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Articles 1 - 21 of 21

Full-Text Articles in Law

Cv And Resume, Arthur Lang Jan 2013

Cv And Resume, Arthur Lang

Arthur Lang

No abstract provided.


Chezkas Habatim, Arthur Lang Jan 2013

Chezkas Habatim, Arthur Lang

Arthur Lang

No abstract provided.


Halacha And The Common Law, Arthur Lang Oct 2012

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 May 2012

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 Mar 2012

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 Jan 2012

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 May 2011

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 Mar 2011

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 Jan 2011

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 Jan 2010

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 Jan 2010

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 Jan 2010

The מקור Of The Legislative Power, Aaron Lang

Arthur Lang

No abstract provided.


U.S. V. Yeager And Consistency With Double Jeopardy, Arthur Lang Jan 2009

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 Jan 2009

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 Jan 2008

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 Jan 2007

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 Nov 2006

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 Jan 2000

Substantive Due Process, Arthur Lang

Arthur Lang

No abstract provided.


Arev, Aaron Lang Jan 2000

Arev, Aaron Lang

Arthur Lang

No abstract provided.


Free Speech, Arthur Lang Jan 1999

Free Speech, Arthur Lang

Arthur Lang

No abstract provided.


קונטרס דינא דמלכותא Jan 1998

קונטרס דינא דמלכותא

Arthur Lang

No abstract provided.