un...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Gaubatz, Derek
Sent: Monday, August 19, 2013 4:55 PM
To: Law & Religion issues for Law Academics
Subject: RE: Harmony and the freedom of religion (RE: New Twist On Challenge to
ACA Contraceptive Mandate)
"To a
>
> ew...@richmond.edu
>
> ** **
>
> *From:* religionlaw-boun...@lists.ucla.edu [mailto:
> religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Richard Dougherty
> *Sent:* Monday, August 19, 2013 2:05 PM
>
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re
Jesus Christ.
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of West, Ellis
Sent: Monday, August 19, 2013 4:10 PM
To: Law & Religion issues for Law Academics
Subject: RE: Harmony and the freedom of religion (RE: New Twist On Challenge to
ACA Contraceptive
, August 19, 2013 2:05 PM
To: Law & Religion issues for Law Academics
Subject: Re: Harmony and the freedom of religion (RE: New Twist On Challenge to
ACA Contraceptive Mandate)
I agree with much of what is said here, but don't think it fully captures
Madison's argument in the M&
lity, and thus Oregon v. Smith (1990) decided to "call a spade a
spade" and restored the original and historical understanding of religious
freedom.
Ellis West
____________
From: religionlaw-boun...@lists.ucla.edu
[religionlaw-boun...@lists.ucla.edu] on behalf of
egon v. Smith (1990) decided to "call a spade a
spade" and restored the original and historical understanding of religious
freedom.
Ellis West
From: religionlaw-boun...@lists.ucla.edu
[religionlaw-boun...@lists.ucla.edu] on behalf of Richard Dougherty
[dou.
I agree with much of what is said here, but don't think it fully captures
Madison's argument in the M&R. Here is what he says:
The Religion then of every man must be left to the conviction and
conscience of every man; and it is the right of every man to exercise it as
these may dictate. This righ
mics
Cc: Law & Religion issues for Law Academics
Subject: Re: Harmony and the freedom of religion (RE: New Twist On Challenge to
ACA Contraceptive Mandate)
As I have said repeatedly, I strongly disagree with the notion that Smith
created a new regime. It was an accurate statement of the exist
03
434-243-8546
-Original Message-
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of West, Ellis
Sent: Sunday, August 18, 2013 11:04 PM
To: Law & Religion issues for Law Academics
Subject: RE: Harmony and the freedom of religion (RE: New Twist
From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu]
on behalf of Richard Dougherty [dou...@udallas.edu]
Sent: Sunday, August 18, 2013 6:20 PM
To: Law & Religion issues for Law Academics
Subject: Re: Harmony and the freedom of religion (RE: New Twist On Challenge
to ACA Contr
Actually I did reread the entirety, none of which contradicts the
first paragraph. Certainly Madison was concerned about such abuse,
though he of course was an unusual bird among the Founders (as was
Jefferson).
More importantly, the issue doesn't have anything to do with abusive
clergy. The quest
ists.ucla.edu] On Behalf Of Marci Hamilton
> Sent: Sunday, August 18, 2013 3:03 PM
> To: Law & Religion issues for Law Academics
> Cc: Law & Religion issues for Law Academics
> Subject: Re: Harmony and the freedom of religion (RE: New Twist On Challenge
> to ACA Contraceptive
Reread the entirety of the memorial.
Madison was very concerned about the abusive power of the clergy.
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N. Cardozo Law School
Yeshiva University
@Marci_Hamilton
On Aug 18, 2013, at 6:20 PM, Richard Dougherty wrote:
> I would think that th
e: Harmony and the freedom of religion (RE: New Twist On Challenge to
ACA Contraceptive Mandate)
Thanks, Ellis, for your valuable post. Let's also add that the framing
generation understood and articulated a distinction between liberty and
licentiousness, as I have written before. And set
@lists.ucla.edu
[mailto:religionlaw-bounces+volokh=law.ucla@lists.ucla.edu] On Behalf Of
Marci Hamilton
Sent: Sunday, August 18, 2013 3:05 PM
To: Law & Religion issues for Law Academics
Cc: Law & Religion issues for Law Academics
Subject: Re: Harmony and the freedom of religion (RE: New Twist On C
I would think that this would be a matter of significance only for
those who afford some degree of significance to a jurisprudence of
original intent.
But if one does take such matters seriously, I would suggest that it
is hard, indeed impossible, to read James Madison's Memorial and
Remonstrance
gionlaw-boun...@lists.ucla.edu [mailto:religionlaw-
> > boun...@lists.ucla.edu] On Behalf Of West, Ellis
> > Sent: Friday, August 16, 2013 12:55 PM
> > To: Law & Religion issues for Law Academics
> > Subject: RE: Harmony and the freedom of religion (RE: New Twist On
>
Thanks, Ellis, for your valuable post. Let's also add that the framing
generation understood and articulated a distinction between liberty and
licentiousness, as I have written before. And set a boundary on religious
liberty of safety and the public good. Indeed, pastors preached abiding by
On Behalf Of West, Ellis
Sent: Friday, August 16, 2013 12:55 PM
To: Law & Religion issues for Law Academics
Subject: RE: Harmony and the freedom of religion (RE: New Twist On
Challenge to ACA Contraceptive Mandate)
I fear that many of you will think I am pompous, if not arroga
riginal Message-
> From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-
> boun...@lists.ucla.edu] On Behalf Of West, Ellis
> Sent: Friday, August 16, 2013 12:55 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: Harmony and the freedom of religion (RE: New Twi
I fear that many of you will think I am pompous, if not arrogant, in saying
what follows, but I feel compelled to respond to Brad Pardee's post. For years
now, I have been reading all the posts on this blog, most of which have dealt
with the issue of when, on the basis of religious liberty, per
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