This symposium will look at what defines religion in our society, the political and constitutional implications arising from the intersection of religion and land use, and a multidimensional legal perspective in the wake of a fury of litigation concerning RLUIPA. To register or for more information, contact Tammy Weinman, Director of Special Events and Conferences at twein@albanylaw.edu or (518)445-3210.

Symposium is free and open to the public. Charge for CLE credits will apply.

Block of hotel rooms have been held at the Hilton Garden Inn University Heights, located across the street from the Law School. Rate is $149 per night. For reservations, call (518)396-3500 or www.albanymedicalcenter.stayhgi.com

AGENDA

WEDNESDAY, OCTOBER 1ST

After sundown for Rosh Hashanah

8 PM

Welcome and Introductions - Room 200

OPENING REMARKS

8:15 - 9:00 PM

Randall T. Shepard, Chief Justice, Indiana Supreme Court:
Defining Community in a Society Focused on Rights

9 - 10PM

Reception - East Foyer

THURSDAY, OCTOBER 2ND

8:30 - 9 AM

Registration - Dean Alexander Moot Courtroom (421)

9 - 9:15 AM

Welcome and Introductions

THE EDWARD C. SOBOTA '79 MEMORIAL LECTURE

9:15- 10:15 AM

Hon. Michael McConnell, University of Utah, S.J. Quinney School of Law; 10th U.S. Circuit Court of Appeals:
Introduction to Religion and Land Use: Free Exercise, Establishment Clause and Equal Protection Jurisprudence
Judge McConnell will present an overview of the judicial interpretation of the constitutional religion clauses-the Free Exercise Clause and the Establishment Clause; explore the Supreme Court's historical treatment of these protections; and explain why and how and the Religious Land Use and Institutionalized Persons Act came to be.

10:15 - 10:30 AM

Break

PANEL 1:
BACKGROUND ON RELIGIOUS DISCRIMINATION IN LAND USE

10:30 - 12 PM

To provide a context for the development of the Religious Land Use and Institutionalized Persons Act, panelists will discuss how property ownership patterns have affected the availability of land for religious uses, how religious discrimination has manifested itself in land use, and how the use of Native American sacred lands has been regulated.

Patricia Salkin, Albany Law School
Moderator

Angela C. Carmella, Seton Hall University School of Law:
Why RLUIPA is Necessary: Connecting Religion to Land Use, Property Ownership, and the Common Good

Robert J. Miller, Lewis & Clark Law School:
Native American Sacred Sites

Steve Rosenbaum, United States Department of Justice:
The Role of the Department of Justice in the Protection of Religious Freedom

12 - 1:30 PM

Lunch on your own (cafeterias available at Albany Law and ACP Campus Center)

PANEL 2:
LEGISLATIVE INTENT AND STATUTORY INTERPRETATION UNDER RLUIPA

1:30 - 3 PM

RLUIPA provides that any land use provision that substantially burdens religion must be narrowly tailored to support a compelling interest. This panel will discuss if and how this provision applies to building codes, aesthetic regulations and the exercise of eminent domain. The panel will also discuss RLUIPA's "Safe Harbor" provision.

Amy Lavine, Albany Law School
Moderator

Shelley Ross Saxer, Pepperdine University School of Law:
RLUIPA as Applied to Building Codes and Aesthetic Regulations

Nelson Tebbe, Brooklyn Law School:
Condemning Religion: The Political Economy of RLUIPA

Daniel Dalton Defining "Appropriate Relief" Under Religious Land Use and Institutionalized Persons Act: The Availability of Damages and Injunctive Relief with RLUIPA

3 - 3:10 PM

Break

PANEL 3:
CONSTITUTIONAL THEORIES OF RLUIPA

3:10 - 5:00 PM

Panelists will provide an in-depth analysis of the constitutional principles in play, in conflict, and indifferent when a RLUIPA claim is advanced.

Paul Finkelman, Albany Law School
Moderator

Wendie L. Kellington, Law Offices of Wendie L. Kellington, P.C.:
RLUIPA and the Dots that Connect Religious Land Uses to the Maintenance of a Constitutional Democracy

Elizabeth A. Reilly, University of Akron School of Law:
Empathy and Pragmatism in the Choice of Constitutional Norm for Religious Land Use Disputes

Leslie Griffin, University of Houston Law Center:
RLUIPA and the Play in the Joints Between the Free Exercise and Establishment Clauses

Frederick Mark Gedicks, J. Reuben Clark Law School, Brigham Young University:
Comments

5 - 6:30 PM

Reception - East Foyer

FRIDAY, OCTOBER 3RD

8:30 - 9 AM

Registration

9 - 9:15 AM

Welcome and Introductions

THE EDWIN L. CRAWFORD MEMORIAL LECTURE ON MUNICIPAL LAW

9:15 - 10:15 AM

Marci A. Hamilton, Cardozo School of Law:
RLUIPA as an Establishment of Religion and Impermissible Accommodation

Prof. Hamilton will speak about why RLUIPA is an unconstitutional establishment of religion. She is a well-known constitutional law expert and has written and lectured about RLUIPA and religious freedom extensively.

10:15 - 10:30 AM

Break

PANEL 4:
BEGINNING TO ANSWER RLUIPA'S UNANSWERED QUESTIONS:

10:30 - 12 PM

A practitioners' roundtable will navigate questions raised by RLUIPA litigation, as well as issues that RLUIPA jurisprudence has yet to reach.

Patricia Salkin & Amy Lavine, Albany Law School
Moderators

Dwight H. Merriam, FAICP, CRE, Robinson & Cole LLP

Julie A. Tappendorf, Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C.

Daniel P. Dalton, Tomkiw Dalton, PLC

Steve Rosenbaum, United States Department of Justice:
The Role of the Department of Justice in the Protection of Religious Freedom

12 - 12:15 PM

Closing Remarks

12:30 - 1:30PM

Reception - East Foyer