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Articles 31 - 60 of 76
Full-Text Articles in Other Law
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
Scholarly Works
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 …
In Memoriam: Deborah Hecht, Jeffrey B. Morris
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine
Scholarly Works
Of the various movements that have surfaced in American legal theory in recent decades, law and economics has emerged as perhaps the most influential, leading some to characterize it as the dominant contemporary mode of analysis among American legal scholars. In this essay, Levine considers law and economics in the context of a comparative discussion of another prominent intellectual legal movement, the Brisker method of Talmudic analysis, which originated in Eastern Europe in the late nineteenth century and quickly developed into a leading method of theoretical study of Jewish law. The Brisker method takes its name from the city of …
An Introduction To Self-Incrimination In Jewish Law, With Application To The American Legal System: A Psychological And Philosophical Analysis, Samuel J. Levine
An Introduction To Self-Incrimination In Jewish Law, With Application To The American Legal System: A Psychological And Philosophical Analysis, Samuel J. Levine
Scholarly Works
In recent years, American courts and legal scholars have increasingly turned to Jewish legal tradition for insights into various issues confronting the American legal system. Jewish law has provided an alternative model and, at times, a contrast case that some have found particularly helpful in illuminating complex, controversial, and unsettled areas of American law. In light of these developments, this Essay aims to consider the efficacy of drawing on Jewish law to facilitate a more thoughtful analysis of issues in American law, with a specific focus on the issue of self-incrimination. The Essay begins with a brief discussion of the …
Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine
Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine
Scholarly Works
In one of his earliest encyclicals, Dives in Misericordia, Pope John Paul II explored the concepts of mercy and kindness, with a focus on notions of divine love and compassion. Building upon these observations, and drawing extensively on the work of Rabbi Joseph Soloveitchik and other scholars of Jewish law and philosophy, Levine considers the complementary roles of justice and mercy in Jewish tradition. Toward that end, Levine places these concepts in a broader perspective, viewing mercy as representative of attributes such as kindness, compassion, love, and peacefulness, while understanding justice in terms of more exacting principles, such as strict …
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Discussion: A Focus On Federalism, Jeffrey B. Morris
Discussion: A Focus On Federalism, Jeffrey B. Morris
Scholarly Works
No abstract provided.
Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine
Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine
Scholarly Works
Deconstructing Bruce Springsteen's album, "Nebraska," Levine demonstrates how Springsteen's songs challenge modern paradigms of crime, punishment and the American criminal justice system. Professor Levine deconstructs the message of the album by introducing the reader to the three categories of criminals who appear on the album: The enigmatic criminal; the sympathetic criminal; and the "criminal as brother." Professor Levine first examines the enigmatic criminal who materializes in Springsteen's title track, "Nebraska." This criminal shows no remorse for his crime and makes no attempt to justify or explain his actions. The enigmatic criminal demonstrates how an exploration of the criminal mindset may …
Rediscovering Julius Henry Cohen And The Origins Of The Business/Profession Dichotomy: A Study In The Discourse Of Early Twentieth Century Legal Professionalism, Samuel J. Levine
Rediscovering Julius Henry Cohen And The Origins Of The Business/Profession Dichotomy: A Study In The Discourse Of Early Twentieth Century Legal Professionalism, Samuel J. Levine
Scholarly Works
This article addresses one of the central contemporary debates over the nature of the practice of law, reflected in the business/profession dichotomy. Specifically, the article presents an exploration of the discourse and underlying attitudes of early twentieth century legal professionalism, in the context of a close analysis of Cohen's 1916 classic, The Law: Business or Profession?, a highly influential work that is a standard citation in the contemporary debate. The article contrasts Cohen's rhetoric and underlying approach to professionalism against the anti-Semitism, nativism, classism, economic protectionism, and general elitism often expressed by leaders of the early twentieth century bar who, …
Community Service Component Of An Alternative Bar Exam, Eileen Kaufman
Community Service Component Of An Alternative Bar Exam, Eileen Kaufman
Scholarly Works
No abstract provided.
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
September 11th: Pro Bono And Trauma, Marjorie A. Silver
September 11th: Pro Bono And Trauma, Marjorie A. Silver
Scholarly Works
No abstract provided.
How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn
How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn
Scholarly Works
Some commentators have labeled Atlanta, Ga. as America's poster child for sprawl. Atlanta is highly auto-oriented, and suffers from higher levels of traffic congestion and air pollution than most other cities. This book review explains how sprawl happened in Atlanta - not through the mysterious invisible hand of the free market, but through transportation and zoning decisions made by city officials.
Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron
Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron
Scholarly Works
No abstract provided.
A Restatement Of Rabbinic Civil Law, Volumes Vii And Viii, By Emanuel Quint (Book Review), Samuel J. Levine
A Restatement Of Rabbinic Civil Law, Volumes Vii And Viii, By Emanuel Quint (Book Review), Samuel J. Levine
Scholarly Works
In Volumes VII and VIII of A Restatement of Rabbinic Civil Law, Rabbi Emanuel Quint follows admirably in the path of Maimonides and Rabbi Caro. Building on and updating the work of these and countless other legal scholars, Rabbi Quint offers a comprehensive and scholarly yet comprehensible and practical description of the law in a wide variety of subjects, including sales, gifts and gifts causa mortis, wills and estates, lost property, and bailments. The deceptive simplicity of Rabbi Quint's finished product, however, should not obscure the inherent difficulty of the ambitious task he has undertaken: an attempt to present a …
The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus
The Talmudic Rule Against Self-Incrimination And The American Exclusionary Rule: A Societal Prohibition Versus An Affirmative Individual Right, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Scholarly Works
No abstract provided.
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
Incorporating Bar Pass Strategies Into Routine Teaching Practices, Suzanne Darrow-Kleinhaus
Scholarly Works
No abstract provided.
Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik
Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik
Scholarly Works
No abstract provided.
Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine
Playing God: An Essay On Law, Philosophy, And American Capital Punishment, Samuel J. Levine
Scholarly Works
This article looks at the capital sentencer's decision: Whether a death-eligible defendant will in fact receive the death sentence. Based in part on an examination of Jewish law and philosophy, Professor Levine identifies three particular areas in which it can be said that the Supreme Court requires the capital sentencer to "play God." First, capital sentencers are asked to ascertain the degree of a defendant's culpability by looking at factors that affect free will and victim impact evidence, implicating moral luck. Capital sentencers are also required to determine a person's total moral worth by considering character evidence. Finally, the Supreme …
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Scholarly Works
Professor Levine examines the atonement model and its relevance to American law. He outlines and explains the necessary steps by the wrongdoer for atonement: repentance, apology, reparation and penance. The wronged party then has the obligation of reconciliation for the process to be complete. Despite the prominent position it has held for millennia in religious thinking, the atonement model is relatively new to American legal theory. Professor Stephen Garvey's attempt to offer a systematic depiction and analysis of the process of atonement and its possible relevance to American law appears to represent the most extensive effort to date. Any application …
The Salience Of Race, Deborah W. Post
Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik
Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik
Scholarly Works
No abstract provided.
Suburban Sprawl: Not Just An Environmental Issue, Michael Lewyn
Suburban Sprawl: Not Just An Environmental Issue, Michael Lewyn
Scholarly Works
Many conservatives believe that (1) sprawl is merely the result of the free market at work; (2) even if sprawl has negative effects, it cannot be limited without implementation of the liberal/environmentalist agenda of larger and more intrusive government; therefore, (3) conservatives should do nothing to fight sprawl. This article rejects all three propositions. Specifically, I argue that: (1) sprawl is in large part a result of runaway statism rather than the free market; (2) sprawl threatens conservative values such as consumer choice, the work ethic, and social stability, and (3) free-market, anti-spending solutions can limit sprawl and revitalize cities.
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon
Scholarly Works
No abstract provided.
Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar
Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar
Scholarly Works
No abstract provided.
An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine
An Introduction To Legislation In Jewish Law, With References To The American Legal System, Samuel J. Levine
Scholarly Works
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 …
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver
Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver
Scholarly Works
No abstract provided.
Halacha And Aggada: Translating Robert Cover’S Nomos And Narrative, Samuel J. Levine
Halacha And Aggada: Translating Robert Cover’S Nomos And Narrative, Samuel J. Levine
Scholarly Works
Levine takes a look at Robert Cover's 1983 Harvard Law Review article, Nomos and Narrative. Nomos is characterized by its heavy reliance on Jewish sources as a basis for analyzing contemporary American legal theory. The basis of narrative is the thesis that no set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning, so law becomes not merely a system of rules to be observed, but a world in which we live. Cover's explanation of these ideas coincided with and influenced the emergence of what has become known as "legal storytelling". In …