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Full-Text Articles in Law
Portrait Of A Rabbinic Dissident: Akavya Ben Mehalalel Confronts The Judicial Establishment, Moshe Sokol
Portrait Of A Rabbinic Dissident: Akavya Ben Mehalalel Confronts The Judicial Establishment, Moshe Sokol
Touro Law Review
No abstract provided.
Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori
Touro Law Review
No abstract provided.
Our Principled Constitution, Mitchell N. Berman
Our Principled Constitution, Mitchell N. Berman
All Faculty Scholarship
Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.
Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a …
Roman Judges, Case Law, And Principles Of Procedure, Ernest Metzger
Roman Judges, Case Law, And Principles Of Procedure, Ernest Metzger
Ernest Metzger
Roman law has been admired for a long time. Its admirers, in their enthusiasm, have sometimes borrowed ideas from their own time and attributed them to the Romans, thereby filling some gap or fixing some anomaly. Roman private law is a well known victim of this. Roman civil procedure has been a victim as well, and the way Roman judges are treated in the older literature provides an example. For a long time it has been accepted, and rightly so, that the decision of a Roman judge did not make law. But the related, empirical question, whether Roman judges ever …
Rejecting The Fruits Of Action: The Regeneration Of The Waste Land’S Legal System, Phillip J. Closius
Rejecting The Fruits Of Action: The Regeneration Of The Waste Land’S Legal System, Phillip J. Closius
All Faculty Scholarship
In his greatest work, The Waste Land, T. S. Eliot presents a picture of twentieth century Western civilization as a culture which has lost its essential values and has come undone from its historical moorings. Material wealth has become the focal point of society and its inhabitants. In such a value distorted context, human relationships are devoid of meaning. Honest communication and a meaningful life for the soul and intellect are lost in a dehumanizing daily grind. Religious, communal, and even familial values are subverted to a culturally encouraged drive for personal gain. In this respect, modern Western civilization in …