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Articles 1 - 25 of 25
Full-Text Articles in Religion Law
Intentional Discrimination And Haredi Jews, Michael Lewyn
Intentional Discrimination And Haredi Jews, Michael Lewyn
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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
Law And Redemption: Expounding And Expanding Robert Cover’S Nomos And Narrative, Samuel J. Levine
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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
The Supreme Court’S Hands-Off Approach To Religious Questions In The Era Of Covid-19 And Beyond, Samuel J. Levine
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No abstract provided.
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
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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
Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn
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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 …
Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine
Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine
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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
The Law Of The Eruv, Michael Lewyn
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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.
Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine
Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine
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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 …
Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine
Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine
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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.
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
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This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
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No abstract provided.
Hosanna-Tabor And Supreme Court Precedent: An Analysis Of The Ministerial Exception In The Context Of The Supreme Court’S Hands-Off Approach To Religious Doctrine, Samuel J. Levine
Hosanna-Tabor And Supreme Court Precedent: An Analysis Of The Ministerial Exception In The Context Of The Supreme Court’S Hands-Off Approach To Religious Doctrine, Samuel J. Levine
Scholarly Works
The United States Supreme Court‘s review of the decision of the United States Court of Appeals for the Sixth Circuit in the case of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC could lead to a major development in the Court‘s Religion Clause jurisprudence. On one level, Hosanna-Tabor presents important questions regarding the interrelationship between employment discrimination laws and the constitutional rights of religious organizations. The narrow issue at the center of the case is the ministerial exception, a doctrine that precludes courts from adjudicating discrimination claims arising out of disputes between religious institutions and their ministerial employees. This Essay …
Ceremonial Objects From The Collection Of Rabbi David A. Whiman, Beth Mobley
Ceremonial Objects From The Collection Of Rabbi David A. Whiman, Beth Mobley
Exhibits
No abstract provided.
God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine
God And The Land: A Holy War Between Religious Exercise And Community Planning And Development, Patricia E. Salkin, Amy Lavine
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This article is a brief introduction to The Albany Government Law Review symposium on God and the Land. This piece sets forth a brief history of the Religious Land Use and Institutionalized Persons Act (RLUIPA) setting the backdrop for the controversy that has surrounded the Act and its impact on religious entities and municipalities. Since the enactment of RLUIPA, the floodgates have burst open with litigation in attempts to clarify many ambiguities in the statute. The remainder of the piece provides a sneak preview of the articles contained in The Albany Government Law Review by Professors Angela Carmella, Marci Hamilton, …
The Art Of Early Printed Books: Judaica Gems & English Bibles From The Collection Of Rabbi Howard R. Buechler, Beth Mobley
The Art Of Early Printed Books: Judaica Gems & English Bibles From The Collection Of Rabbi Howard R. Buechler, Beth Mobley
Exhibits
No abstract provided.
The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine
The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine
Scholarly Works
In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …
Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine
Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine
Scholarly Works
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 …
Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn
Suburban Sprawl, Jewish Law, And Jewish Values, Michael Lewyn
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In the second half of the twentieth century, America's cities and suburbs were engulfed by suburban sprawl - the movement of people (especially middle-class families) and jobs from older urban cores to newer, less densely populated, more automobile-dependent communities generally referred to as suburbs. Cities throughout America lost population to their outlying suburbs, and cities that gained population usually did so only because they were able to annex those suburbs. America's suburban revolution has not left Jewish communities unscathed. For example, the city of Newark, New Jersey, contained 58,000 Jews and thirty-four synagogues in the 1940s, but today has only …
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Scholarly Works
In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Scholarly Works
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
The Implications Of The Constitution’S Religion Clauses On New York Family Law, Ilene Barshay
The Implications Of The Constitution’S Religion Clauses On New York Family Law, Ilene Barshay
Scholarly Works
No abstract provided.
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
Scholarly Works
Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases. In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …
Review Essay: The Challenges Of Religous Neutrality, Samuel J. Levine
Review Essay: The Challenges Of Religous Neutrality, Samuel J. Levine
Scholarly Works
Levine begins this review essay by noting that at the outset of his discussion, Gedicks notes the difficulty one faces in critically engaging Supreme Court decisions in the area of church and state law. Gedicks goes on to premise his analysis on the identification of “competing rhetorical discourses of church-state relations,” through which he attempts to “organize virtually all of religion clause doctrine.” Gedicks applies this phenomenon, which he terms “discourse,” to church and state law. Thus, in The Rhetoric of Church and State: A Critical Analysis of Religion Clause Jurisprudence, Professor Gedicks succeeds in his goal of providing a …
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein
Scholarly Works
No abstract provided.
Profit, Progress And Moral Imperatives, Deborah W. Post
Profit, Progress And Moral Imperatives, Deborah W. Post
Scholarly Works
No abstract provided.