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Articles 31 - 60 of 63
Full-Text Articles in Law
Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron
Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron
Scholarly Works
No abstract provided.
How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn
How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn
Scholarly Works
Some commentators have labeled Atlanta, Ga. as America's poster child for sprawl. Atlanta is highly auto-oriented, and suffers from higher levels of traffic congestion and air pollution than most other cities. This book review explains how sprawl happened in Atlanta - not through the mysterious invisible hand of the free market, but through transportation and zoning decisions made by city officials.
A Restatement Of Rabbinic Civil Law, Volumes Vii And Viii, By Emanuel Quint (Book Review), Samuel J. Levine
A Restatement Of Rabbinic Civil Law, Volumes Vii And Viii, By Emanuel Quint (Book Review), Samuel J. Levine
Scholarly Works
In Volumes VII and VIII of A Restatement of Rabbinic Civil Law, Rabbi Emanuel Quint follows admirably in the path of Maimonides and Rabbi Caro. Building on and updating the work of these and countless other legal scholars, Rabbi Quint offers a comprehensive and scholarly yet comprehensible and practical description of the law in a wide variety of subjects, including sales, gifts and gifts causa mortis, wills and estates, lost property, and bailments. The deceptive simplicity of Rabbi Quint's finished product, however, should not obscure the inherent difficulty of the ambitious task he has undertaken: an attempt to present a …
Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik
Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik
Scholarly Works
No abstract provided.
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Scholarly Works
No abstract provided.
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus
The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine
Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine
Scholarly Works
This article looks at the capital sentencer's decision: Whether a death-eligible defendant will in fact receive the death sentence. Based in part on an examination of Jewish law and philosophy, Professor Levine identifies three particular areas in which it can be said that the Supreme Court requires the capital sentencer to "play God." First, capital sentencers are asked to ascertain the degree of a defendant's culpability by looking at factors that affect free will and victim impact evidence, implicating moral luck. Capital sentencers are also required to determine a person's total moral worth by considering character evidence. Finally, the Supreme …
The Salience Of Race, Deborah W. Post
Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik
Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik
Scholarly Works
No abstract provided.
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Scholarly Works
Professor Levine examines the atonement model and its relevance to American law. He outlines and explains the necessary steps by the wrongdoer for atonement: repentance, apology, reparation and penance. The wronged party then has the obligation of reconciliation for the process to be complete. Despite the prominent position it has held for millennia in religious thinking, the atonement model is relatively new to American legal theory. Professor Stephen Garvey's attempt to offer a systematic depiction and analysis of the process of atonement and its possible relevance to American law appears to represent the most extensive effort to date. Any application …
Suburban Sprawl: Not Just An Environmental Issue, Michael Lewyn
Suburban Sprawl: Not Just An Environmental Issue, Michael Lewyn
Scholarly Works
Many conservatives believe that (1) sprawl is merely the result of the free market at work; (2) even if sprawl has negative effects, it cannot be limited without implementation of the liberal/environmentalist agenda of larger and more intrusive government; therefore, (3) conservatives should do nothing to fight sprawl. This article rejects all three propositions. Specifically, I argue that: (1) sprawl is in large part a result of runaway statism rather than the free market; (2) sprawl threatens conservative values such as consumer choice, the work ethic, and social stability, and (3) free-market, anti-spending solutions can limit sprawl and revitalize cities.
Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar
Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar
Scholarly Works
No abstract provided.
An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine
An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine
Scholarly Works
Levine examines the roles of legislative and judicial bodies, in the context of a discussion of broader principles of legislation in the Jewish legal system. In recent years, American legal scholars have increasingly looked to Jewish law as a model of an alternative legal system that considers many of the issues present in the American legal system. In relation to the roles of legislative and judicial bodies, the Jewish legal system provides a particularly illuminating contrast to the American legal system, in part because in Jewish law, the same authority, the Sanhedrin, or High Court, serves in both a legislative …
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Scholarly Works
No abstract provided.
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver
Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver
Scholarly Works
No abstract provided.
Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks
Reevaluating Substantive Due Process As A Source Of Protection For Psychiatric Patients To Refuse Drugs, William M. Brooks
Scholarly Works
No abstract provided.
Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer
Tort Law (Symposium: The Supreme Court And State And Local Government Law: The 1996-97 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard A. Glickstein
Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard A. Glickstein
Scholarly Works
No abstract provided.
Halacha And Aggada: Translating Robert Cover’S Nomos And Narrative, Samuel J. Levine
Halacha And Aggada: Translating Robert Cover’S Nomos And Narrative, Samuel J. Levine
Scholarly Works
Levine takes a look at Robert Cover's 1983 Harvard Law Review article, Nomos and Narrative. Nomos is characterized by its heavy reliance on Jewish sources as a basis for analyzing contemporary American legal theory. The basis of narrative is the thesis that no set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning, so law becomes not merely a system of rules to be observed, but a world in which we live. Cover's explanation of these ideas coincided with and influenced the emergence of what has become known as "legal storytelling". In …
What's Wrong With Faculty-Student Sex? Response Ii, Dan Subotnik
What's Wrong With Faculty-Student Sex? Response Ii, Dan Subotnik
Scholarly Works
No abstract provided.
Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine
Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine
Scholarly Works
In recent years, a growing body of scholarship has developed in the United States that applies concepts in Jewish law to unsettled, controversial, and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the …
The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine
The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine
Scholarly Works
The religious individual faces the constant challenge of reconciling religious ideals with the mundane realities of everyday life. Indeed, it is through the performance of ordinary daily activities that a person can truly observe such religious duties as serving God and loving one's neighbor. For the Orthodox Jew, an intricate set of religious laws and principles governs every area of life. In choosing a career, an Orthodox Jew must therefore be concerned that professional obligations not interfere with the fulfillment of religious ones. While religious duties impose obligations on the religious individual, at the same time they provide opportunities to …
Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein
Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein
Scholarly Works
No abstract provided.
“Sue Me, Sue Me, What Can You Do To Me? I Love You” A Disquisition On Law, Sex, And Talk, Dan Subotnik
“Sue Me, Sue Me, What Can You Do To Me? I Love You” A Disquisition On Law, Sex, And Talk, Dan Subotnik
Scholarly Works
No abstract provided.
Courage In The Holocaust, Lawrence Raful
Law, Art, And The Killing Jar, Louise Harmon
Profit, Progress And Moral Imperatives, Deborah W. Post
Profit, Progress And Moral Imperatives, Deborah W. Post
Scholarly Works
No abstract provided.
Homecoming: The Ritual Of Writing History, Deborah Waire Post
Homecoming: The Ritual Of Writing History, Deborah Waire Post
Scholarly Works
No abstract provided.