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Full-Text Articles in Law
Restitution Regimes In Post-Communist Eastern Europe: A Legal Analysis, Sophia Von Rundstedt
Restitution Regimes In Post-Communist Eastern Europe: A Legal Analysis, Sophia Von Rundstedt
LLM Theses and Essays
When the Communist regimes in Central and Eastern Europe collapsed at the end of the last decade, the opposition, which had been united in their goal to defeat Communism, quickly disintegrated into a variety of factions. One of their tasks was to decide on enacting a constitution, in order to stabilize and entrench the new democratic institutions. Apart from establishing the legal framework for democracy, politicians had to develop strategies to convert the state-run economy into a free-market economy. Such a transition required as a first step the privatization of state property. Legal reform of property rights raises the question: …
Jewish Legal Theory And American Constitutional Theory: Some Comparisons And Contrasts, Samuel J. Levine
Jewish Legal Theory And American Constitutional Theory: Some Comparisons And Contrasts, Samuel J. Levine
Scholarly Works
In this article, Levine explores some of the ways in which Jewish law may shed light on issues in American constitutional theory. While acknowledging that there are fundamental differences between a religious legal system and a secular one, he attempts to show that certain conceptual similarities between American law and Jewish law allow for meaningful yet cautious comparison of the two systems. Part I provides a broad historical and analytical overview of interpretation in Jewish law. Part II of the Article offers a specific conceptual framework for comparing Jewish law with American law. Levine considers questions of flexibility in legal …