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2011

Selected Works

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Articles 1 - 30 of 55

Full-Text Articles in Other Law

The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia Dec 2011

The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Apathy In The Face Of Cruelty, Ahmed Souaiaia Dec 2011

Apathy In The Face Of Cruelty, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Qatar, Al Jazeera, And The Arab Spring, Ahmed E. Souaiaia Nov 2011

Qatar, Al Jazeera, And The Arab Spring, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine Oct 2011

Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine

Samuel J. Levine

No abstract provided.


Courage In The Holocaust, Lawrence Raful Sep 2011

Courage In The Holocaust, Lawrence Raful

Lawrence Raful

No abstract provided.


The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher Aug 2011

The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher

Harry Reicher

No abstract provided.


Law, Art, And The Killing Jar, Louise Harmon Aug 2011

Law, Art, And The Killing Jar, Louise Harmon

Louise Harmon

No abstract provided.


Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon Aug 2011

Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon

Louise Harmon

No abstract provided.


Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein Jul 2011

Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein

Richard Daniel Klein

No abstract provided.


Illuminating The Dark: The Stories Of Lowell B. Komie And The Pursuit Of Meaningful Work, Louise Harmon Jul 2011

Illuminating The Dark: The Stories Of Lowell B. Komie And The Pursuit Of Meaningful Work, Louise Harmon

Louise Harmon

No abstract provided.


Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman Jul 2011

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman Jul 2011

Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Lawyering Decisions—October 2009 Term, Eileen Kaufman Jul 2011

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron Jun 2011

Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron

Rodger Citron

No abstract provided.


The Nuremberg Trials And American Jurisprudence: The Decline Of Legal Realism, The Revival Of Natural Law, And The Development Of Legal Process Theory, Rodger D. Citron Jun 2011

The Nuremberg Trials And American Jurisprudence: The Decline Of Legal Realism, The Revival Of Natural Law, And The Development Of Legal Process Theory, Rodger D. Citron

Rodger Citron

No abstract provided.


Institutional Sources Of Organizational Culture In Major Law Firms, Pamela S. Tolbert Jun 2011

Institutional Sources Of Organizational Culture In Major Law Firms, Pamela S. Tolbert

Pamela S Tolbert

[Excerpt] A large body of research has been generated within the last few years on the forms and functions of organizational culture and on the consequences of culture for organizational control and effectiveness. Surprisingly little attention has been given, however, to the sources of organizational culture and, in particular, to the features of organizations that affect its maintenance and transmission. This chapter uses an institutionalization perspective to explore these issues.


“We Cannot Remain Morally Neutral”: Howard A. Glickstein, Dean, Touro Law Center, 1986-2004, Jeffrey B. Morris Jun 2011

“We Cannot Remain Morally Neutral”: Howard A. Glickstein, Dean, Touro Law Center, 1986-2004, Jeffrey B. Morris

Jeffrey B. Morris

No abstract provided.


Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine May 2011

Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine

Samuel J. Levine

Deconstructing Bruce Springsteen's album, "Nebraska," Levine demonstrates how Springsteen's songs challenge modern paradigms of crime, punishment and the American criminal justice system. Professor Levine deconstructs the message of the album by introducing the reader to the three categories of criminals who appear on the album: The enigmatic criminal; the sympathetic criminal; and the "criminal as brother." Professor Levine first examines the enigmatic criminal who materializes in Springsteen's title track, "Nebraska." This criminal shows no remorse for his crime and makes no attempt to justify or explain his actions. The enigmatic criminal demonstrates how an exploration of the criminal mindset may …


An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine May 2011

An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine

Samuel J. Levine

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 …


Reflections On Responsibilities In The Public Square, Through A Perspective Of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine May 2011

Reflections On Responsibilities In The Public Square, Through A Perspective Of Jewish Tradition: A Brief Biblical Survey, Samuel J. Levine

Samuel J. Levine

In recent years, there has developed in the United States a substantial and growing interest in the role of religion in the public square. Within religious communities, the conversation has, at times, focused on the approach of specific religious traditions toward their own responsibilities to contribute to and influence the moral, ethical, and legal standards of American society. For Jewish communities living in the United States, these questions comprise yet another application of issues the Jewish people has confronted throughout its history. To the extent that the nature of American political and social structures differ significantly from those experienced by …


Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine May 2011

Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine

Samuel J. Levine

Deconstructing Bruce Springsteen's album, "Nebraska," Levine demonstrates how Springsteen's songs challenge modern paradigms of crime, punishment and the American criminal justice system. Professor Levine deconstructs the message of the album by introducing the reader to the three categories of criminals who appear on the album: The enigmatic criminal; the sympathetic criminal; and the "criminal as brother." Professor Levine first examines the enigmatic criminal who materializes in Springsteen's title track, "Nebraska." This criminal shows no remorse for his crime and makes no attempt to justify or explain his actions. The enigmatic criminal demonstrates how an exploration of the criminal mindset may …


Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, And The New York Emergency Rent Laws Of 1920: A Case Study In The Role Of Jewish Lawyers And Jewish Law In Early Twentieth Century Public Interest Litigation, Samuel J. Levine May 2011

Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, And The New York Emergency Rent Laws Of 1920: A Case Study In The Role Of Jewish Lawyers And Jewish Law In Early Twentieth Century Public Interest Litigation, Samuel J. Levine

Samuel J. Levine

In this Article, Levine examines the litigation surrounding the New York Emergency Rent Laws of 1920. In particular, he focuses upon a series of cases litigated by two of the most prominent Jewish lawyers in United States in the first half of the twentieth century: Louis Marshall and Julius Henry Cohen. Among other notable aspects of the litigation, the cases reached the New York Court of Appeals and the United States Supreme Court, which at that time included two of the most eminent jurists in the history of the United States, Judge Benjamin N. Cardozo and Justice Oliver Wendell Holmes, …


Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine May 2011

Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine

Samuel J. Levine

In one of his earliest encyclicals, Dives in Misericordia, Pope John Paul II explored the concepts of mercy and kindness, with a focus on notions of divine love and compassion. Building upon these observations, and drawing extensively on the work of Rabbi Joseph Soloveitchik and other scholars of Jewish law and philosophy, Levine considers the complementary roles of justice and mercy in Jewish tradition. Toward that end, Levine places these concepts in a broader perspective, viewing mercy as representative of attributes such as kindness, compassion, love, and peacefulness, while understanding justice in terms of more exacting principles, such as strict …


Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine May 2011

Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine

Samuel J. Levine

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 …


Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine May 2011

Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine

Samuel J. Levine

Of the various movements that have surfaced in American legal theory in recent decades, law and economics has emerged as perhaps the most influential, leading some to characterize it as the dominant contemporary mode of analysis among American legal scholars. In this essay, Levine considers law and economics in the context of a comparative discussion of another prominent intellectual legal movement, the Brisker method of Talmudic analysis, which originated in Eastern Europe in the late nineteenth century and quickly developed into a leading method of theoretical study of Jewish law. The Brisker method takes its name from the city of …


Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine May 2011

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Samuel J. Levine

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 …


Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine May 2011

Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine

Samuel J. Levine

In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree of omnisignificance, requiring that interpreters pay careful attention to every textual phrase and nuance in an effort to find its legal meaning and implications. In light of this presumption, it might be expected that normative interpretation of both the Torah and the Constitution would preclude a methodology that allows sections of the text to remain bereft of concrete legal application. In fact, however, both the …


Halacha And Aggada: Translating Robert Cover’S Nomos And Narrative, Samuel J. Levine May 2011

Halacha And Aggada: Translating Robert Cover’S Nomos And Narrative, Samuel J. Levine

Samuel J. Levine

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 …


The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine May 2011

The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine

Samuel J. Levine

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 …


A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine May 2011

A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine

Samuel J. Levine

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 …