Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- File Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Michael A Helfand
This Article considers a trend towards what I have termed the "new multiculturalism," where conflicts between law and religion are less about recognition and symbolism and more about conflicting legal orders. Nothing typifies this trend more than the increased visibility of religious arbitration, whereby religious groups use current arbitration doctrine to have their disputes adjudicated not in U.S. courts and under U.S. law, but before religious courts and under religious law. This dynamic has pushed the following question to the forefront of the multicultural agenda: under what circumstances should U.S. courts enforce arbitration awards issued by religious courts in accordance …
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
Samuel J. Levine
No abstract provided.
Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview, Samuel J. Levine
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 …
A Look At American Legal Practice Through A Perspective Of Jewish Law, Ethics, And Tradition: A Conceptual Overview, Samuel J. Levine
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 …
Profit, Progress And Moral Imperatives, Deborah W. Post
Profit, Progress And Moral Imperatives, Deborah W. Post
Deborah W. Post
No abstract provided.
Panelist, “Religious Issues In Marriage And Divorce Law”, Michael Helfand
Panelist, “Religious Issues In Marriage And Divorce Law”, Michael Helfand
Michael A Helfand
No abstract provided.
Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard Glickstein
Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard Glickstein
Howard Glickstein
No abstract provided.
Panelist, “Rabbinical Arbitration In The 21st Century: Contemporary Issues And Challenges”, Michael Helfand
Panelist, “Rabbinical Arbitration In The 21st Century: Contemporary Issues And Challenges”, Michael Helfand
Michael A Helfand
No abstract provided.
Confirming Piskei Din In Secular Court, Michael Helfand
Confirming Piskei Din In Secular Court, Michael Helfand
Michael A Helfand
No abstract provided.