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The Influence of a Jewish Education and Jewish Values on a Jewish Judge

By   /  February 24, 2014  /  Featured, Jewish Law 

There is no religious test for office in the United States. Jew, Christian, Moslem, or atheist are equal before the law, and enjoy equal opportunity to gain public office. Consequently, how a judge decides a case should not depend on the judge’s religious upbringing, religious identification, or religious values.

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Some Thoughts on Sanford Levinson’s “Divided Loyalties: The Problem of ‘Dual Sovereignty’ and Constitutional Faith”

By   /  June 3, 2013  /  Constitutional Law, Featured, Jewish Law 

Jewish Prayer Book

These two kinds of divided loyalties could be seen as involving two essentially different philosophical conflicts; but they could also be seen as involving the same essential conflict, namely, the conflict between loyalty to God-made law and loyalty to human-made law.

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Israel’s Constitutional Tragedy

By   /  May 27, 2013  /  Constitutional Law, Featured, Jewish Law 

Gavel with Flag of Israel

Constitutional theorists have at least enough faith to maintain the proposition that a written constitution is better than none at all; and Israel, it would seem, serves as a proverbial example of the failure to embrace one. However, the case of Israel deserves a closer examination. In fact, I will argue it is the attempt to foist the constitutional machinery of judicial review upon the legal and political system in Israel that can serve as an example of a lack of dexterity in constitutional politics.

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Dual Sovereignty in Traditional Judaism and Liberal Democracy

By   /  May 20, 2013  /  Constitutional Law, Featured, Jewish Law 

Knesset

The arguments espoused by both Scalia and Kennedy rest on an unstated premise: their faith commands them negatively—not to perpetrate evil directly—but not positively, to do whatever they can to promote the good as the Church understands it. Catholicism did not always make this distinction, which is one reason why relatively few Catholics were chosen to occupy high offices under our Consti-tution until quite recently.

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Navigating the Space Between Dueling Sovereigns

By   /  May 6, 2013  /  Constitutional Law, Featured, Jewish Law 

Torah (2)

Levinson’s remarks seem aimed less at resolving such conflicts than suggesting how we should think about the structure of the problems that arise when competing authorities vie for our loyalty, with at least one of them asserting a sacred or transcendent basis for its claims.

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Divided Loyalties: The Problem of “Dual Sovereignty” and Constitutional Faith

By   /  April 29, 2013  /  Constitutional Law, Featured, Jewish Law 

Star of David on Torah

What is the meaning of “sovereignty,” and what is the relationship between “sovereign authority” and an individual presumably subject to such authority who nevertheless legitimately believes that the sovereign is commanding what can only be described as perhaps grotesque injustice, as was the case with Hagar?

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Bribery in the Judiciary: Rethinking Recusal and Judicial Elections in the Wake of Caperton v. A.T. Massey Coal Co.: A Jewish Law Perspective

By   /  June 1, 2012  /  Jewish Law 

Torah

A fundamental truth exists within the legal systems of civilized societies and cultures, regardless of religious or secular affiliations: all courts must be fair and unbiased. No matter the background, rational people will agree that a fair and unbiased judiciary is crucial for society to function, for order to occur, and for the effectiveness of the other branches of government.

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