RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-14 Thread Rick Duncan
ershill) --- On Thu, 1/12/12, Volokh, Eugene wrote: From: Volokh, Eugene Subject: RE: Supreme Court sides with church on decision to fire employee on religious grounds To: "Law & Religion issues for Law Academics" Date: Thursday, January 12, 2012, 3:20 PM     It strikes me

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-14 Thread Volokh, Eugene
> Eugene > > > -Original Message- > > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > > boun...@lists.ucla.edu] On Behalf Of Alan Brownstein > > Sent: Thursday, January 12, 2012 3:08 PM > > To: Law & Religion issues for Law A

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-13 Thread Scarberry, Mark
ginal Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Friday, January 13, 2012 4:56 PM To: Law & Religion issues for Law Academics Subject: RE: Supreme Court sides with church on decision to fire employee on reli

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-13 Thread Alan Brownstein
ssage- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Thursday, January 12, 2012 1:24 PM To: Law & Religion issues for Law Academics Subject: RE: Supreme Court sides with church on decision to fire employee on religiou

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-13 Thread Samuel Krieger
A whole host of laws are now thrown into limbo as a result of the decision - For example NY Workers Compensation Law exempts the following from the mandatory coverage provisions- The applicant is a nonprofit (under IRS rules) with NO compensated individuals providing services except for clerg

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-13 Thread Volokh, Eugene
sts.ucla.edu] On Behalf Of Alan Brownstein > > Sent: Thursday, January 12, 2012 1:13 PM > > To: Law & Religion issues for Law Academics > > Subject: RE: Supreme Court sides with church on decision to fire > > employee on religious grounds > > > > As you know, To

Re: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-13 Thread Marci Hamilton
: Wednesday, January 11, 2012 12:34 PM > To: Law & Religion issues for Law Academics > Subject: Re: Supreme Court sides with church on decision to fire employee on > religious grounds > > The decision is much narrower than Joel's description. It does not cover all

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread James Edward Maule
Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein Sent: Thursday, January 12, 2012 1:01 AM To: Law & Religion issues for Law Academics Subject: RE: Supreme Court sides with church on decision to fire employe

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Volokh, Eugene
the ministerial exception or not. > > Alan > > -Original Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Berg, Thomas C. > Sent: Thursday, January 12, 2012 7:28 AM > To: Law & Religion issues for Law

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Eric Rassbach
is.edu] Sent: Thursday, January 12, 2012 6:07 PM To: Law & Religion issues for Law Academics Subject: RE: Supreme Court sides with church on decision to fire employee on religious grounds We disagree -- in part because I think it would be easy to draft a formally "religion-

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Alan Brownstein
Law Academics Subject: RE: Supreme Court sides with church on decision to fire employee on religious grounds I think that if the government decided to give a religion-neutral "charitable donation voucher" that congregants could give to their church, to the ACLU, to a private scho

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Alan Brownstein
, Thomas C. Sent: Thursday, January 12, 2012 7:28 AM To: Law & Religion issues for Law Academics Subject: RE: Supreme Court sides with church on decision to fire employee on religious grounds Alan, I'm not predicting two more justices, let alone with any certainty, or talking about all

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Volokh, Eugene
oun...@lists.ucla.edu] On Behalf Of Samuel Krieger Sent: Thursday, January 12, 2012 4:35 PM To: 'Law & Religion issues for Law Academics' Subject: RE: Supreme Court sides with church on decision to fire employee on religious grounds A whole host of laws are now thrown into limbo as

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Volokh, Eugene
Academics > Subject: RE: Supreme Court sides with church on decision to fire employee on > religious grounds > > We disagree -- in part because I think it would be easy to draft a formally > "religion-neutral" voucher that would be used primarily and overwhelmingly > by ch

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Alan Brownstein
_ From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Berg, Thomas C. [tcb...@stthomas.edu] Sent: Wednesday, January 11, 2012 7:47 PM To: Law & Religion issues for Law Academics Subject: RE: Supreme Court sides with church on decision t

Re: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Steven Green
aw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marci Hamilton > *Sent:* Wednesday, January 11, 2012 2:26 PM > *To:* Law & Religion issues for Law Academics > *Subject:* Re: Supreme Court sides with church on decis

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Alan Brownstein
ides with church on decision to fire employee on religious grounds Dear Marci, I guess not, but I think people usually think of "clergy" as ordained, or as otherwise officially designated. I think the opinion constitutionalizes an exception that covers a broader category of "minis

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Rick Garnett
] On Behalf Of Marci Hamilton Sent: Wednesday, January 11, 2012 2:26 PM To: Law & Religion issues for Law Academics Subject: Re: Supreme Court sides with church on decision to fire employee on religious grounds Rick--I meant by clergy whatever the Court is saying is a "minister"

Re: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Marci Hamilton
> > > Rick > > > > Richard W. Garnett > > Professor of Law and Associate Dean > > Notre Dame Law School > > P.O. Box 780 > > Notre Dame, Indiana 46556-0780 > > > > 574-631-6981 (w) > > 574-276-2252 (cell) > >

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Rick Garnett
s.net/> From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton Sent: Wednesday, January 11, 2012 12:34 PM To: Law & Religion issues for Law Academics Subject: Re: Supreme Court sides with church on decision to fire employee on religious

Re: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Marci Hamilton
The decision is much narrower than Joel's description. It does not cover all employees of religious organizations--only clergy. And it only involves claims involving discrimination against the religious organization, leaving open litigation from even clergy on contract and tort theories. Mar

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Berg, Thomas C.
onlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein Sent: Wednesday, January 11, 2012 1:47 PM To: Law & Religion issues for Law Academics Subject: RE: Supreme Court sides with church on decision to fire employee on religious grounds Rick, As to lay teachers at religious schools, the Court

Re: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Marci Hamilton
p; Religion issues for Law Academics > Subject: RE: Supreme Court sides with church on decision to fire employee on > religious grounds > > Dear Marci, > > I guess not, but I think people usually think of “clergy” as ordained, or as > otherwise officially designated. I

RE: Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-12 Thread Berg, Thomas C.
ehalf of Alan Brownstein [aebrownst...@ucdavis.edu] Sent: Thursday, January 12, 2012 12:01 AM To: Law & Religion issues for Law Academics Subject: RE: Supreme Court sides with church on decision to fire employee on religious grounds Tom, I have long since given up trying to predict how Supreme C

Supreme Court sides with church on decision to fire employee on religious grounds

2012-01-11 Thread Joel
The Supreme Court has sided unanimously with a church sued for firing an employee on religious grounds, issuing an opinion on Wednesday that religious employers can keep the government out of hiring and firing decisions. In the case of Hosanna-Tabor v. EEOC, Cheryl Perich, a "called" teacher