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

2014-02-17 Thread Marci Hamilton
[lederman.ma...@gmail.com] Sent: Sunday, February 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

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

2014-02-17 Thread Greg Lipper
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 insurance scheme that covers contraception for employees who would likely

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

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 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

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

2014-02-17 Thread Levinson, Sanford V
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 women's health provisions in the first place. Let me try to address a few of the most

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

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

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

2014-02-17 Thread Levinson, Sanford V
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 cannot afford it is already widely

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

2014-02-17 Thread Greg Lipper
, 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 inaccurate assumptions that led to the enactment of the women’s health provisions

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:

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

2014-02-16 Thread hamilton02
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 the public sphere. Law professors, after all, are primarily responsible for crafting and supporting RFRA from an early stage

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

2014-02-16 Thread Marty Lederman
@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 officials, and the officials' actions are irrelevant? And that the actions of its co-religionist officials

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

2014-02-16 Thread Marci Hamilton
: 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 complicit participation? Sincerity Is Doug correct as a legal matter

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

2014-02-16 Thread Marty Lederman
22903 434-243-8546 *From:* religionlaw-boun...@lists.ucla.edu [ mailto:religionlaw-boun...@lists.ucla.edureligionlaw-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

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

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 participation

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

2014-02-16 Thread Penalver, Eduardo
To: religionlaw@lists.ucla.edumailto: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 officials, and the officials' actions are irrelevant

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

2014-02-16 Thread Rick Garnett
Of hamilto...@aol.commailto:hamilto...@aol.com Sent: Sunday, February 16, 2014 3:14 PM To: religionlaw@lists.ucla.edumailto: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

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

2014-02-16 Thread Friedman, Howard M.
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 insurance scheme that covers contraception for employees who

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

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 to Notre Dame's position

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

2014-02-16 Thread hamilton02
http://sol-reform.com -Original Message- From: Scarberry, Mark mark.scarbe...@pepperdine.edu To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Sent: Sun, Feb 16, 2014 6:32 pm Subject: RE: Notre Dame-- where's the complicit participation? Sincerity Let me add

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

2014-02-16 Thread Penalver, Eduardo
:14 PM To: religionlaw@lists.ucla.edumailto: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 officials, and the officials' actions are irrelevant

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

2014-02-16 Thread hamilton02
-Original Message- From: Richard Dougherty dou...@udallas.edu To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu 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

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,

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

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

2014-02-16 Thread Alan Brownstein
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 about what the Church's teaching is about the morality

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

2014-02-15 Thread Marc DeGirolami
-- where's the complicit participation? Sincerity 1) I was unaware there was such an ethos. It does not seem to be a terribly strong one. 2) Yes, churches, religious institutions, and indeed all other institutions, including law schools, liberal nonprofits, and so on are subject to institutional

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

2014-02-15 Thread hamilton02
@lists.ucla.edu religionlaw@lists.ucla.edu, kurtla...@gmail.com kurtla...@gmail.com Subject: Re: Notre Dame-- where's the complicit participation? Sincerity 1) I was unaware there was such an ethos. It does not seem to be a terribly strong one. 2) Yes, churches, religious institutions

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

2014-02-15 Thread Rienzi, Mark L
] 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 do not understand the comment below about

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

2014-02-15 Thread Douglas Laycock
, 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 the public sphere. Law professors, after

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

2014-02-15 Thread Scarberry, Mark
...@aol.commailto:hamilto...@aol.com Sent: Saturday, February 15, 2014 6:31 AM To: religionlaw@lists.ucla.edumailto:religionlaw@lists.ucla.edu; kurtla...@gmail.commailto:kurtla...@gmail.com Subject: Re: Notre Dame-- where's the complicit participation? Sincerity Marty raises a critical issue

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 makes

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

2014-02-15 Thread Levinson, Sanford V
...@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-- where's the complicit participation? Sincerity The exchange between Marci and Marc about moral complicity