Richard Clem Continuing Legal Education
High quality, reasonably priced CLE opportunities
I'm offering these free conference call CLE programs on Thursday, December 26, at 3:00 PM Central Standard Time (Chicago time), and Friday, December 27, at 2:00 Central Standard Time. CLE credit has been approved in Minnesota and Iowa. Wisconsin credit has been applied for. Credit may be available in other states.
Pre-registration for this program is not necessary. To participate, simply call in. Full instructions for claiming CLE credit will be provided during the call. You will need to e-mail a series of codes that will be given during the program to receive your certificate of attendance. If you join the call already in progress, write down the codes you do hear, and you will receive partial credit for the minutes you attended.
To participate: Dial 1-712-432-3100. When prompted, enter the conference code 127735. Normal long-distance charges (to Iowa) apply for this call. Participants will be muted during the call, and there will be an opportunity to ask questions at the end.
This is a convenient way to earn CLE credits at no cost. If you need additional credits, I have additional low-cost conference call programs available. There is, however, no obligation, and you're welcome to take the free program, even if you don't intend to take any additional programs.
At the time of the program, you simply call in, enter the access code, and listen to the program. You can submit live questions during the program. Your only cost will be the normal long-distance charge to an Iowa telephone number. If you have unlimited long distance, there will be no cost whatsoever.
RLUIPA’s Land Use Provisions: Practice Points for Litigation Involving Jewish Institutions. Thursday, December 26, 3:00 PM. From the United States Supreme Court’s decision in Employment Division, Department of Human Resources of Oregon v. Smith 494 U.S. 872 (1990), until its decision in Cutter v. Wilkinson, 544 U.S. 709 (2005), Congress and the Courts waged a 15 year battle over the constitutional and proper level of protection for Free Exercise rights under the First and Fourteenth Amendments to the United States Constitution. This fight ended when the Supreme Court upheld the constitutionality of the Religious Land Use and Institutionalized Persons Act (RLUIPA) in Cutter.
This course examines the history of this conflict and the manner in which courts have interpreted the substantial burden and discrimination clauses of RLUIPA’s land use provisions. A particular focus will be on the manner in which the substantial burden provision is interpreted in light of the different beliefs of different religions and in particular how the courts have interpreted this provision in cases involving Judaism. Live lecture, 60 minutes. Course materials for this program are available at this link (PDF).
Judicial Impartiality in Jewish and American Law Friday, December 27, 2:00 PM. Both the Jewish and American judicial systems place great value on the concept of an impartial judiciary. Alexander Hamilton stated “This independence of the judges is ... requisite to guard the Constitution and the rights of individuals.” Jewish law agrees with this assessment and places judicial independence at the heart of its rules for judicial eligibility. Although both systems agree on the value of judicial independence, they disagree in some instances on which judges are considered biased. In this class, we hope to explore how each system tries to reach the goal of a fair and impartial judiciary. Course materials for this program are available at this link (PDF).
All times are Central Standard Time
The RLUIPA program will begin promptly at 3:00 Central Standard Time on Thursday, December 26, 2013. The phone line will be open approximately ten minutes prior to the times shown. Please call in at least five minutes prior to the start time so that attendance and opening remarks can be taken care of prior to the start of the program. The program is a live lecture.
2:45 PM Phone line opens
2:55 PM Introductory remarks
3:00 PM RLUIPA’s Land Use Provisions: Practice Points for Litigation Involving Jewish Institutions. Live lecture (one hour)
4:00 PM Concluding remarks
The Judicial impartiality program will begin promptly at 2:00 Central Standard Time on Friday, December 27, 2013. The phone line will be open approximately ten minutes prior to the times shown. Please call in at least five minutes prior to the start time so that attendance and opening remarks can be taken care of prior to the start of the program. The program is a live lecture.
1:45 PM Phone line opens
1:55 PM Introductory remarks
2:00 PM Judicial Impartiality in Jewish and American Law. Live lecture (one hour)
3:00 PM Concluding remarks
CLE Credit has been applied for as follows:
The program will be presented by Rabbi Avraham Z. Cutler, Esq. Rabbi Cutler is the director of the Las Vegas Jewish Experience and heads the Community Kollel of Greater Las Vegas’s continuing legal education program. In that capacity he teaches lawyers and law students a wide variety of topics relevant to both Jewish and American law.
Rabbi Cutler is also Of Counsel with the firm of Ballon Stoll Bader & Nadler, P.C., a midsize full practice law firm headquartered in New York City with affiliate offices in various cities throughout the United States and around the world. Rabbi Cutler is a member of the firm’s litigation and trusts and estates practice groups. Rabbi Cutler received both undergraduate and graduate degrees from Rabbinical Seminary of America, and his J.D. from St. John's University School of Law, where he graduated cum laude.
Rabbi Cutler is the co-author of several legal scholarly articles, including: "DTD v. Wells: Historical Curiosity or Important Protection Against Judicial Blackmail?," which appeared in the May 2010 edition of Class Action Watch; and, "The Conflict Between the Circuits in Analyzing Joint Employment Under the FLSA: Why the Supreme Court Should Grant Certiorari in Zheng v. Liberty Apparel," which appeared in the June 2011 edition of Engage.
Among Rabbi Cutler's notable cases are DTD v. Wells, 130 S.Ct. 7 (2009), the first Supreme Court opinion joined by Justice Sotomayor; and, Matter of Blaize v. Klein, 68 A.D.3d 759 (2nd Dept. 2009), which helped establish the principle that the New York Department of Education is bound by its own procedural rating rules, and that failure by the Department of Education to follow its published procedures in rating a teacher "unsatisfactory" was grounds for reversal of the unsatisfactory rating. Rabbi Cutler has consulted with religious organizations and other law firms on a wide variety of religious freedom issues including the Religious Land Use and Institutionalized Persons Act.
The programs will be moderated by attorney Richard P. Clem, who has a B.A. in history from the University of Minnesota, and a J.D., cum laude, from Hamline University School of Law. He has been in private practice in the Twin Cities for over 20 years. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
During the program, there will be an opportunity for all participants to submit questions via e-mail or at the end of the program. The program will be fully interactive and participatory. Attendance will be taken. During the program, a "PIN number" will also be given.
After the program, I will e-mail you a certificate of attendance for use in reporting.
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Copyright 2013, Richard P. Clem Continuing Legal Education
PO Box 14957
Minneapolis, MN 55414