abortificient/contraception mandate on employers of faith – which is that the mandate is dubious public policy (even on its own terms) and this dispute could have been avoided but

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Greg Lipper
religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com<mailto:hamilto...@aol.com> Sent: Sunday, February 16, 2014 3:14 PM To: religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu> Subject: Re: Notre Dame-- where's

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-17 Thread Marci Hamilton
is that I presume as a fact > that the claimant seeking an exemption is sincere because most of the time it > is true. > > Alan > From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] > on behalf of Marty Lederman [lederman.ma...@gmail.com] > Sent:

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Alan Brownstein
ruary 16, 2014 1:10 PM To: Law & Religion issues for Law Academics Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity I may have more to say on this point later, but for now this'll have to suffice: First, Doug may be correct that there is no doubt abou

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Richard Dougherty
I take it that depends on what we mean by "not uncommon." A family of 15 children in mid-century America was a remarkable phenomenon, I can say from experience. Not sure in what sense the Catholic Church was part of the government when Ireland was for so long under the tyrannical British (not Cat

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Douglas Laycock
Somebody had a column in Slate about how American businesses did not file amicus briefs supporting Hobby Lobby and Conestoga Wood. He seemed to think this somehow cut against them. What it shows is that most businesses think they have no stake in this litigation. They don't see any religious cl

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Douglas Laycock
I don't know how the argument about family size connects to the legal issues, but for the record: Marci's ten to twenty number is based on what demographers call "natural fertility." That's where a couple makes no effort whatever to limit conception. The phrase comes from my demographer wife, w

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread hamilton02
-Original Message- From: Richard Dougherty To: Law & Religion issues for Law Academics Sent: Sun, Feb 16, 2014 5:07 pm Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity Two points of clarification that I think may be helpful: 1) One of

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Penalver, Eduardo
sts.ucla.edu] On Behalf Of hamilto...@aol.com<mailto:hamilto...@aol.com> Sent: Sunday, February 16, 2014 3:14 PM To: religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu> Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity Is Doug correct as a l

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread hamilton02
-0215 http://sol-reform.com -Original Message- From: Scarberry, Mark To: Law & Religion issues for Law Academics Sent: Sun, Feb 16, 2014 6:32 pm Subject: RE: Notre Dame-- where's the complicit "participation"? Sincerity Let me add in response to Marci tha

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Friedman, Howard M.
& Religion issues for Law Academics Subject: RE: Notre Dame-- where's the complicit "participation"? Sincerity Does anyone know whether the trustees of Notre Dame perhaps interpreted Pope Benedict's remarks in his meeting with them in Rome on Jan. 31 as being a reference

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Gaubatz, Derek
Re Marci's assertion that the slippery slope is "perpendicular" if for profit corporations are recognized to be protected under RFRA, it seems to me that we don't have to just rely on the rhetorical speculation of Marci and the Obama administration in its brief. Instead, we have, as Marty has he

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Friedman, Howard M.
Cc: Law & Religion issues for Law Academics Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity There is a huge difference between the Church's teaching on contraception (which is clear), and its views on the permissibility of participating in an ins

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Rick Garnett
law-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com<mailto:hamilto...@aol.com> Sent: Sunday, February 16, 2014 3:14 PM To: religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu> Subject: Re: Notre Dame-- where's the comp

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Penalver, Eduardo
: Sunday, February 16, 2014 3:14 PM To: religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu> Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity Is Doug correct as a legal matter that the bishops speak for Notre Dame, as opposed to its offic

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Scarberry, Mark
Scarberry Pepperdine University School of Law Sent from my Verizon Wireless 4G LTE Smartphone Original message From: Richard Dougherty Date:02/16/2014 2:07 PM (GMT-08:00) To: Law & Religion issues for Law Academics Subject: Re: Notre Dame-- where's the complicit "

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Richard Dougherty
Two points of clarification that I think may be helpful: 1) One of the most important consequences of the HHS mandate is that a far greater number of Catholics now have a better idea of what the Church's teaching is on contraception and other life issues than they did before, which makes the impos

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Marty Lederman
t; they may do in their private life. > > > > Douglas Laycock > > Robert E. Scott Distinguished Professor of Law > > University of Virginia Law School > > 580 Massie Road > > Charlottesville, VA 22903 > > 434-243-8546 > > > > *From:* religionlaw-bo

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Marci Hamilton
ad > Charlottesville, VA 22903 > 434-243-8546 > > From: religionlaw-boun...@lists.ucla.edu > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com > Sent: Sunday, February 16, 2014 3:14 PM > To: religionlaw@lists.ucla.edu > Subject: Re: Notre Da

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Marty Lederman
8546 > > > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *hamilto...@aol.com > *Sent:* Sunday, February 16, 2014 3:14 PM > > *To:* religionlaw@lists.ucla.edu > *Subject:* Re: Notre Dame-- where's the complic

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread Douglas Laycock
Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com Sent: Sunday, February 16, 2014 3:14 PM To: religionlaw@lists.ucla.edu Subject: Re: Notre Dame-- where's the comp

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-16 Thread hamilton02
enjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 (212) 790-0215 http://sol-reform.com -Original Message- From: Douglas Laycock To: 'Law & Religion issues for Law Academics' Sent: Sat, Feb 15, 2014 1:45 pm Subject: Notre Dame-- where

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-15 Thread Levinson, Sanford V
with increased reservations). sandy -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Rienzi, Mark L Sent: Saturday, February 15, 2014 12:41 PM To: Law & Religion issues for Law Academics Subject: RE: Notre Dame

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-15 Thread Paul Horwitz
"In a liberal and tolerant society, I would also suggest that, absent some particularly compelling circumstances, the government should not burden either law professor by making them take the action they believe would render them morally culpable for someone else's wrongdoing." Which again make

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-15 Thread Scarberry, Mark
n...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com<mailto:hamilto...@aol.com> Sent: Saturday, February 15, 2014 6:31 AM To: religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>; kurtla...@gmail.com<mailto:kurtla...@gmail.com>

Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-15 Thread Douglas Laycock
nt: Saturday, February 15, 2014 11:16 AM To: religionlaw@lists.ucla.edu <mailto:religionlaw@lists.ucla.edu> Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity Fair questions. Legal academics do not operate in an isolated ivory tower, but rather in t

RE: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-15 Thread Rienzi, Mark L
s.ucla.edu] on behalf of Marc DeGirolami [marc.degirol...@stjohns.edu] Sent: Saturday, February 15, 2014 10:42 AM To: Law & Religion issues for Law Academics Cc: kurtla...@gmail.com Subject: Re: Notre Dame-- where's the complicit "participation"? Sincerity With respect, I d

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-15 Thread hamilton02
niversity 55 Fifth Avenue New York, NY 10003 (212) 790-0215 http://sol-reform.com -Original Message- From: Marc DeGirolami To: Law & Religion issues for Law Academics Cc: kurtlash2 Sent: Sat, Feb 15, 2014 10:45 am Subject: Re: Notre Dame-- where's the complicit "p

Re: Notre Dame-- where's the complicit "participation"? Sincerity

2014-02-15 Thread Marc DeGirolami
eligionlaw@lists.ucla.edu>> Cc: "religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>" mailto:religionlaw@lists.ucla.edu>>, "kurtla...@gmail.com<mailto:kurtla...@gmail.com>" mailto:kurtla...@gmail.com>> Subject: Re: Notre Dame-- where's t