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Articles 1 - 9 of 9
Full-Text Articles in Law
Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White
Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White
Touro Law Review
Robert Cover’s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals’ ability to participate in the development of an idea of nation, is necessary to avoid “a total crushing of the jurisgenerative character” of nomoi by the state, or by …
Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson
Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson
Touro Law Review
The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …
Rights And Duties In Jewish Law, Itamar Rosensweig, Shua Mermelstein
Rights And Duties In Jewish Law, Itamar Rosensweig, Shua Mermelstein
Touro Law Review
In this Article, we argue that rights play a central role in Jewish law. In Section I, we reconstruct Robert Cover’s thesis distinguishing the West’s jurisprudence of rights from Judaism’s jurisprudence of obligation. In Section II, we present Rabbi Lichtenstein’s theory that rights play no central role in Jewish law. We show that the theories of Rabbi Lichtenstein and Robert Cover have given rise to the idea that there are no rights in Jewish law, only obligations. In Section III we develop two types of arguments in support of our position that rights are central to Jewish law. Our first …
‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Soloman, Russell G. Pearce
‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Soloman, Russell G. Pearce
Touro Law Review
The role and function of “halakha” (Jewish law) in Jewish communal life is a divisive issue: while Orthodox Jews tend to embrace Jewish law, non-Orthodox Jews (here deemed “Heterodox”) generally reject Jewish law and halakhic discourse. We will explore the way in which Robert Cover’s work offers an antidote to categorical Heterodox distaste for halakha specifically, and law more broadly, providing a pathway into an articulation of halakha that may speak to Heterodox Jews specifically: one that is driven by creative “jurisgenerative” potential, that is informed by a paideic pluralism, and that is fundamentally democratic in its commitment to being …
Bridges Of Law, Ideology, And Commitment, Steven L. Winter
Bridges Of Law, Ideology, And Commitment, Steven L. Winter
Touro Law Review
Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …
Revisiting A Jurisprudence Of Obligation, Ariel Evan Mayse, Kenneth A. Bamberger
Revisiting A Jurisprudence Of Obligation, Ariel Evan Mayse, Kenneth A. Bamberger
Touro Law Review
Through his landmark exploration of obligation as the conceptual touchstone of what he describes as the “Jewish jurisprudence of the social order,” Robert Cover offered an alternate language for legal regimes grounded in a rhetoric of individual rights. The present essay revisits Cover’s account of the socially embedded nature of law and juridical process, taking seriously both its claims, as well as the cautions of its critics. The essay thus neither abandons the concept of rights as key to jurisprudence nor seeks to present a naïve or romantic characterization of Jewish legal thought, and proceeds wary of the pitfalls inherent …
Aging, Health, Equity, And The Law: Foreword, Joan C. Foley
Aging, Health, Equity, And The Law: Foreword, Joan C. Foley
Touro Law Review
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.
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.
Denial Of Housing To African Americans: Post-Slavery Reflections From A Civil Rights Advocate, Elaine Gross
Denial Of Housing To African Americans: Post-Slavery Reflections From A Civil Rights Advocate, Elaine Gross
Touro Law Review
In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six lessons related to understanding the systematic discrimination and segregation of African Americans. The lessons encompass: (1) the role of the federal government, (2) the role of municipal governments, (3) White supremacy ideation and actions, (4) legislative advocacy and legal actions, (5) …