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Law; Jurisprudence

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Burden of Proof in Property Law
When two parties claim rights to the same properties, what is the burden of proof required? Rabbi Shanowitz presents the Talmudic law followed by Justice Fraiberg who presents the secular approach.
American Judicial Opinions and Talmudic Citations
A survey of judicial citations to Jewish and Talmudic law in several complex and controversial areas of American law. A careful analysis of these judicial opinions explores the accuracy and relevance of these citations, and their application to the legal ...
Vigorous Counsel or Suborning Perjury
One of the most troubling "grey areas" in the practice of law is the question of where a lawyer’s advice crosses the line from helping the client make a good case into providing a recipe for perjury. How is this issue dealt with in the American and in Jud...
Halachah and the limits of rationality
Professor Rabbi Ozer Glickman of Yeshiva University posits a “legal theory” of Torah law that compares and contrasts the ideas of morality, legality, rationality and obligation.
A Jewish Perspective on American Ethics Codes
A legal scholar makes the argument that current American ethical codes actually contribute to a lack of ethics in the legal profession. He then offers the Jewish system of Talmudic ethics as a model for improvement.
The Talmud on Migo, Lesson 1
This Talmud class explores Talmudic principle of 'Migo', a reasoning often employed by the court to ascertain the veracity of a claim. We begin with a real case of litigation presented to the court, which by extension teach us legal principles for authent...
A philosophical exploration of a Talmudic dictum highlights the intrinsic value of law
"He who has been commanded and fulfills the command," the Talmud says, "is greater than he who fulfills though not commanded." This suggests that laws are valuable not only because they ensure proper behavior, but because the binding nature of these dutie...
The complex legal history of Judaism's holiest site
Though the Temple Mount in Jerusalem is technically under Israeli sovereignty. But due to the complex history of the site's status under international and Israeli law, and also due to Jewish legal (i.e. halachic) considerations, access to Jews remains sev...
Self-incriminating Admission in Torah
Admission of guilt is tantamount to the testimony of one hundred witnesses. This is true only of monetary obligations. If however, one admitted in a court of law to a transgression that carries a penalty to be applied to the person himself, such a confess...
When remains of missing people are never recovered
Law professor and rabbi Michael J. Broyde addresses the legal problem of determining the status of people who went missing in the 9/11 terrorist attacks and whose remains were never recovered. In particular, Broyde examines the Talmudic approach to the qu...
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