Law Commons^™

Intentional Discrimination And Haredi Jews, Michael Lewyn

Scholarly Works

A discussion of case law involving discrimination suits by Haredi Jews, especially in the land use context.

Law And Redemption: Expounding And Expanding Robert Cover’S Nomos And Narrative, Samuel J. Levine

Scholarly Works

This Article explores two interrelated themes that distinguish much of Robert Cover's scholarship: reliance on Jewish sources and the redemption of American constitutionalism. Two pieces of Cover's, Nomos and Narrative and Bringing the Messiah Through the Law: A Case Study, explore these themes, providing complementary views on the potential and limitations of the redemptive power of law. In Nomos and Narrative, Cover develops a metaphor of the law as a bridge, linking the actual to the potential. Bringing the Messiah Through the Law: A Case Study extends the metaphor through the lens of Jewish legal history. Building on Cover's foundation, …

The Supreme Court’S Hands-Off Approach To Religious Questions In The Era Of Covid-19 And Beyond, Samuel J. Levine

Scholarly Works

No abstract provided.

Roadmap To Reconciliation: An Institutional And Conceptual Framework For Jewish-Muslim Engagement, J. R. Rothstein, Esq., Shlomo Pill, Ariel J. Liberman, Esq.

Touro Law Review

This paper calls for the establishment of a comprehensive academic and theological center to be created and located at a prestigious secular university in the United States. As the first of its kind in North America, it should be affiliated with both American Muslim and Jewish institutions. Modeled on similar Jewish-Christian centers, its mission will be to foster both a neutral ground for dialogue and the development of a theology of Jewish-Muslim coexistence.

Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine

Scholarly Works

Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

Scholarly Works

Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …

The Talmudic Prisoner's Dilemma, Uri Weiss

Touro Law Review

We argue that there is a stream in the Talmud that attributes the responsibility to one player alone in the case of a joint crime/joint tort and even in dividing the credits for a joint Mitzvah. We used the game theory to investigate which incentives are provided by this approach, which games are created, which games are blocked, and to which results this approach leads. In this paper, we present some Talmudic games.

Although in Jewish law, a sinner cannot be a witness, one Talmudic rabbi proposes a rule that, in the case of a joint crime, one of …

Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine

Scholarly Works

For decades, scholars have documented the United States Supreme Court’s “hands-off approach” to questions of religious practice and belief, pursuant to which the Court has repeatedly declared that judges are precluded from making decisions that require evaluating and determining the substance of religious doctrine. At the same time, many scholars have criticized this approach, for a variety of reasons. The early months of the COVID-19 outbreak brought these issues to the forefront, both directly, in disputes over limitations on religious gatherings due to the virus, and indirectly, as the Supreme Court decided important cases turning on religious doctrine. Taken together, …

The Law Of The Eruv, Michael Lewyn

Scholarly Works

Describes case law governing municipal regulation of the eruv (an artificial enclosure designed to allow observant Jews to carry on the Jewish Sabbath). The article focuses on First Amendment case law, and concludes that a municipality may prohibit eruvin only pursuant to a regulation that is enforced against comparable secular signs.

Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine

Touro Law Review

No abstract provided.

From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer

Touro Law Review

No abstract provided.

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva

Touro Law Review

No abstract provided.

Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine

Scholarly Works

In recent years, Jewish law has gained significant prominence in American legal scholarship, producing a substantial body of literature exploring the Jewish legal system, both on its own terms and in comparative perspective. In particular, the past few decades have seen a marked increase in the number of articles published in American law reviews addressing substantive, procedural, and conceptual aspects of Jewish law, often in the context of broader considerations of important, unsettled, and controversial issues in American legal thought.

In the past, a number of scholars have compiled bibliographies collecting and, at times, briefly annotating, lists of selected works …

Immigration Policy Of Israel: The Unique Perspective Of A Jewish State, Yehiel S. Kaplan

Touro Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

Touro Law Review

No abstract provided.

First Amendment Cases In The October 2004 Term, Joel M. Gora

Touro Law Review

No abstract provided.

"When Has The Grim Reaper Finished Reaping?" How Embracing One Religion's View Of Death Can Influence Acceptance Of The Uniform Determination Of Death Act, Kenneth Shuster

Touro Law Review

No abstract provided.

Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder

Touro Law Review

No abstract provided.

Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon

Touro Law Review

No abstract provided.

Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty

Touro Law Review

No abstract provided.

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Touro Law Review

No abstract provided.

The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller

Touro Law Review

This article examines the political theory of revelation in the narratives of the Hebrew Bible, particularly the theophany at Sinai. Revelation occurs when God communicates information to human beings. The biblical narratives use the modality of a revelation to signal the importance of the message being conveyed. They also identify techniques for limiting revelation’s destabilizing potential: embedding, which restricts God’s ability to change his mind; authentication, which tests the validity of revelations; and access rules which privilege political elites as recipients of God’s word.

Catholic Ideas About War: Why Does Carl Schmitt Reject Natural Law Justifications Of War?, G.J. Mcaleer

Touro Law Review

No abstract provided.

A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee

Touro Law Review

No abstract provided.

"Extraordinarily Called Upon By The Blessings Which We Have Received", Ronald R. Garet

Touro Law Review

No abstract provided.

Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, Marie A. Failinger

Touro Law Review

No abstract provided.

Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine

Touro Law Review

In this article, the author introduces the articles published in the Symposium Issue of the Touro Law Review, which is a compilation of selected excerpts from the fourth annual Conference on Religious Legal Theory (“RLT”) held April 10-12, 2013. By introducing each article, the author shows a sampling of the variety of topics and disciplines explored and the range of perspectives represented at the Conference, which revolved around the theme RLT IV: Expanding the Conversation. The author provides the background of the panelists to give context to each article, and then briefly discusses the relevance and main ideas.

Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine

Scholarly Works

In this article, the author introduces the articles published in the Symposium Issue of the Touro Law Review, which is a compilation of selected excerpts from the fourth annual Conference on Religious Legal Theory (“RLT”) held April 10-12, 2013. By introducing each article, the author shows a sampling of the variety of topics and disciplines explored and the range of perspectives represented at the Conference, which revolved around the theme RLT IV: Expanding the Conversation. The author provides the background of the panelists to give context to each article, and then briefly discusses the relevance and main ideas.