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Full-Text Articles in Law

The Conference Of Religiously Affiliated Law Schools Foreword, Samuel J. Levine Jan 2023

The Conference Of Religiously Affiliated Law Schools Foreword, Samuel J. Levine

Touro Law Review

No abstract provided.


Reflections On The Creation Of The Jewish Law Institute At Touro, Randy Lee Jan 2023

Reflections On The Creation Of The Jewish Law Institute At Touro, Randy Lee

Touro Law Review

Having interpreted the topic of our panel liberally, what I want to talk about today is why Sam Levine, director of Touro’s Jewish Law Institute, is here at the conference, or, to put it differently—why does Touro Law School have a Jewish law institute?”


Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas Jan 2021

Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas

Journal of Race, Gender, and Ethnicity

No abstract provided.


1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina Jan 2021

1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina

Journal of Race, Gender, and Ethnicity

No abstract provided.


Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala Jan 2021

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.


Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller Jan 2021

Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller

Journal of Race, Gender, and Ethnicity

No abstract provided.


Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine Oct 2020

Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine

Scholarly Works

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 “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander Jan 2020

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.


Establishment Of Religion Supreme Court Appellate Division Third Department Jul 2019

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Is There A Place For Religion In Judicial Decision-Making?, Hon. Kermit V. Lipez Mar 2015

Is There A Place For Religion In Judicial Decision-Making?, Hon. Kermit V. Lipez

Touro Law Review

No abstract provided.


Discrimination Cases Of The 2002 Term, Eileen Kaufman Dec 2014

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.


The Legal Definition Of Religion: From Eating Cat Food To White Supremacy, Jane M. Ritter Dec 2014

The Legal Definition Of Religion: From Eating Cat Food To White Supremacy, Jane M. Ritter

Touro Law Review

No abstract provided.


Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon Jun 2014

Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon

Touro Law Review

No abstract provided.


Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty May 2014

Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty

Touro Law Review

No abstract provided.


Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer May 2014

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein May 2014

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.


Curtailing The First Amendment Protection To Discovery, Silvia Durri Mar 2014

Curtailing The First Amendment Protection To Discovery, Silvia Durri

Touro Law Review

No abstract provided.


The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein Oct 2013

The Influence Of A Jewish Education And Jewish Values On A Jewish Judge, Alvin K. Hellerstein

Touro Law Review

No abstract provided.


Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks Oct 2013

Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks

Touro Law Review

No abstract provided.


Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak Oct 2013

Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak

Touro Law Review

Analyzes the two divided loyalties that Levinson faces in "Divided Loyalties: The Problem of 'Dual Sovereignty' and Constitutional Faith."


Israel's Constitutional Tragedy, Menachem Lorberbaum Oct 2013

Israel's Constitutional Tragedy, Menachem Lorberbaum

Touro Law Review

No abstract provided.


Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston Oct 2013

Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston

Touro Law Review

No abstract provided.


Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson Oct 2013

Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson

Touro Law Review

Sanford Levinson provides the inaugural lecture of the new Jewish Law Institute at Touro Law School. He focuses on some of the ways that he finds himself constantly thinking of what might be termed "meta-issues" that arise in his joint study of, and intellectual confrontation with, Jewish law and American constitutional law.


Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon Dec 2012

Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon

Touro Law Review

For over fifty years, James Madison warned the American colonies and the new United States of America of the dangers of linking religion with government. Madison fought in his home state of Virginia to separate church and state and continued the fight as a congressman and as president. Between 2001 and 2009, President George W. Bush overtly linked religion with government. President Bush's efforts provide the opportunity to test President Madison's hypothesis that danger arises in American society when religion and government are linked. The Gallup Organization in its public opinion testing provides the means used in this Article to …


A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine Jan 2012

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Scholarly Works

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 …


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 Jan 2008

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 …


"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky Jan 2007

"Curst Be He That Moves My Bones:" The Surprisingly Controlling Role Of Religion In Equitable Disinterment Decisions, Peter Zablotsky

Scholarly Works

No abstract provided.


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman Jan 2007

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.


Everything Lawyers Know About Polygamy Is Wrong, S. Crincoli (Sigman) Jan 2006

Everything Lawyers Know About Polygamy Is Wrong, S. Crincoli (Sigman)

Scholarly Works

No abstract provided.


Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine Jan 2005

Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine

Scholarly Works

This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …