Giving the church the tires or the money would moot the case. But so far, they
have only announced a policy change, and that does not moot the case—especially
where, as here, the other side has a plausible claim and could immediately sue
the state officials to prevent them from granting the mone
But Doug, the relied requested was simply the ability to compete for the
grant without the church disqualification -- and they've now received
precisely that. It's also not simply a policy change -- it is, presumably,
a conclusion that they are *legally required *not to exclude the church.
Yes, i
PM
To: Law & Religion issues for Law Academics
Subject: Re: Is Trinity Lutheran Church moot?
But Doug, the relied requested was simply the ability to compete for the grant
without the church disqualification -- and they've now received precisely that.
It's also not simply
18, 2017 4:40 PM
To: Law & Religion issues for Law Academics
Subject: Re: Is Trinity Lutheran Church moot?
But Doug, the relied requested was simply the ability to compete for the grant
without the church disqualification -- and they've now received precisely that.
It's also not s
ucla.edu] On Behalf Of Marty Lederman
Sent: Tuesday, April 18, 2017 4:40 PM
To: Law & Religion issues for Law Academics
mailto:religionlaw@lists.ucla.edu>>
Subject: Re: Is Trinity Lutheran Church moot?
But Doug, the relied requested was simply the ability to compete for the gra
religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Tuesday, April 18, 2017 4:40 PM
To: Law & Religion issues for Law Academics
mailto:religionlaw@lists.ucla.edu>>
Subject: Re: Is Trinity Lutheran Church moot?
But Doug, the relied requested was simply the ability to compete for the
J Segall
Sent: Tuesday, April 18, 2017 5:13 PM
To: Law & Religion issues for Law Academics
mailto:religionlaw@lists.ucla.edu>>
Subject: Re: Is Trinity Lutheran Church moot?
Doug, is the complaint seeking money as damages for wrongful denial? That seems
to run into the 11th. I ass
for Law Academics
Subject: Re: Is Trinity Lutheran Church moot?
Doug, is the complaint seeking money as damages for wrongful denial? That seems
to run into the 11th. I assumed plaintiffs can only ask for prospective relief
in this case.
Best,
Eric
Sent from my iPhone
On Apr 18, 2017, at
amp; Religion issues for Law Academics
Subject: RE: Is Trinity Lutheran Church moot?
I haven’t looked at the complaint, but that has to be right. Damages for delay
could not be recovered from the state, or from any state official in his
official capacity, because of sovereign immunity. And they
PM
To: Law & Religion issues for Law Academics
Subject: Re: Is Trinity Lutheran Church moot?
I may be completely wrong here, but if this is a section 1983 case enforcing
the Religion Clauses as incorporated through the 14th Amendment, does that
trump 11th Amendment immunity? What am I missing?
...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Eric J Segall
Sent: Tuesday, April 18, 2017 5:28 PM
To: Law & Religion issues for Law Academics
Subject: Re: Is Trinity Lutheran Church moot?
Well if that is true, and I think it is, the state's promise to treat the
ent: Tuesday, April 18, 2017 5:31 PM
To: Law & Religion issues for Law Academics
mailto:religionlaw@lists.ucla.edu>>
Subject: Re: Is Trinity Lutheran Church moot?
I may be completely wrong here, but if this is a section 1983 case enforcing
the Religion Clauses as incorporated throu
ersity of Virginia Law School
>
> 580 Massie Road
>
> Charlottesville, VA 22903
>
> 434-243-8546 <(434)%20243-8546>
>
>
>
> *From:* religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-bounces@
> lists.ucla.edu ] *On Behalf Of *Ashutosh
> A Bhagwat
> *S
Segall
Sent: Tuesday, April 18, 2017 5:45 PM
To: Law & Religion issues for Law Academics
Subject: Re: Is Trinity Lutheran Church moot?
There's also language in other cases involving federal jurisdiction that
Congress didn't intend 1983 to abrogate immunity. Will is only a state cour
, 2017 5:53 PM
To: Law & Religion issues for Law Academics
Subject: Re: Is Trinity Lutheran Church moot?
See, e.g., Quern v. Jordan, 440 U.S. 332, 340-41 (1979):
"Mr. Justice BRENNAN in his opinion concurring in the judgment argues that our
holding in Edelman that § 1983 does not abr
/cf_dev/AbsByAuth.cfm?per_id=193880
From: religionlaw-boun...@lists.ucla.edu
on behalf of Laycock, H Douglas (hdl5c)
Sent: Tuesday, April 18, 2017 2:59 PM
To: Law & Religion issues for Law Academics
Subject: RE: Is Trinity Lutheran Church moot?
Doh! Not sure
rests on its not being a 5=4 decision.
sandy
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ashutosh A Bhagwat
Sent: Tuesday, April 18, 2017 5:36 PM
To: Law & Religion issues for Law Academics
Subject: Re: Is Trinity Lutheran Church moot?
ilto:religionlaw@lists.ucla.edu>>
Subject: Re: Is Trinity Lutheran Church moot?
I am once again reminded why I refuse to teach the 11th Amendment :-). But of
course you are all correct, I had forgotten about that line of cases.
Ash
Ash Bhagwat
Martin Luther King, Jr. Professor of Law
UC Da
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