Curriculum Vitae
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It Is Fitting That We Come Together Today, on the Day the Members Of
I would like to begin by thanking David Berger and the other Keshet organizers for allowing me to submit a paper to be read to you in my absence. I am, regrettably, unable to be in New York today, but am grateful for the honor of having been asked to participate in this way, nevertheless. My talk is entitled: Svara, Queers, and the Future of Rabbinic Judaism According to Masechet Sanhedrin [5a], there are two requirements for one who wants to exercise rabbinic authority—one must be both gamirna and savirna. Now, what do these Aramaic terms mean? Gamirna implies that one has to have amassed sufficient knowledge or learning. Basically, they gotta know their stuff. And savirna implies they have to have the ability to exercise svara. But what is this svara that is so crucial to functioning as a rabbi and to interpreting God’s will? It seems pretty straightforward: svara, the ability to be “savir,” “reasonable.” The capacity to reason. But, actually, svara is much more complicated, and, it turns out, is not only a prerequisite for those aspiring to rabbinic authority, but is probably the most significant source of Jewish law we have. After the destruction of the Second Temple, our founding Rabbis increased the number of places to which they could turn to discover God’s will—that is, the sources of Jewish Law—from one to five. In addition to our old standby—a verse in the Torah, which they called kra (and which legal scholars call midrash)—they added ma’aseh (precedent), minhag (custom), takkanah (legislation) and last but not least, svara. -
Inventing Judicial Review: Israel and America
INAUGUARL URI AND CAROLINE BAUER MEMORIAL LECTURE INVENTING JUDICIAL REVIEW: ISRAEL AND AMERICA Robert A. Burt* TABLE OF CONTENTS I. THE FIRST GENERATION: TOWARD AN INDEPENDENT JUDICIARY .............................................. 2017 A. The Impact of the 1967 War on Israeli Jurisprudence .................................................... 2027 1. Jurisdiction over the Occupied Territories ....... 2029 2. The Knesset Acts ............................... 2034 B. The Court's Initial Response ......................... 2036 1. Shalit v. Minister of the Interior ................. 2036 2. Bergman v. Minister of Finance .................. 2043 3. Bergman and Marbury .......................... 2047 4. Jurisdiction over the Territories and Marbury .... 2049 II. THE SECOND GENERATION: THE AMERICAN WAY ...... 2051 A. The Definitive Emergence of Judicial Review in A m erica ............................................ 2051 B. The Israeli Supreme Court Charts Its Path ........... 2066 1. Israel's Dred Scott ............................... 2067 2. Judicial Injunctions to Tolerate the Intolerant ... 2077 3. The Promise and Problems of Judicial Independence ................................... 2084 C. The Convergence of Israeli and American Doctrine ... 2091 * Southmayd Professor of Law, Yale University. This Article is an expanded version of the Inaugural Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Car- dozo School of Law of Yeshiva University on October 11, 1988. I am especially indebted to Justice Aharon Barak, Professor Kenneth Mann of the Tel Aviv University Faculty of Law, and Dean Stephen Goldstein of the Hebrew University of Jerusalem Faculty of Law. Although none of them is responsible for the substance of this Article, without their generous assistance it would not have been written. I am also particularly grateful to two Yale Law School students, Stephen Sowle who helped me with the American historical sources and Joel Prager who gave me access to material only available in Hebrew. -
Source Sheet
Defeating the Meraglim of 2015 R' Mordechai Torczyner – [email protected] Three articles Rav Soloveitchik's Approach To Zionism (2002), edited by Dr. Aviad haCohen, http://etzion.org.il/vbm/english/alei/14-02ral-zionism.htm Diaspora Religious Zionism: Some Current Reflections (2007), Orthodox Forum http://www.yutorah.org/lectures/lecture.cfm/730117 The Ideology of Hesder (1981), Tradition 19:3 http://etzion.org.il/vbm/english/archive/ral2-hes.htm A Halachic Zionism 1. Talmud, Ketuvot 111a ג' שבועות הללו למה אחת שלא יעלו ישראל בחומה ואחת שהשביע הקב"ה את ישראל שלא ימרדו באומות העולם ואחת שהשביע הקב"ה את העובדי כוכבים שלא ישתעבדו בהן בישראל יותר מדאי What is the purpose of these three oaths? That the Jews should not ascend as a wall, that the Jews should not rebel against the nations, and that the nations should not overly oppress the Jews. 2. Rambam, Mishneh Torah, Hilchot Chanukah 3:2 ולא מצאו שמן טהור במקדש אלא פך אחד ולא היה בו להדליק אלא יום אחד בלבד והדליקו ממנו נרות המערכה שמונה ימים עד שכתשו זיתים והוציאו שמן טהור. And they did not find pure oil in the Mikdash, other than one jug, which contained enough oil to light for only one day. They lit the lamps from it for eight days, until they crushed olives and produced pure oil. 3. Rambam, Mishneh Torah, Hilchot Teshuvah 2:4 מדרכי התשובה להיות השב צועק תמיד לפני ד' בבכי ובתחנונים ועושה צדקה כפי כחו ומתרחק הרבה מן הדבר שחטא בו ומשנה שמו כלומר אני אחר ואיני אותו האיש שעשה אותן המעשים ומשנה מעשיו כולן לטובה.. -
Jewish and Western Philosophies of Law
Jewish and Western Philosophies of Law 1) Reason, Revelation, and Natural Law Maimonides, Mishne Torah, Laws of Kings, Chapter 10. Maimonides, Commentary, Ethics of the Fathers. Aquinas, Summa Theologica, selections. Marvin Fox, “Maimonides and Aquinas on Natural Law.” Yisrael LIfshits, Tifferet Yisrael, Avot Chapter 3 2) Natural Law and Noahide Law Babylonian Talmud, Sanhedrin 57a, 57b. Jason Rosenblatt, Renaissance England’s Chief Rabbi: John Selden, selections. J. David Bleich, “Judaism and Natural Law.” Michael P. Levine, “The Role of Reason in the Ethics of Maimonides: Or Why Maimonides Could have had a Doctrine of Natural Law even if He Did Not,” The Journal of Religious Ethics, 14:2. 3) Modern Versions of Natural Law Theory John Finnis, Natural Law and Natural Rights, chs. II, V-XII. Robert P. George, In Defense of Natural Law, Selections. David Novak, Natural Law in Judaism, selections Russell Hittinger, The First Grace: Rediscovering the Natural Law in a Post Christian World,” selections. 4) Law and Divine Command Theory Maimonides, Book of Commandments, Principle 1. Robert Adams, Finite and Infinite Goods, selections. Robert Adams, The Virtue of Faith, selections. Comments of Nahmanides on Maimonides’ Book of Commandments, Principle 1. Rabbi Elchanan Wasserman, Kuntres Divrei Sofrim. 5) The Nature of Law: Hart vs. Dworkin H.L.A. Hart, The Concept of Law, chs. I-V Ronald Dworkin, Taking Rights Seriously, chs. 2-4 6) Hart vs. Dworkin Halakhically Apllied Nissim of Gerondi, Derashot HaRan, Mishpat HaMelekh Menachem Loberbaum, Politics and the Limits of Law (Stanford: 2001). Isaac Halevi Herzog, 7) Law, Justice and Equity, Part I A. -
"The Liberal Agenda": Biblical Values and the First Amendment
Touro Law Review Volume 14 Number 1 Article 6 1997 "The Liberal Agenda": Biblical Values and the First Amendment Burton Caine Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, First Amendment Commons, Legal History Commons, and the Religion Law Commons Recommended Citation Caine, Burton (1997) ""The Liberal Agenda": Biblical Values and the First Amendment," Touro Law Review: Vol. 14 : No. 1 , Article 6. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol14/iss1/6 This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Caine: The Liberal Agenda "The Liberal Agenda": Biblical Values and the First Amendment Burton Caine' At a recent conference of the National Jewish Law Students Association, a student expressed surprise and appreciation that one advocating the "liberal" point of view could quote the Bible in support of that position. The implication was that "real" or "knowledgeable" Jews - often mentioned interchangeably with "Orthodox," "pious," or even "observant" Jews, are all on the right. Without even defining terms, the assumption is that these American Jews, motivated by religion and Zionism, support and become the "settlers" on the West Bank (often referred to in their Biblical nomenclature as "Judah and Samaria"), advocate government aid to Jewish religious schools and practices in the United States, and are the only real stalwarts for Jewish life at home and abroad.2 The stereotype then I Professor of Law, Temple Law School; Harvard Law School, J.D., 1952; Director, Temple-Tel Aviv Universities Law Program. -
Teaching Jewish Law in American Law Schools–Part II: an Annotated Syllabus
© The Journal of International and Comparative Law at Chicago-Kent: Volume 2, 2002 1 Teaching Jewish Law in American Law Schools–Part II: An Annotated Syllabus Samuel J. Levine* INTRODUCTION In recent years, American legal scholarship has increasingly turned to the Jewish legal system as a source of comparison and contrast for questions that arise in American legal discourse.1 Concomitantly, a growing number of American law schools have introduced into their curriculum a course in Jewish Law. By some estimates, approximately thirty American law schools include courses in Jewish Law as part of their curriculum. 2 A number of different models * Research Professor of Law, St. John’s University School of Law; LL.M., Columbia University; J.D., Fordham University; Ordination, Yeshiva University; B.A., Yeshiva University. The syllabus presented here is a variation of the syllabi I have used in the Jewish Law courses I have taught at St. John’s University School of Law and Fordham University School of Law. I gratefully acknowledge that in compiling these syllabi, I gained from the advice and assistance of friends, colleague, and mentors, many of whom shared with me the syllabi they had used in teaching Jewish Law. In addition, I thank Abraham Abramovsky, with whom I taught the course at Fordham. I also note the recent appearance of a Jewish Law textbook for use in American law schools. See M ENACHEM ELON ET AL., JEWISH LAW (MISHPATIVRI): CASES AND M ATERIALS (1999). Although Professor Elon’s book represents a groundbreaking achievement and is a valuable source for any course in Jewish Law taught in an American law school, the book differs from my own syllabus in its emphasis on Jewish law in the context of modern Israeli law, an approach more consistent with the international law model that I incorporate into my syllabus to a considerably more limited degree. -
Temple Mount Faithful
Catholic University Law Review Volume 45 Issue 3 Spring 1996 Article 17 1996 Temple Mount Faithful – General, Inspector-General of the Police, Mayor of Jerusalem, Minister of Education and Culture, Director of the Antiquities Division, Muslim WAQF - In the Supreme Court Sitting as the High Court of Justice [September 23, 1993] Menachem Elon Aharon Barak Gavriel Bach Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Menachem Elon, Aharon Barak & Gavriel Bach, Temple Mount Faithful – General, Inspector-General of the Police, Mayor of Jerusalem, Minister of Education and Culture, Director of the Antiquities Division, Muslim WAQF - In the Supreme Court Sitting as the High Court of Justice [September 23, 1993], 45 Cath. U. L. Rev. 861 (1996). Available at: https://scholarship.law.edu/lawreview/vol45/iss3/17 This Symposium is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. TEMPLE MOUNT FAITHFUL-AMUTAH ET AL. v. ATTORNEY-GENERAL INSPECTOR-GENERAL OF THE POLICE MAYOR OF JERUSALEM MINISTER OF EDUCATION AND CULTURE DIRECTOR OF THE ANTIQUITIES DIVISION MUSLIM WAQF In the Supreme Court Sitting as the High Court of Justice [September 23, 1993] M. Elon D.P., A. Barak J., and G. Bach J. CONTENTS I. FOREWORD BY KiTry 0. COHEN .............................. 862 II. A NOTE ON THE TRANSLATION ................................ 862 III. MENACHEM ELON: A BIOGRAPHICAL SKETCH ................. 863 IV. INTRODUCTION BY MENACHEM ELON .......................... 864 V . THE PARTIES ................................................. -
Cyber, Intelligence, and Security Cyber, Intelligence, and Security
Cyber, Intelligence, and Security Intelligence, Cyber, Cyber, Intelligence, and Security Volume 2 | No. 3 | December 2018 Identity Theft and Exposure to Harmful Content— Internet Risks for Teenagers Limor Ezioni Ubiquitous Presence: Protecting Privacy and Forbidding Volume 2 Volume Intrusion into a Person’s Records in Jewish Law Aviad Hacohen and Gabi Siboni Cyberspace: The Next Arena for the Saudi-Iranian Conflict? Ron Deutch and Yoel Guzansky | No. 3 Jihadi Johns: Virtual Democracy and Countering Violent Extremism Propaganda Matthew Crosston | December 2018 December The European Union’s Foreign Policy Toolbox in International Cyber Diplomacy Annegret Bendiek Global Changes in the Proliferation of Armed UAVs: Risks, Challenges, and Opportunities Facing Israel Liran Antebi Lectures by Lt. Gen. Gadi Eizenkot and Professor Yaël Ronen on October 24, 2018 Operations in Cyberspace from the Perspective of International Law Yaël Ronen Cyberspace and the Israel Defense Forces Gadi Eizenkot Cyber, Intelligence, and Security Volume 2 | No. 3 | December 2018 Contents Identity Theft and Exposure to Harmful Content— Internet Risks for Teenagers | 3 Limor Ezioni Ubiquitous Presence: Protecting Privacy and Forbidding Intrusion into a Person’s Records in Jewish Law | 15 Aviad Hacohen and Gabi Siboni Cyberspace: The Next Arena for the Saudi-Iranian Conflict? | 25 Ron Deutch and Yoel Guzansky Jihadi Johns: Virtual Democracy and Countering Violent Extremism Propaganda | 37 Matthew Crosston The European Union’s Foreign Policy Toolbox in International Cyber Diplomacy | 57 Annegret Bendiek Global Changes in the Proliferation of Armed UAVs: Risks, Challenges, and Opportunities Facing Israel | 73 Liran Antebi Lectures by Lt. Gen. Gadi Eizenkot and Professor Yaël Ronen on October 24, 2018 Operations in Cyberspace from the Perspective of International Law | 93 Yaël Ronen Cyberspace and the Israel Defense Forces | 99 Gadi Eizenkot The purpose of Cyber, Intelligence, and Security is to stimulate Cyber, and enrich the public debate on related issues. -
Curriculum Vitae
Curriculum Vitae Moshe Halbertal Born in Montevideo, 1958 Present Position Gurss Professor of Law NYU Law School; John and Golda Cohen Professor of Jewish Thought at the Hebrew University Education: 1984 BA (cum laude) Hebrew University, Jewish Thought and Philosophy 1989 Ph.D. Hebrew University Dissertation: “Values as Interpretive criteria in Jewish Law” Academic Positions: 1988-1991 Fellow at Harvard Society of Fellows 1991-1992 Fellow at the program of Ethics and the Professions, Harvard !991-1992 Lecturer at Harvard program of Social Studies 1992-1995 Lecturer at Hebrew University, Departments of Jewish Thought and Philosophy 1992- Fellow at the Hartman Institute for advanced Jewish Studies 1996-1999 Senior lecturer at Hebrew University 1996 Visiting Professor at Harvard Law School 1999- Full Professor, Hebrew University 2000 Visiting Professor at University of Pennsylvania Law School 2002- Gruss Professor at NYU Law School 2010 – Elected member of Israel’s national academy of Arts and Sciences 2011 – Visiting Professor Harvard University 2014 - Visiting Professor Yale Law School Academic Activities Supervised 15 PhD students and currently supervising 4. Awards: 1989 Kenedy Lee Prize for distinguished Ph.D. 1992 Alon Prize, Hebrew University 1999 Bruno Award of the Rothschild Foundation 2000 Goren Goldstein Prize for the best book in Jewish Studies between 1997-2000 2008 Honorary Doctorate Jewish Theological Seminary 2014 Jewish Council Book Award for Maimonides: Life and Thought List of publications Books: Idolatry (co authored with -
Making Jews Modern in the Polish Borderlands
Out of the Shtetl Making Jews Modern in the Polish Borderlands NANCY SINKOFF OUT OF THE SHTETL Program in Judaic Studies Brown University Box 1826 Providence, RI 02912 BROWN JUDAIC STUDIES Series Editors David C. Jacobson Ross S. Kraemer Saul M. Olyan Number 336 OUT OF THE SHTETL Making Jews Modern in the Polish Borderlands by Nancy Sinkoff OUT OF THE SHTETL Making Jews Modern in the Polish Borderlands Nancy Sinkoff Brown Judaic Studies Providence Copyright © 2020 by Brown University Library of Congress Control Number: 2019953799 Publication assistance from the Koret Foundation is gratefully acknowledged. Open access edition funded by the National Endowment for the Humanities/ Andrew W. Mellon Foundation Humanities Open Book Program. The text of this book is licensed under a Creative Commons Attribution-Non- Commercial-NoDerivatives 4.0 International License: https://creativecom- mons.org/licenses/by-nc-nd/4.0/. To use this book, or parts of this book, in any way not covered by the license, please contact Brown Judaic Studies, Brown University, Box 1826, Providence, RI 02912. In memory of my mother Alice B. Sinkoff (April 23, 1930 – February 6, 1997) and my father Marvin W. Sinkoff (October 22, 1926 – July 19, 2002) CONTENTS Acknowledgments....................................................................................... ix A Word about Place Names ....................................................................... xiii List of Maps and Illustrations .................................................................... xv Introduction: -
Israel Studies: an Anthology - the Values of the State of Israel As a Jewish and Democratic State
Israel Studies: An Anthology - The Values of the State of Israel as a Jewish and Democratic State The Values of the State of Israel as a Jewish and Democratic State by Aharon Barak* (August 2009) The Importance of the Values of a Jewish and Democratic State Despite a common misconception, Israel does have a formal constitution [1] as well as judicial review of constitutionality. [2] The Constitution is embodied in several documents called the Basic Laws. Two of these basic laws –Basic Law: Dignity and Libert [3] and Basic Law: Freedom of Occupation [4] – were constituted in 1992. Their main focus is human rights and they serve as the Israeli equivalent of the Bill of Rights When the Basic-Law: Human Dignity and Liberty and the Basic-Law: Freedom of Occupation were constituted, new language was introduced into Israel’s legal and social culture: [5] “The purpose of this Basic Law is to protect human dignity and liberty, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state.” This expression’s importance is two-fold. First, it determines the general purposes that lie beneath these two basic laws: To protect human dignity and liberty and the freedom of occupation, “in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic State.” [6] These values serve, therefore, as an interpretive criterion in determining to what extent the provisions of the Basic Law apply. For example, protection of property and privacy was intended “to protect human dignity and liberty, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic State.” [7] There is, however more to the matter than this. -
Studies Exploring the Influence of Rabbi J. B. Soloveitchik on Culture, Education and Jewish Thought
The Framework for Contemporary Jewish Thought and Identity Studies Exploring the Influence of Rabbi J. B. Soloveitchik on Culture, Education and Jewish Thought An International Conference Commemorating the Centenary of his Birth Monday, Tuesday, Wednesday, December 29–31, 2003 The Van Leer Jerusalem Institute Rabbi Soloveitchik is widely viewed as one of the key leaders of Modern Orthodoxy. His oral and written work has exerted a broad influence on the form and nature of Orthodox communities, shaping a new ‘genus’ of mitzva-observant Jews, which have become an integral part of rabbinical, social, scientific, scholarly and educational endeavors in the modern world. The conference will focus on Rabbi Soloveitchik’s social and educational influence vis-à-vis the Jewish world in general and Modern Orthodoxy in particular, both in Israel and the Diaspora. The Academic Committee Dr. Avinoam Rosenak (Chair), Prof. Ya’akov Blidstein, Dr. Aviad Hacohen, Prof. Hannah Kasher, Dr.Yehoyada Amir, Dr.Uzi Rebhun, Prof. Aviezer Ravitzky, Prof. Shalom Rosenberg, Prof. Eliezer Schweid, Rabbi Prof. Naftali Rothenberg, Dafna Schreiber Simultaneous translation is available in both Hebrew and English all lectures held will be broadcast live over the Internet at the VLJI web site (www.vanleer.org.il). The Van Leer Jerusalem Institute 43 Jabotinsky St. Jerusalem 02-5605212/251 Monday, December 29, 2003 9:00-9:30 – Registration 9:30-10:00 – Opening Session Dr. Shimshon Zelniker, Greetings Dr. Avinoam Rosenak, Opening Remarks 10:00-12:00 – Theoretical and Philosophical Studies Chair: Rabbi Prof. Naftali Rothenberg Dr. Hanoch Ben Pazi, Psychoanalytical Aspects of Soloveitchik’s Philosophical Inquiries (Hebrew) Dr.