Re: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Arthur Spitzer
Marci - Just 4 hours ago, I thought you agreed that "If it's 5 to 10 minutes [delay], and the system does not have to bear additional cost of hiring additional drivers to accommodate this one, it seems like a good accommodation." Now you say that accommodation is "inappropriate in certain circums

Re: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Hamilton02
Amen, Mark, on the God help us part. We differ on what is needed to get along. You think apparently that believers should have the world around them shaped to their beliefs. I believe that oftentimes believers must adjust to the world around them. The law against polygamy was a good

Re: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Hamilton02
Eugene -- I was agreeing with you, I believe. I wasn't describing Title VII law, but rather what it should be. It should recognize the principle that accommodation is unnecessary and even inappropriate in certain circumstances, and one of them is transportation. Right now, the secular

RE: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Volokh, Eugene
es customers to say, when they make the call, where they're going), I don't see how secular courts can reject the Title VII claim on "none of your business" grounds. Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf O

RE: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Scarberry, Mark
Law Academics Subject: Re: Bus Driver and Women's Interests/ Was Settlement or extortion? Yes, and if we allow one conscientious objector to be excused from the draft, pretty soon we won't be able to get anyone to serve in the Army. Your crystal ball was manufactured at a different fac

RE: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Scarberry, Mark
: Tuesday, April 26, 2011 5:57 AM To: religionlaw@lists.ucla.edu Subject: Re: Bus Driver and Women's Interests/ Was Settlement or extortion? Mark-- Thank you very much for your thoughtful response. I do respect your position and understand that it is shared by others. As I suppose is no sur

Re: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Arthur Spitzer
Yes, and if we allow one conscientious objector to be excused from the draft, pretty soon we won't be able to get anyone to serve in the Army. Your crystal ball was manufactured at a different factory from mine. TWA v. Hardison was decided 34 years ago, and we have not yet achieved Balkanization.

Re: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Hamilton02
If it's 5 to 10 minutes, and the system does not have to bear additional cost of hiring additional drivers to accommodate this one, it seems like a good accommodation. But it will only work if you have only a small number of drivers who need accommodation, and I don't think you can keep t

Re: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Arthur Spitzer
So, Marci, do you think it does harm to the women who want to go to Planned Parenthood, or harm to the public interest, if the women have to wait an extra 5 or 10 minutes for driver #2 to pick them up? I'm not asking about 2 or 3 hours. Art On Tue, Apr 26, 2011 at 4:05 PM, wrote: > Thanks t

Re: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Hamilton02
Thanks to Paul for his thoughtful response to my longer post from this morning. I'm not sure we are on different pages given his example below. For those who have not read my work, I have frequently said that accommodation that does not harm others is appropriate and desirable. I have

RE: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Paul Horwitz
g attorneys' fees to the plaintiff, a settlement or extortion? Surely calling it one or the other is really just a way of expressing our views about the substance of the law. Paul HorwitzUniversity of Alabama From: hamilto...@aol.com Date: Tue, 26 Apr 2011 08:56:42 -0400 Su

Re: Bus Driver and Women's Interests/ Was Settlement or extortion?

2011-04-26 Thread Hamilton02
Mark-- Thank you very much for your thoughtful response. I do respect your position and understand that it is shared by others. As I suppose is no surprise to anyone on this list, I take a different view. I think the two men are identically situated, because they are both intent on im