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Articles 31 - 60 of 86
Full-Text Articles in Religion Law
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
Touro Law Review
No abstract provided.
First Amendment Cases In The October 2004 Term, Joel M. Gora
First Amendment Cases In The October 2004 Term, Joel M. Gora
Touro Law Review
No abstract provided.
"When Has The Grim Reaper Finished Reaping?" How Embracing One Religion's View Of Death Can Influence Acceptance Of The Uniform Determination Of Death Act, Kenneth Shuster
Touro Law Review
No abstract provided.
Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder
Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder
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
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
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
Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller
The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller
Touro Law Review
This article examines the political theory of revelation in the narratives of the Hebrew Bible, particularly the theophany at Sinai. Revelation occurs when God communicates information to human beings. The biblical narratives use the modality of a revelation to signal the importance of the message being conveyed. They also identify techniques for limiting revelation’s destabilizing potential: embedding, which restricts God’s ability to change his mind; authentication, which tests the validity of revelations; and access rules which privilege political elites as recipients of God’s word.
Catholic Ideas About War: Why Does Carl Schmitt Reject Natural Law Justifications Of War?, G.J. Mcaleer
Catholic Ideas About War: Why Does Carl Schmitt Reject Natural Law Justifications Of War?, G.J. Mcaleer
Touro Law Review
No abstract provided.
A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee
A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee
Touro Law Review
No abstract provided.
"Extraordinarily Called Upon By The Blessings Which We Have Received", Ronald R. Garet
"Extraordinarily Called Upon By The Blessings Which We Have Received", Ronald R. Garet
Touro Law Review
No abstract provided.
Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, Marie A. Failinger
Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, Marie A. Failinger
Touro Law Review
No abstract provided.
Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine
Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine
Touro Law Review
In this article, the author introduces the articles published in the Symposium Issue of the Touro Law Review, which is a compilation of selected excerpts from the fourth annual Conference on Religious Legal Theory (“RLT”) held April 10-12, 2013. By introducing each article, the author shows a sampling of the variety of topics and disciplines explored and the range of perspectives represented at the Conference, which revolved around the theme RLT IV: Expanding the Conversation. The author provides the background of the panelists to give context to each article, and then briefly discusses the relevance and main ideas.
The Story Of Jewish Polygamy, Mark Goldfeder
The Story Of Jewish Polygamy, Mark Goldfeder
Scholarly Works
This Article examines the intersection of law, religion, and culture in the evolution of polygamy in the Jewish tradition. It traces the development of Jewish thought on polygamy over time by assembling and analyzing relevant discussions, arguments, decisions, and biblical interpretations from the time of the Hebrew Bible passages, when plural marriage was an accepted part of Jewish society, to the early Middle Ages when the practice was formally and conclusively rejected. In doing so, the Article attempts to untangle the various influences-both practical and doctrinal, internal and external-on the evolution of marriage law in Jewish communities. These findings highlight …
Who Should Be A Jew? Conversion In The Diaspora And In The Modern Nation-State, Mark Goldfeder, Michael J. Broyde
Who Should Be A Jew? Conversion In The Diaspora And In The Modern Nation-State, Mark Goldfeder, Michael J. Broyde
Scholarly Works
No abstract provided.
Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine
Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine
Scholarly Works
In this article, the author introduces the articles published in the Symposium Issue of the Touro Law Review, which is a compilation of selected excerpts from the fourth annual Conference on Religious Legal Theory (“RLT”) held April 10-12, 2013. By introducing each article, the author shows a sampling of the variety of topics and disciplines explored and the range of perspectives represented at the Conference, which revolved around the theme RLT IV: Expanding the Conversation. The author provides the background of the panelists to give context to each article, and then briefly discusses the relevance and main ideas.
Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks
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
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
Israel's Constitutional Tragedy, Menachem Lorberbaum
Touro Law Review
No abstract provided.
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Touro Law Review
No abstract provided.
Navigating The Space Between Dueling Sovereigns, Miriam Galston
Navigating The Space Between Dueling Sovereigns, Miriam Galston
Touro Law Review
No abstract provided.
Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson
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.
Faithful Presence And Theological Jurisprudence: A Response To James Davison Hunter, Zachary R. Calo
Faithful Presence And Theological Jurisprudence: A Response To James Davison Hunter, Zachary R. Calo
Scholarly Works
This paper considers how James Hunter’s arguments, presented both in his address and his book To Change the World, might inform the development of a constructive religious legal theory based in the particular resources of Christian theology. In speaking of religious legal theory, I mean something quite different than a theory of law and religion. For some time, the academic conversation about law and religion has centered around issues concerning church-state relations and, more broadly, the place of religion within the liberal political order. Yet, the regnant methodological concerns that have shaped this discourse reflect the boundedness of law to …
The State Of Israel’S Constitution; A Comparison Of Civilized Nations, Mark Goldfeder
The State Of Israel’S Constitution; A Comparison Of Civilized Nations, Mark Goldfeder
Scholarly Works
The art of constitution-making is never one-dimensional. In regard to the United States' model, it has recently been argued that "[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition."' While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for …
Law, Religion, And Culture Intertwined: A Case Study In The Development Of American Jewish Law, Mark Goldfeder
Law, Religion, And Culture Intertwined: A Case Study In The Development Of American Jewish Law, Mark Goldfeder
Scholarly Works
Law and religion share an underlying structure built on commandments and corresponding commitments. They also share a space in the formal regulation of a person's daily life. Oftentimes, they attempt to legislate in the same specific areas, and oftentimes they come to different final conclusions, or to similar conclusions, but for very different reasons. This article explores the concept of child support in Jewish and American law, respectively, noting how the standards that Jewish law courts impose are actually governed by the hybrid and sometimes competing claims of religious law, secular law, and contemporary cultural norms. In some times and …
Christianity, Islam, And Secular Law, Zachary R. Calo
Christianity, Islam, And Secular Law, Zachary R. Calo
Scholarly Works
No issue is more central to theological engagement with law than the meaning of the secular. Indeed, the capacity of constructive religious thought to inform the modern legal order depends in large measure on developing a theological account of the secular and secular law in particular.
Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon
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 …
Bribery In The Judiciary: Rethinking Recusal And Judicial Elections In The Wake Of Caperton V. A.T. Massey Coal Co.: A Jewish Law Perspective, Jacob Z. Weinstein
Bribery In The Judiciary: Rethinking Recusal And Judicial Elections In The Wake Of Caperton V. A.T. Massey Coal Co.: A Jewish Law Perspective, Jacob Z. Weinstein
Touro Law Review
No abstract provided.
Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder
Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder
Scholarly Works
While human rights law in its current form is less than fifty years old, the issues that it grapples with are much, much older. People oftentimes dismiss religion or religious norms as being out of date, close-minded, or old-fashioned, and label religious views as discriminatory in theory or even in practice. In reality, religions have been dealing with human rights issues since ancient times, and in some ways have laid the groundwork for the very modern discussions that have supplanted them. The answers that religions give, therefore, deserve at the very least a careful and respectful analysis before they are …
Higher Law Secularism: Religious Symbols, Contested Secularisms, And The Limits Of The Establishment Clause, Zachary R. Calo
Higher Law Secularism: Religious Symbols, Contested Secularisms, And The Limits Of The Establishment Clause, Zachary R. Calo
Scholarly Works
This paper considers whether religious symbols on public property might serve a permissible role within the secular polity, and whether there is a way to understand such symbols as compatible with secular commitments. While some attention will be given to constitutional issues, it is proposed that jurisprudential incoherence in this area is less the result of legal interpretation and technique than with the way in which law has framed the concept of the secular. We are not facing a crisis in the Establishment Clause so much as a crisis in the secular. The aim of the paper is thus to …