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Articles 1 - 21 of 21
Full-Text Articles in Law
Cv And Resume, Arthur Lang
Chezkas Habatim, Arthur Lang
Halacha And The Common Law, Arthur Lang
Halacha And The Common Law, Arthur Lang
Arthur Lang
The theoretical basis of halacha differs from that of דיני אמות העלום. Obligations and liability are regulated in halacha by defining the nature of an act, did a particular ma’asa occur, whereas the common law regulates with an eye toward social policy, what consequences were set in motion by an actor. Halacha turns on the act of stealing, the act of eating matzoh, the act of acquisition, the act of homicide, the act of damaging, and the act of marrying, rather than respectively, the interference with property rights, the acknowledgment of a symbol, the contract of sale, the violation of …
Compensatory Damages And Special Education Law, Arthur Lang
Compensatory Damages And Special Education Law, Arthur Lang
Arthur Lang
The Individuals with Disabilities Educational Act (IDEA) requires that states receiving federal funds provide a Free and Appropriate Education (FAPE) to students with disabilities. Failing to provide a FAPE is discriminatory under the Equal Protection Clause of the Fourteenth Amendment, the Rehabilitations Act (RA), and the Americans with Disabilities Act (ADA). The IDEA provides remedies to correct inadequacies with compensatory education but does not provide compensatory damages. Parents dissatisfied with the adequacy of the education of a child with special needs have tried to bypass this, using §1983 and the RA to seek damages for an inadequate education under the …
The Marshall Doctrine, The Taney Doctrine And Calhounian Federalism, Arthur Lang
The Marshall Doctrine, The Taney Doctrine And Calhounian Federalism, Arthur Lang
Arthur Lang
The unity of authority vested in Congress over interstate commerce created a single continental economy. While the states of Europe endured centuries of conflict, this centralization of authority contributed to peace and prosperity in the American states. Congress has appropriated its interstate power to confront issues diverse as economic and racial discrimination, and regulatory and criminal law, expanding the rule of the federal government at the expense of the states. This paper will compare the power of the Court to invalidate state law found inconsistent with federal legislative policy under the commerce clause with the power of the Court to …
Judicial Supremacy, School Financing, And Closing The Achievement Gap In New Jersey, Arthur Lang
Judicial Supremacy, School Financing, And Closing The Achievement Gap In New Jersey, Arthur Lang
Arthur Lang
Shadowed by its powerful neighbors to the north and east, New Jersey settled into a multiplicity of residential communities. The people of New Jersey, following in the footsteps of their revolutionary predecessors, jealously protect their rule from home against incursions of the larger realm. With a legislature historically dominated by municipal and county bosses, the judiciary has stepped into the political fray to guard the “general welfare” of the state as a whole. Nowhere has this had so great an impact as in education. New Jersey schools have become well financed and are nationally acclaimed for student achievement. Urban, minority …
The State Of Education In Lakewood: Can Students In The Religious Community Access Education?, Arthur Lang
The State Of Education In Lakewood: Can Students In The Religious Community Access Education?, Arthur Lang
Arthur Lang
Lakewood, New Jersey is the fastest growing large town in the country. Of the 28,000 children registered in Lakewood schools, 75% attend private schools, saving the state over $300 million. This leaves the burden of education upon Lakewood families, about 34% of which are below the poverty level. Ninety-nine percent of township students in private schools attend yeshivas. Yeshivas for boys generally do not provide a diploma and provide little or no secular education in high school, while schools for girls provide diplomas and a relatively more rigorous curriculum. Recent Supreme Court decisions regarding state funded vouchers, the charter movement, …
The Child Welfare Agency In The Religious Community, Arthur Lang
The Child Welfare Agency In The Religious Community, Arthur Lang
Arthur Lang
This paper explores the role religion plays in decisions regarding placement, custody and adoption of children. More specifically, it examines whether children of one religion are placed into foster care or put up for adoption into families of a different religion? Do parents, in general have a right to control the religion of their children? The child welfare statutes of New York and New Jersey, two neighboring States, are described, and one of which that furthers the religion of the parents, is scrutinized for possible Establishment Clause violations. Secondly, we will report the famous Texas case that involved the seizure …
What Is Interest?, Arthur Lang
What Is Interest?, Arthur Lang
Arthur Lang
Interest is the rental fee for the use of money. Interest is biblically prohibited. In order to understand this prohibition, this paper looks at difference between the biblical system of law, halacha, and the common law. It follows the subsequent polity that result logically follows from the proscriptions protecting the debtor. Finally, the paper explains how the prohibition is avoided through the use of various legal technicalities in order to keep a bank in compliance with banking regulations.
Morality And The Law, Arthur Lang
Morality And The Law, Arthur Lang
Arthur Lang
This paper includes a discussion of liberal and conservative theories of law and government and an analysis of the proper place of morality in the law. It follows the logical conclusions of California definition of feticide as homicide, the distinction between commission and omission, the understanding of marriage, the right to die, the law of necessity, privileges and immunities, and the prohibition of self mutilation. Original ideas include tracing substantive due process to Calhoun and the Compromise of 1850, a new answer to the theodicy, solution to the Kantian moral dilemma, the primacy of compassion and the recognition of being, …
Law, Morality And The Decline Of The Family, Arthur Lang
Law, Morality And The Decline Of The Family, Arthur Lang
Arthur Lang
Morality, rights and justice are not determined by the will of a majority, but are logical concepts. A moral statement asserts to be valid for everyone. This paper demonstrates the rationality of distinguishing between true marriage and so-called same gender marriage, between omissions and commissions of acts, and between withdrawal of medical treatment and euthanasia. Additionally, the paper advocates the right a parent to keep a child alive against a medical community that seeks his or her termination.
The מקור Of The Legislative Power, Aaron Lang
U.S. V. Yeager And Consistency With Double Jeopardy, Arthur Lang
U.S. V. Yeager And Consistency With Double Jeopardy, Arthur Lang
Arthur Lang
The Court refined the Double Jeopardy Clause into a coherent and consistent group of doctrines over the last half century. Res judicata, the finality of judgement, historically has prevented re-litigation of issues previously determined. As J. Holmes said, the safeguards of the person cannot be less than those that protect a liability in debt. This has lead to a a surge of cases involving collateral estoppel that have correcting older rulings seemingly inconsistent with the spirit of the Double Jeopardy Clause.
A Victim Of Physical Abuse Is Patur From The Din Of Mosar, Aaron Lang
A Victim Of Physical Abuse Is Patur From The Din Of Mosar, Aaron Lang
Arthur Lang
No abstract provided.
Special Education Funding And Fape In Lakewood, Arthur Lang
Special Education Funding And Fape In Lakewood, Arthur Lang
Arthur Lang
Federal law requires each State to offer a free and appropriate education to students found in private schools. New Jersey grants each private school student found to need special education services $2,135 for a free and appropriate education in a public school, while each student initially found in public schools is granted $14,531 (including categorical aid).
Not Compatible With Life, Arthur Lang
Not Compatible With Life, Arthur Lang
Arthur Lang
Novelties Compassion Compassion, like the concept of good, is not means to something else. It simply exists. It exists between man and man, parent and child, and between God and man. The compassion between parent and child correlates to the compassion between God and man. We pray that God has compassion for us as a parent has compassion for a child. This correlation is the source of the conception of the other man as the fellow man, someone worthy of compassion. Compassion is the recognition of moral being. It is the substantiation of another, the recognition of his or her …
Summary Of Education Law, Arthur Lang
Summary Of Education Law, Arthur Lang
Arthur Lang
Summary of education law following chapters and references in Michael Imber & Tyll van Gell, Education Law, Lawrence Erlbaum Associates, Publishers, Mahwah, New Jersey (2004)
Substantive Due Process, Arthur Lang
Arev, Aaron Lang
Free Speech, Arthur Lang