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Articles 1 - 30 of 77
Full-Text Articles in Law
Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, Michael A. Helfand
Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, Michael A. Helfand
Michael A Helfand
Helfand_From Doctrine To Devotion.Pdf, Michael A. Helfand
Helfand_From Doctrine To Devotion.Pdf, Michael A. Helfand
Michael A Helfand
No abstract provided.
Reasoning Through Clashes Between Religion And Equality: Case Law, Skeptics, And Social Coherence, Michael A. Helfand
Reasoning Through Clashes Between Religion And Equality: Case Law, Skeptics, And Social Coherence, Michael A. Helfand
Michael A Helfand
When Judges Are Theologians: Adjudicating Religious Questions, Michael A. Helfand
When Judges Are Theologians: Adjudicating Religious Questions, Michael A. Helfand
Michael A Helfand
The Future Of Religious Arbitration In The United States: Looking Through A Pluralist Lens, Michael A. Helfand
The Future Of Religious Arbitration In The United States: Looking Through A Pluralist Lens, Michael A. Helfand
Michael A Helfand
Implied Consent To Religious Institutions: A Primer And A Defense, Michael A. Helfand
Implied Consent To Religious Institutions: A Primer And A Defense, Michael A. Helfand
Michael A Helfand
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Michael A Helfand
This Essay presented at the Sharia and Halakha in America Conference explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules and treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards …
Editor, Negotiating State And Non-State Law: The Challenges Of Global And Local Legal Pluralism (Cambridge University Press), Michael Helfand
Editor, Negotiating State And Non-State Law: The Challenges Of Global And Local Legal Pluralism (Cambridge University Press), Michael Helfand
Michael A Helfand
No abstract provided.
Arbitration's Counter-Narrative: The Religious Arbitration Paradigm, Michael Helfand
Arbitration's Counter-Narrative: The Religious Arbitration Paradigm, Michael Helfand
Michael A Helfand
Arbitration theory and doctrine is dominated by an overarching narrative that conceptualizes arbitration as an alternative to litigation. Litigation, one the one hand, is more procedurally rigorous, but takes longer and costs more; arbitration, on the other hand, is faster and cheaper, but provides fewer procedural safeguards. But notwithstanding these differences, both arbitration and litigation ultimately serve the same purpose: resolving disputes. Indeed, this narrative has been pervasive, becoming entrenched not only in recent Supreme Court decisions, but also garnering support from both arbitration critics and supporters alike.
This Article, however, contends that this exclusive focus on arbitration’s standard narrative …
Religious Institutionalism, Implied Consent And The Value Of Voluntarism, Michael A. Helfand
Religious Institutionalism, Implied Consent And The Value Of Voluntarism, Michael A. Helfand
Michael A Helfand
Increasingly, clashes between the demands of law and aspirations of religion center on the legal status and treatment of religious institutions. Much of the rising tensions revolving around religious institutions—exemplified by recent Supreme Court decisions such as Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby—stem from conflicts between the religious objectives of those institutions and their impact on third parties who do not necessarily share those same objectives. This Article aims to provide a framework for analyzing the claims of religious institutions by grounding those claims in the principle of voluntarism. On such an account, religious institutions deserve protection because …
The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman
The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman
Michael A Helfand
This Article addresses the rise of “co-religionist commerce” in the United States—that is, the explosion of commercial dealings that take place between co-religionists who intend their transactions to achieve both commercial and religious objectives. To remain viable, co-religionist commerce requires all the legal support necessary to sustain all other commercial relationships. Contracts must be enforced, parties must be protected against torts, and disputes must be reliably adjudicated.
Under current constitutional doctrine, co-religionist commercial agreements must be translated into secular terminology if there are to be judicially enforced. However, religious goods and services often cannot be accurately translated without religious terms …
The Persistence Of Sovereignty And The Rise Of The Legal Subject, Michael A. Helfand
The Persistence Of Sovereignty And The Rise Of The Legal Subject, Michael A. Helfand
Michael A Helfand
Several states have considered bills aimed at preventing courts from enforcing, considering, or relying on both religious and international law. This legislative pushback on international and religious law reflects a concerted effort to consolidate legal authority by asserting the state as the only source of legitimate law. As the core of this controversy stands an age-old philosophical dispute over the relationship between sovereignty and law: Does state sovereignty preclude the possibility of law both above the state – that is, international law – and below the state – that is, religious and customary law? This tension tracks a long-standing fissure …
Hobby Lobby's Challenge To Officialdom's 'Compelling Interest', Michael Helfand
Hobby Lobby's Challenge To Officialdom's 'Compelling Interest', Michael Helfand
Michael A Helfand
No abstract provided.
The Murkiness Of The Hobby Lobby Ruling, Michael Helfand
The Murkiness Of The Hobby Lobby Ruling, Michael Helfand
Michael A Helfand
No abstract provided.
America Doesn't See Its Religious Minorities, Michael Helfand
America Doesn't See Its Religious Minorities, Michael Helfand
Michael A Helfand
No abstract provided.
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Michael A Helfand
This Essay presented at the Sharia and Halakha in America Conference explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules and treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards …
Panelist, “The Current Clash”, Michael Helfand
Panelist, “The Current Clash”, Michael Helfand
Michael A Helfand
No abstract provided.
Implied Consent: A Proposal On For-Profit Conscience, Michael Helfand
Implied Consent: A Proposal On For-Profit Conscience, Michael Helfand
Michael A Helfand
No abstract provided.
Obamacare And Religious Rights In A For-Profit World, Michael Helfand
Obamacare And Religious Rights In A For-Profit World, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, "Enforcing Co-Religionist Commerce", Michael Helfand
Speaker, "Enforcing Co-Religionist Commerce", Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, "Enforcing Co-Religionist Commerce", Michael Helfand
Speaker, "Enforcing Co-Religionist Commerce", Michael Helfand
Michael A Helfand
No abstract provided.
Panelist, "Who Will Be Exempted From The Affordable Care Act? Hobby Lobby, Little Sisters And The Other Religious Exemption Cases Before The Supreme Court", Michael Helfand
Michael A Helfand
No abstract provided.
Speaker And Panelist, Interfaith Program On “Religion And Politics: Power And Empowerment”, Michael Helfand
Speaker And Panelist, Interfaith Program On “Religion And Politics: Power And Empowerment”, Michael Helfand
Michael A Helfand
No abstract provided.
Moderator, “Religious Law In U.S. Courts”, Michael Helfand
Moderator, “Religious Law In U.S. Courts”, Michael Helfand
Michael A Helfand
No abstract provided.
Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand
Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand
Michael A Helfand
This article considers how rabbinical courts play an important gap-filling role by providing parties with a forum to adjudicate a subset of religious disputes that could not be resolved in court. Under current constitutional doctrine, civil courts cannot adjudicate disputes that turn on religious doctrine and practice. By contrast, rabbinical courts can resolve such disputes--and the decisions of rabbinical courts can then be enforced by civil courts even as those same civil courts could not resolve the dispute in the first instance. In this way, rabbinical courts--like other religious arbitration tribunals--fill a void created by constitutional law, ensuring that parties …
Speaker, “Enforcing Co-Religionist Commerce”, Michael Helfand
Speaker, “Enforcing Co-Religionist Commerce”, Michael Helfand
Michael A Helfand
No abstract provided.
Panelist, “Private International Law Beyond The State: Family Law And Legal Pluralism”, Michael Helfand
Panelist, “Private International Law Beyond The State: Family Law And Legal Pluralism”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “On Religion And Money”, Michael Helfand
Speaker, “On Religion And Money”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “On Religion And Money”, Michael Helfand
Speaker, “On Religion And Money”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand
Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand
Michael A Helfand
No abstract provided.