Jehovah's Witness Moot Court Problem

[Greg Baylor]

There is a Fifth Circuit case called Munn v. Algee that is directly on
point.  It is from 1990 or 1991.  I believe there was a cert petition in
the case.  Also, someone did a law review article called something like
"Alvin Rubin's Last Dissent" about the case.
 
Gregory S. Baylor
Director, Center for Law & Religious Freedom
Managing Director, Religious Liberty Advocates
Christian Legal Society
4208 Evergreen Lane, Suite 222
Annandale, VA  22003
(703) 642-1070
(703) 642-1075 (fax)
GBaylor at clsnet.org
http://www.clsnet.org
 

-----Original Message-----
From: Law & Religion issues for Law Academics
[mailto:RELIGIONLAW at listserv.ucla.edu]On Behalf Of Prof. Rick Duncan
Sent: Tuesday, December 31, 2002 1:30 PM
To: RELIGIONLAW at listserv.ucla.edu
Subject: Jehovah's Witness Moot Court Problem



A colleague of mine is trying to put together a moot court problem
involving a tort plaintiff who has refrained from mitigating his
injuries for religious reasons. (Maybe something like a JW who refuses a
blood transfusion for religious reasons and thereby suffers greater harm
from the accident--does his religious beliefs justify his failure to
avoid increasing his medical damages?) Obviously, there are interesting
FE and EC problems in cases like this, and I think we have even
discussed this problem on the list at some point in time. 


My question is this: Does anyone know a good law review article (and/or
case) that does a good job of analyzing the 1A issues in a case such as
above? 


I am back on the list after a brief absence, and so best holiday wishes
to all (and to all a good semester break). 


Cheers, Rick Duncan



Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902

"Sell all, and purchase liberty." --Patrick Henry 




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