Sabbatarians and deadlines

Mark Tushnet tushnet at law.georgetown.edu
Fri Mar 24 22:38:55 PST 2006


This isn't the kind of thing I think about a lot, but I wonder what (if 
any) assumptions are made -- in the question anjd by the 
hypothesized state institution -- about the category 
"Sabbatarians."  I think the usual definition is "those who obserfve 
their holy day on Saturday," and if that's right, what does the state 
do about or assume about those who observe their holy day on 
Sunday?  Or is it that the category really isn't "Sabbatarians" but 
"those whose religious beliefs require that they abstain from 
certain activities, a category that encompasses the activities at 
issue here, on their holy day whenever it occurs"?

----- Original Message -----
From: "Volokh, Eugene" <VOLOKH at law.ucla.edu>
Date: Friday, March 24, 2006 7:57 pm
Subject: Sabbatarians and deadlines

> 	Thinking about some of our UCLA Law School assignments,
> especially ones that have relatively short deadlines, led me to 
ask
> this:  Do public universities in states with accommodation 
regimes
> (under RFRA or under Sherbert/Yoder-based state Free 
Exercise Clause
> rules) have an obligation to extend some deadlines for 
> Sabbatarians?  
> 
> 	The law review competition, for instance, starts Thursday
> afternoon and ends Wednesday afternoon; it's generally 
believed that
> many students really do need all six days to do a good job.  Say 
the
> competition was conducted by school (which it isn't, but say it 
was).
> Sabbatarians would have only five days on which they could do 
the
> competition, but others have six; would the school have an 
> obligation to
> give Sabbatarians an extra day?
> 
> 	What if this were a 72-hour take home exam, given Friday 
morning
> and due Monday morning?
> 
> 	Eugene
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