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Articles 1 - 6 of 6
Full-Text Articles in Arts and Humanities
A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich
A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich
Articles
Throughout the medieval period, marriage was acknowledged by temporal rulers to be a religious matter governed by the ecclesiastic law of the Church which, to be sure, incorporated many principles of Roman law. Subsequent to the Reformation, the rulers of many European countries became disposed to regard marriage as a civil act, to withdraw marriage from the control of the church and to entrust it entirely to the state. The Napoleonic Code was the first example of a legal system that treated marriage as a purely civil act. The Napoleonic Code did not deny the religious element present in marriage …
Integration Reclaimed: A Review Of Gary Peller's Critical Race Consciousness, Michelle Adams
Integration Reclaimed: A Review Of Gary Peller's Critical Race Consciousness, Michelle Adams
Articles
Integration occupies a contested and often paradoxical place in legal and public policy scholarship and the American imagination. Today, more Americans are committed to integration than ever before. Yet this attachment to integration is hardly robust. There is a widespread perception that integration has failed. A vanishingly small percentage of social and economic resources are spent on integration. At the same time, some progressives and those who would otherwise consider themselves on the "left" criticize integration as insufficiently attentive to economic equality and dismissive of black identity and culture. Scholars from across the political spectrum have sought to explain this …
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Articles
Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …
Family Values In The Jewish Tradition, J. David Bleich
Family Values In The Jewish Tradition, J. David Bleich
Articles
In Family Values in the Jewish Tradition, Professor J. David Bleich presents Judaism as a religion of law. He describes the family unit, "both as a social unit and as a legal institution," and how it helps to provide comfort, companionship, and stability. He discusses the role of reproduction within the family unit, artificial insemination, and the homosexual act (not the homosexual as a person). Professor Bleich concludes with a discussion of the phrase, "be fruitful and multiply." He notes that this phrase is understood as both a commandment and a blessing.
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Articles
At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Articles
No abstract provided.