Court: Exorcism is protected by law - Faith- msnbc.com

[Paul Finkelman]

it is hard to imagine how tying a minor child down can be anything but a tort.  Professor Lund seems to imply there is a religious exception to normal tort law for tying up and abusing children.  what might that be?

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386 
pfink at albanylaw.edu
>>> "Christopher Lund" <lund at mc.edu> 06/28/08 13:51 PM >>>
I read the opinions -- there are several different views in the
dissents.  How do you think these cases should be decided?  Can she
recover for just the physical injuries?  Physical and emotional ones?  
Do we just apply the regular tort concepts of false imprisonment and
battery and IIED?   Isn't there a danger that, in doing so, the jury
will pass on religious issues?

Opinions available here everybody:
Opinion of the Court:
http://www.supreme.courts.state.tx.us/historical/2008/jun/050916.pdf
Primary Dissent:
http://www.supreme.courts.state.tx.us/historical/2008/jun/050916d1.pdf
Dissent 2: 
http://www.supreme.courts.state.tx.us/historical/2008/jun/050916d2.pdf
Dissent 3: 
http://www.supreme.courts.state.tx.us/historical/2008/jun/050916d3.pdf

Christopher C. Lund
Assistant Professor of Law
Mississippi College School of Law
151 E. Griffith St.
Jackson, MS  39201
(601) 925-7141 (office)
(601) 925-7113 (fax)
>>> <hamilton02 at aol.com> 06/28/08 8:26 AM >>>
This decision is plainly wrongly decided.  I sincerely hope a cert petn
is being filed.  
When coupled with the cavalier return of the child victims of the FLDS,
the Texas Sup Ct has established Texas as a refuge for those who abuse
children in the name of religion.

Marci 

Marci A Hamilton
Paul R Verkuil Chair in Public Law
Benjamin N Cardozo School of Law
Yeshiva University
------Original Message------
From: Joel Sogol
Sender: religionlaw-bounces at lists.ucla.edu
To: Religionlaw
ReplyTo: Law & Religion issues for Law Academics
Sent: Jun 28, 2008 8:46 AM
Subject: Court: Exorcism is protected by law - Faith- msnbc.com

http://www.msnbc.msn.com/id/25423465/


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