BEGIN:VCALENDAR
METHOD:CANCEL
PRODID:AndroidEmail
VERSION:2.0
BEGIN:VEVENT
UID:c9fafb38-77b1-4e73-ac29-684411eed353
DTSTAMP:20131208T003217Z
DTSTART:20131208T003000Z
DTEND:20131208T013000Z
SUMMARY:RE: The clergy-penitent privilege and burdens on third parties
DESCRIPTION:When: 7:30pm â 8:30pm
gion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
I think the history of the privilege is that it was first protected for
Catholics, because of its sacramental nature and the very strong teaching, and
then extended to other faiths by analogy
BEGIN:VCALENDAR
METHOD:REQUEST
PRODID:AndroidEmail
VERSION:2.0
BEGIN:VEVENT
UID:c9fafb38-77b1-4e73-ac29-684411eed353
DTSTAMP:20131208T001712Z
DTSTART:20131208T003000Z
DTEND:20131208T013000Z
SUMMARY:RE: The clergy-penitent privilege and burdens on third parties
DESCRIPTION:When: 7:30pm â 8:30pm
oun...@lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Saturday, December 07, 2013 10:53 AM
To: 'Law & Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
I think the history of the privilege is that it was first protected for
In my view, there should be no privilege for criminal acts.
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N. Cardozo Law School
Yeshiva University
@Marci_Hamilton
On Dec 7, 2013, at 12:12 PM, Richard Dougherty wrote:
> I much appreciate Marci's comments. From the point of view of
I much appreciate Marci's comments. From the point of view of the free
exercise of religion, the question for the believer, in my view, is what
the effect of the revelation of confidential information is on the soul of
the penitent, not what the legal consequences might be. Obviously the
state ha
Sanford V
Sent: Friday, December 06, 2013 11:18 PM
To: Law & Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
As I've said earlier, I'm sympathetic to Richard's argument inasmuch as
confession is in fact part of a complex (r
6:09 PM
> To: Law & Religion issues for Law Academics
> Subject: Re: The clergy-penitent privilege and burdens on third parties
>
> I will confess to not having read the state cases, or at least not most of
> them. But isn't the question whether the privilege is constitu
nt: Friday, December 06, 2013 6:09 PM
To: Law & Religion issues for Law Academics
Subject: Re: The clergy-penitent privilege and burdens on third parties
I will confess to not having read the state cases, or at least not most of
them. But isn't the question whether the privilege
//twitter.com/marci_hamilton>
>
> -Original Message-
> From: Christopher Lund
> To: 'Law & Religion issues for Law Academics'
> Sent: Fri, Dec 6, 2013 10:06 am
> Subject: RE: The clergy-penitent privilege and burdens on third parties
>
> Again, I
Lund
To: 'Law & Religion issues for Law Academics'
Sent: Fri, Dec 6, 2013 10:06 am
Subject: RE: The clergy-penitent privilege and burdens on third parties
Again, I’m late—sorry about that. But honestly people, it’s shocking how many
posts are written between the hours of 9 p.m.
igion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
My sense is that I (as someone who is irreligious) would get
relatively little solace or even wise counsel from speaking to an average
Catholic priest about my troubles and mi
ould be subject to particular
reporting exceptions etc.
From: vol...@law.ucla.edu
To: religionlaw@lists.ucla.edu
Date: Thu, 5 Dec 2013 14:44:54 -0800
Subject: RE: The clergy-penitent privilege and burdens on third parties
I’m sure there are some such situations, perhaps even qu
; http://sol-reform.com
> <https://www.facebook.com/professormarciahamilton?fref=ts>
> <https://twitter.com/marci_hamilton>
>
>
>
> -----Original Message-----
> From: Steven Jamar
> To: Law Religion & Law List
> Sent: Thu, Dec 5, 2013 10:09 pm
> Subject: Re: The clergy
.edu)
Subject: The clergy-penitent privilege and burdens on third parties
I don’t know how it is in other states, but Cal. Evid Code
1030-1034 absolutely covers any “communication made in confidence, in the
presence of no third person so far as the penitent is aware, to a member of
-0215
http://sol-reform.com
-Original Message-
From: Steven Jamar
To: Law Religion & Law List
Sent: Thu, Dec 5, 2013 10:09 pm
Subject: Re: The clergy-penitent privilege and burdens on third parties
Sandy and Marci,
I agree my conversations were not and should not have
& Religion issues for Law Academics (religionlaw@lists.ucla.edu)
Sent: Thu, Dec 5, 2013 10:17 pm
Subject: The clergy-penitent privilege and burdens on third parties
I don’t know how it is in other states, but Cal. Evid Code
1030-1034 absolutely covers any “communication mad
milto...@aol.com
Sent: Thursday, December 05, 2013 6:59 PM
To: religionlaw@lists.ucla.edu
Subject: Re: The clergy-penitent privilege and burdens on third parties
Steve-- That may be true in your experience, but it doesn't make those
discussions "confessional" for purposes of
s.edu
> http://personal.stthomas.edu/GCSISK/sisk.html
> Publications: http://ssrn.com/author=44545
>
> From: religionlaw-boun...@lists.ucla.edu
> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf OfVolokh, Eugene
> Sent: Thursday, December 05, 2013 4:17 PM
> To: Law & Religion issues for
-Original Message-
From: Steven Jamar
To: Law Religion & Law List
Sent: Thu, Dec 5, 2013 9:39 pm
Subject: Re: The clergy-penitent privilege and burdens on third parties
I disagree with Eugene on this — as a non-religious athiest, I have met many
ministers and priests with whom I
er 05, 2013 9:38 PM
To: Law Religion & Law List
Subject: Re: The clergy-penitent privilege and burdens on third parties
I disagree with Eugene on this - as a non-religious athiest, I have met many
ministers and priests with whom I have had excellent conversations, some even
"confessional&quo
ligionlaw-boun...@lists.ucla.edu
> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Paul Horwitz
> Sent: Thursday, December 05, 2013 9:33 AM
> To: Law & Religion issues for Law Academics
> Subject: Re: The clergy-penitent privilege and burdens on third parties
>
> Is th
.
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Sisk, Gregory C.
Sent: Thursday, December 05, 2013 2:31 PM
To: 'Law & Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on
e
Sent: Thursday, December 05, 2013 4:17 PM
To: Law & Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
My sense is that I (as someone who is irreligious) would get
relatively little solace or even wise counsel from speaking to
for Law Academics
Subject: Re: The clergy-penitent privilege and burdens on third parties
Is that accurate? It may vary, but I thought the privilege could be claimed for
any confidential communication made to a clergy member in his/her professional
capacity as a spiritual advisor. The person see
est), and “equality” arguments
>> go by the boards.
>>
>> sandy
>>
>> From: religionlaw-boun...@lists.ucla.edu
>> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein
>> Sent: Wednesday, December 04, 2013 11:35 PM
>> To:
: religionlaw-boun...@lists.ucla.edu
> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein
> Sent: Wednesday, December 04, 2013 11:35 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: The clergy-penitent privilege and burdens on third parties
>
>
ty" arguments go by the boards.
sandy
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein
Sent: Wednesday, December 04, 2013 11:35 PM
To: Law & Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens
To: 'Law & Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
Many reasons can be offered for the venerable privilege that originated as the
priest-penitent privilege, including as Doug notes that the penitent having the
c
7;Law & Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
I think Marc’s point is solid and underappreciated. Following up on it, does
anyone know of any literature that tries to think about “burdens on third
parties” across constit
Many reasons can be offered for the venerable privilege that originated as the
priest-penitent privilege, including as Doug notes that the penitent having the
confidence that confession is sacrosanct will be willing to share that which he
or she withholds from all others and thereby be in a posi
, December 04, 2013 8:05 PM
To: religionlaw@lists.ucla.edu
Subject: Re: The clergy-penitent privilege and burdens on third parties
When a newspaper publishes falsehoods about a person but without malice, the
constitution demands of the person whose reputation may have been
irrevocably damaged to
-Original Message-
From: Alan Brownstein
To: Law & Religion issues for Law Academics
Sent: Wed, Dec 4, 2013 5:07 pm
Subject: RE: The clergy-penitent privilege and burdens on third parties
I wonder if one factor that distinguishes the clergy-penitent privilege from
some other accom
, NY 10003
(212) 790-0215
http://sol-reform.com
-Original Message-
From: Alan Brownstein
To: Law & Religion issues for Law Academics
Sent: Wed, Dec 4, 2013 5:07 pm
Subject: RE: The clergy-penitent privilege and burdens on third parties
I wonder if one factor that distinguis
t might be relevant to
the analysis of these cases.
Alan
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Tuesday, December 03, 2013 8:11 PM
To: Law & Religion issues for Law Academics
Subject: RE: The clergy-penitent
awful lot like Establishment to me, and I find Eugene's
reference to the Texas Monthly case very persuasive.
sandy
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu
Sent: Tuesday, December 03, 2013 10:39 PM
To: Law & Religion issues
involve special treatment for religion."
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu
Sent: Tuesday, December 03, 2013 7:39 PM
To: Law & Religion issues for Law Academics
Subject: Re: The clergy-penitent privilege and bu
December 03, 2013 7:40 PM
To: Douglas Laycock; Law & Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
I strongly suspect that Doug is right. Still, I do wonder how often cases do
arise beyond the Catholic Church (which probably f
ts.ucla.edu [mailto:
> religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
> >Sent: Tuesday, December 03, 2013 7:39 PM
> >To: Law & Religion issues for Law Academics (religionlaw@lists.ucla.edu)
> >Subject: The clergy-penitent privilege and burdens on third part
:06 PM
To: Law & Religion issues for Law Academics; Levinson, Sanford V
Subject: Re: The clergy-penitent privilege and burdens on third parties
Eugene's hypothetical presumably describes some of the cases, from the least
sophisticated or most desperate penitents. But it probably doesn&#
onlaw-boun...@lists.ucla.edu
>[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
>Sent: Tuesday, December 03, 2013 7:39 PM
>To: Law & Religion issues for Law Academics (religionlaw@lists.ucla.edu)
>Subject: The clergy-penitent privilege and burdens on third par
ehalf Of Volokh, Eugene
Sent: Tuesday, December 03, 2013 7:39 PM
To: Law & Religion issues for Law Academics (religionlaw@lists.ucla.edu)
Subject: The clergy-penitent privilege and burdens on third parties
One more question about the "unconstitutional burdens on third
part
One more question about the "unconstitutional burdens on third
parties" theory: The clergy-penitent privilege allows the clergy (and
penitents) to refuse to testify about penitential communications, even when the
result is that a litigant is deprived of potentially highly probat
43 matches
Mail list logo
