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Full-Text Articles in Social and Behavioral Sciences

Foreword To The Symposium: The Life And Work Of Robert M. Cover, Samuel J. Levine Jan 2022

Foreword To The Symposium: The Life And Work Of Robert M. Cover, Samuel J. Levine

Touro Law Review

No abstract provided.


The Life And Work Of Robert Cover- Robert Cover’S Social Activism And Its Jewish Connections, Stephen Wizner Jan 2022

The Life And Work Of Robert Cover- Robert Cover’S Social Activism And Its Jewish Connections, Stephen Wizner

Touro Law Review

No abstract provided.


Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson Jan 2022

Fat Rights, Public Health Oppression And Prejudice, And The “Obesity Epidemic”, Nicholas D. Lawson

Touro Law Review

The pervasiveness, frequency, and intensity of fat shaming, bullying, and harassment experienced by fat people is well-documented, and three quarters of the American public support antidiscrimination protections for fat people. Yet fat people generally remain unprotected from discrimination under federal and state law in all but two jurisdictions. This Article traces these problems to the agendas of public health leaders, organizations (the Centers for Disease Control and Prevention and the World Health Organization), and associated industries, which are fighting an “obesity epidemic.” It describes some of their fat-shaming strategies and persistent public-health-crisis framings, as well as sensationalized presentations of research …


Roadmap To Reconciliation: An Institutional And Conceptual Framework For Jewish-Muslim Engagement, J. R. Rothstein, Esq., Shlomo Pill, Ariel J. Liberman, Esq. Jan 2022

Roadmap To Reconciliation: An Institutional And Conceptual Framework For Jewish-Muslim Engagement, J. R. Rothstein, Esq., Shlomo Pill, Ariel J. Liberman, Esq.

Touro Law Review

This paper calls for the establishment of a comprehensive academic and theological center to be created and located at a prestigious secular university in the United States. As the first of its kind in North America, it should be affiliated with both American Muslim and Jewish institutions. Modeled on similar Jewish-Christian centers, its mission will be to foster both a neutral ground for dialogue and the development of a theology of Jewish-Muslim coexistence.


Reconsidering The Nomos In Today’S Media Environment, Kimberlianne Podlas Jan 2022

Reconsidering The Nomos In Today’S Media Environment, Kimberlianne Podlas

Touro Law Review

Today’s media landscape is wholly unlike that which existed when Cover first discussed narrative and the nomos; specifically, the status of television as both a cultural messenger and object of scholarly study has changed significantly. Accordingly, this article contemplates narrative in the contemporary media environment, specifically, television as an essential source of narratives. To enhance understandings of the roles television narratives play and which narratives play a role, this article employs an empirical perspective. Surveying Media Theory, it outlines research on television effects, including when and why television’s representations of law can impact audience attitudes, behaviors, perceptions, knowledge, and judgements. …


Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg Jan 2022

Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg

Touro Law Review

The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …


‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Soloman, Russell G. Pearce Jan 2022

‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Soloman, Russell G. Pearce

Touro Law Review

The role and function of “halakha” (Jewish law) in Jewish communal life is a divisive issue: while Orthodox Jews tend to embrace Jewish law, non-Orthodox Jews (here deemed “Heterodox”) generally reject Jewish law and halakhic discourse. We will explore the way in which Robert Cover’s work offers an antidote to categorical Heterodox distaste for halakha specifically, and law more broadly, providing a pathway into an articulation of halakha that may speak to Heterodox Jews specifically: one that is driven by creative “jurisgenerative” potential, that is informed by a paideic pluralism, and that is fundamentally democratic in its commitment to being …


Table Of Contents Jan 2021

Table Of Contents

Touro Law Review

No abstract provided.


Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: A Review, John Elder Robison Jan 2021

Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: A Review, John Elder Robison

Touro Law Review

No abstract provided.


The Robber Wants To Be Punished, Uri Weiss Jan 2021

The Robber Wants To Be Punished, Uri Weiss

Touro Law Review

It is a commonly held intuition that increasing punishment leads to less crime. Let us move our glance from the punishment for the crime itself to the punishment for the attempt to commit a crime, or to the punishment for the threat to carry it out. We argue that the greater the punishment for the attempted robbery, i.e., for the threat, "give me your money or else," the greater the number of robberies and threats there will be. The punishment for the threat makes the withdrawal from it more expensive for the criminal, making the relative cost of committing the …


Partnership, Democracy, And Self-Rule In Jewish Law, Daniel J.H. Greenwood Jan 2021

Partnership, Democracy, And Self-Rule In Jewish Law, Daniel J.H. Greenwood

Touro Law Review

Liberal political theory has long relied on a metaphor of contract: autonomous adults coming together to agree, by unanimous consent, on the basic structure of a just society. But contract is a strange metaphor with which to explain society. Contract law is based on a morality of strangers acting at arms-length. In contrast, decent societies and the governments they set for themselves must be based on a commitment of mutual responsibility. What makes us fellow citizens—fellows of any variety—is accepting that we are all in this together. Jewish legal and midrashic traditions can be a useful corrective to the atomistic …


Review Of Samuel J. Levine’S Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: Urim Publications, Jerusalem, New York, Nathan Weissler Jan 2021

Review Of Samuel J. Levine’S Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources: Urim Publications, Jerusalem, New York, Nathan Weissler

Touro Law Review

No abstract provided.


Analyzing Wrongful Convictions Beyond The Traditional Canonical List Of Errors, For Enduring Structural And Sociological Attributes, (Juveniles, Racism, Adversary System, Policing Policies), Leona D. Jochnowitz, Tonya Kendall Jan 2021

Analyzing Wrongful Convictions Beyond The Traditional Canonical List Of Errors, For Enduring Structural And Sociological Attributes, (Juveniles, Racism, Adversary System, Policing Policies), Leona D. Jochnowitz, Tonya Kendall

Touro Law Review

Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness identifications; false confessions) will continue to re-occur. Identifying structural problems may help to prevent future wrongful convictions. The research involves the coding of archival data from the Innocence Project for seventeen cases, including the one for the Central Park Five exonerees. The data were coded by Hartwick College and Northern Vermont University students …


Economic Analysis Of Jewish Law, Keith Sharfman Jan 2020

Economic Analysis Of Jewish Law, Keith Sharfman

Touro Law Review

No abstract provided.


Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger Jan 2020

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger

Touro Law Review

No abstract provided.


Reflections On Jewish And American Disability Law And On The God Who Makes All Things Good, Randy Lee Jan 2020

Reflections On Jewish And American Disability Law And On The God Who Makes All Things Good, Randy Lee

Touro Law Review

No abstract provided.


Keeping Faith With Nomos, Steven L. Winter Jan 2020

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.


Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron Jan 2020

Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron

Touro Law Review

No abstract provided.


Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron Jan 2020

Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron

Touro Law Review

No abstract provided.


Book Review Essay: Invisibility, Inclusivity & Fraternity: Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash And Classical Jewish Sources (Samuel J. Levine, Urim Publications (2019)), Stephen A. Rosenbaum Jan 2020

Book Review Essay: Invisibility, Inclusivity & Fraternity: Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash And Classical Jewish Sources (Samuel J. Levine, Urim Publications (2019)), Stephen A. Rosenbaum

Touro Law Review

No abstract provided.


Book Review: Was Yosef On The Spectrum By Samuel J. Levine, Ian Hale, Ph.D. Jan 2020

Book Review: Was Yosef On The Spectrum By Samuel J. Levine, Ian Hale, Ph.D.

Touro Law Review

No abstract provided.


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.


Completing The Portrait: Concluding Thoughts About Charles Reich, Rodger D. Citron Jan 2020

Completing The Portrait: Concluding Thoughts About Charles Reich, Rodger D. Citron

Touro Law Review

No abstract provided.


Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine Jan 2020

Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine

Touro Law Review

No abstract provided.


Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte Jan 2019

Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte

Touro Law Review

No abstract provided.


Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff Jan 2019

Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff

Touro Law Review

No abstract provided.


An Inflection Point For Disaster Relief: Superstorm Sandy, Danshera Wetherington Cords Jan 2019

An Inflection Point For Disaster Relief: Superstorm Sandy, Danshera Wetherington Cords

Touro Law Review

No abstract provided.


Donor Intent, Disaster Relief, Education, And Policy, Marian Conway Ph.D. Jan 2019

Donor Intent, Disaster Relief, Education, And Policy, Marian Conway Ph.D.

Touro Law Review

No abstract provided.


The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel Jan 2019

The Calm After The Storm: 45 Years Of The Aba Young Lawyers Division’S Disaster Legal Services Program, Andrew Jack Vansingel

Touro Law Review

No abstract provided.


Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz Jan 2018

Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz

Touro Law Review

No abstract provided.