Hot Topic at AALS
laycockd at umich.edu
Fri Dec 12 11:19:43 PST 2008
Lloyd Mayer at Notre Dame.
Quoting "Brownstein, Alan" <aebrownstein at ucdavis.edu>:
> Looks like a great panel on an important topic, Doug. My compliments
> to whoever put it together.
> Alan Brownstein
> From: religionlaw-bounces at lists.ucla.edu
> [religionlaw-bounces at lists.ucla.edu] On Behalf Of Douglas Laycock
> [laycockd at umich.edu]
> Sent: Friday, December 12, 2008 7:03 AM
> To: religionlaw at lists.ucla.edu
> Subject: Hot Topic at AALS
> A late addition to the program:
> Pulpit Freedom?: On Taxes, Elections, and Religious Freedom
> Location, Date, and Time
> Hot Topics Panel, AALS 2009 Annual Meeting, San Diego, CA
> Thursday, January 8th, 8:30-10:15 a.m.
> The relationship between church and state has always been fraught with
> tension, as some advocate a strict separationist approach and others support
> interaction on various levels. In May 2008, a conservative religious
> freedom group, the Alliance Defense Fund, launched an organized campaign to
> challenge one particular flashpoint for disagreement: the extent to which
> pastors, rabbis, imams, and other religious leaders speaking to their
> congregations should be able to express views about politics and
> particularly about candidates for public office. Thanks to a federal tax
> provision, churches and other houses of worship have in theory had to either
> restrain their leaders from expressing such views from the pulpit or face
> the loss of the significant tax benefits they enjoy. The recruitment by the
> ADF of pastors at more than 30 churches to challenge this restriction on
> First Amendment grounds, and the demands from supporters of a strong
> separation between church and state for the IRS to enforce the restriction
> against these churches have brought this flashpoint to the fore. The panel
> will discuss the legal and public policy rationales that support and oppose
> the restriction and also this looming confrontation's broader ramifications
> for religious freedom, elections, and federal tax law.
> Panel Members
> Marci A. Hamilton (Cardozo): Professor Hamilton is the Paul R. Verkuil
> Chair in Public Law at the Benjamin N. Cardozo School of Law and an expert
> on church/state relations. Her most recent books are Justice Denied: What
> America Must Do to Protect Its Children (2008) and God vs. the Gavel:
> Religion and the Rule of Law (2005), and she has published numerous articles
> on law and religion issues including The Religious Origins of
> Disestablishment Principles, 81 Notre Dame L. Rev. 1755 (2006) (with Rachel
> Steamer), What Does "Religion" Mean in the Public Square?, 89 Minn. L. Rev.
> 1153 (2005), and Religious Institutions, the No-Harm Doctrine, and the
> Public Good, 2004 BYU L. Rev. 1099.
> Vaughn E. James (Texas Tech): Professor James is both an expert on
> religious freedom and an ordained minister, with a Master of Divinity degree
> from Andrews University. His recent articles include The African-American
> Church, Political Activity, and Tax Exemption, 37 Seton Hall L. Rev. 371
> (2007), and Reaping Where They Have Not Sowed: Have American Churches Failed
> to Satisfy the Requirements for the Religious Tax Exemptions?, 43 Cath. Law
> 29 (2004).
> Douglas Laycock (Michigan): Professor Laycock is the Yale Kamisar
> Collegiate Professor of Law at the University of Michigan Law School and an
> expert on religious liberty. He is a co-editor of Same-Sex Marriage and
> Religious Liberty: Emerging Conflicts (2008). His recent articles on
> religious freedom issues include Why the Supreme Court Changed its Mind
> about Government Aid to Religious Institutions: It's a Lot more than Just
> Republican Appointments, 2008 BYU L. Rev. 275, Regulatory Exemptions of
> Religious Behavior and the Original Understanding of the Establishment
> Clause, 81 Notre Dame L. Rev. 1793 (2006), and Theology Scholarships, the
> Pledge of Allegiance, and Religious Liberty: Avoiding the Extremes but
> Missing the Liberty, 118 Harv. L. Rev. 155 (2004).
> Lloyd Hitoshi Mayer (Notre Dame) (moderator): Professor Mayer represented
> nonprofit organizations with respect to advocacy and election-related
> activities for nine years before joining the faculty of Notre Dame in 2005.
> His research has continued to focus on the regulation of such activities,
> including the following articles: What is This "Lobbying" That We Are So
> Worried About?, 26 Yale L. & Pol'y Rev. 485 (2008); The Much Maligned 527
> and Institutional Choice, 87 B.U. L. Rev. 625 (2007)); and Grasping Smoke:
> Enforcing the Prohibition on Campaign Intervention by Charities, 6 First
> Amend. L. Rev. 1 (2007). His most recent work in progress focuses on the
> issue of pastors speaking about politics from the pulpit (The Pulpit,
> Politics, RFRA, and Institutional Free Exercise).
> Bernadette A. Meyler (Cornell University): Professor Meyler is an expert on
> law and religion as well as on British and American legal history and the
> intersections between constitutional and common law. Her recent articles
> include Commerce in Religion, 84 Notre Dame L. Rev. ___ (forthcoming 2008),
> The Limits of Group Rights: Religious Institutions and Religious Minorities
> in International Law, 22 St. John's J. Leg. Commentary 535 (2007), and The
> Equal Protection of Free Exercise: Two Approaches and Their History, 47 B.C..
> L. Rev. 275 (2006).
> Donald B. Tobin (Ohio State University): Professor Tobin is the Associate
> Dean for Academic Affairs at the Michael E. Moritz College of Law at the
> Ohio State University and an expert on both the political activities of
> nonprofit organizations and federal income taxation. His recent articles
> include Political Campaigning by Churches and Charities: Hazardous for
> 501(c)(3)s; Dangerous for Democracy, 95 Geo. L.J. 1313 (2007), Political
> Advocacy and Taxable Entities, Are They the Next "Loophole"?, 6 First Amend..
> L. Rev. 41 (2007), and Anonymous Speech and Section 527 of the Internal
> Revenue Code: Can Congress Use the Tax Code as a Mechanism for Campaign
> Finance Reform?, 37 Ga. L. Rev. 611 (2003).
> Robert W. Tuttle (George Washington University): Professor Tuttle is the
> Sherry Kirschner Berz Research Professor of Law and Religion at the George
> Washington University Law School and an expert on church-state law. He
> serves as legal counsel to the bishop of the Washington, DC, Synod of the
> Evangelical Lutheran Church in America, and, with Professor Ira Lupu, as
> co-director of the Legal Tracking Project of the Roundtable on Religion and
> Social Welfare Policy. His recent articles include The Cross and the
> College: Accommodation and Acknowledgment of Religion at Public
> Universities, 17 William & Mary Bill of Rights J. 938 (2008) (with Ira C.
> Lupu), Federalism and Faith, 56 Emory L. J. 19 (2006) (with Ira C. Lupu),
> and The Faith-Based Initiative and the Constitution, 55 DePaul L. Rev. 1
> (2005) (with Ira C. Lupu).
> Douglas Laycock
> Yale Kamisar Collegiate Professor of Law
> University of Michigan Law School
> 625 S. State St.
> Ann Arbor, MI 48109-1215
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI 48109-1215
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