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

[hamilton02 at aol.com]

I think the theory should be standard  tort law as applied to any child abuse claim. Keep the beliefs out of it; jury can't rule on them. But it can as it did here make factfindings regarding whether the child was deprived of the appropriate standard of care.

Marci 
------Original Message------
From: Christopher Lund
Sender: 
To: hamilton02 at aol.com
To: religionlaw at lists.ucla.edu
Sent: Jun 28, 2008 1:51 PM
Subject: Re: Court: Exorcism is protected by law - Faith- msnbc.com

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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